– GENERAL INFORMATION (PATENT AND PATENT DOCUMENTS)
A patent is a system in which the inventor has the right to prevent third parties from producing, using, selling or
importing the product that is the subject matter of the invention for a certain period of time, and the document
obtained at the end of this system is called a patent document.
The origin of the word patent comes from the Latin verb “patere” and means “to be open”, “to be accessible”.
According to another definition: for an invention a patent is a document granted by the state to the inventor, which
gives a right to prevent others from producing, using or selling the invention for a certain period of time without the permission
of the inventor.
It is the monopoly right of the inventor in exchange for presenting his invention to the public.
In order to be registered as a patent, an invention should meet 3 patentability criteria:
2. Inventive step
3. Industrial applicability
The protection period for patents is 20 years.
– PATENT REGISTRATION & MATTERS TO CONSIDER
Essentially, the most important key factor for a patent registration is to work with the right attorney. When choosing
an attorney, you should question the competence of the attorney, the experience of patent engineers and their areas
– REGISTRATION PROCESSES
Basically, patent registration processes consist of 5 steps. These are:
• Procedural review
• Preparation and publication of the research report
• Preparation of the analysis report
• Document decision.
– OVERSEAS PATENT REGISTRATION PROCESSES
We have mentioned that the registered patents only provide protection within the borders in which they are registered.
Since the patent registration is a very expensive process, regional systems have been established between the
countrieswith certain agreements in order to encourage the inventors, in order to make the registration processes
PCT (Patent Cooperation Treaty)
The PCT system is not only a certification system, but also a research and examination system. This system provides
a right to make an application to more than one countries with a single report by eliminating the individual payment
of research and examination fees in more than one countries to which the application will be made.
There are 152 countries that are the members of the PCT system.
EPC (Europe Patent Convention)
There are 38 countries that are the members of the European Union and are not the members of the European Union,
butare the members of the EPC with special agreements such as Turkey. The EPC system is a certification system,
and the document decision is made by the EPO.
In addition to the above-mentioned systems,
An application may be made to the organizations, such as
OAPI (African Intellectual Property Organization), which provides collective application opportunities in African
countries, ARIPO (African Regional Intellectual Property Organization), and
EAPO (Eurasian Patent Organization), as well as individual applications may be made to the countries.