In Intellectual Property Code No. 6769 Article 82 " A patent shall be granted to the inventions in all fields of technology providing that the invention is new, involves an inventive step and is susceptible to industry. " has provided the criterias for an invention to benefit from patent protection. In this sense, three criterias can be mentioned;
2- Inventive step
3- Industrial Applicability
Patent protection cannot be provided to an invention that does not meet these criteria. A patent protection can be given for an invention that meets all three criteria.
Patent Registration Process:
1- With the preliminary research to be done by an expert patent attorney, It can be checked whether there is an invention to be patented or not.
2- As a result of the patent research process, if it is believed that the invention is patentable, then drawings, pictures, proving documents, sketches, descriptions and a file about the invention are prepared.
3- The patent attorney prepares the patent specification using his opinions and his own knowledge.
4- The patent application is made by paying the required application fee, filling in the detailed description and the necessary forms and applying to the Turkish Patent and Trademark Office.
5- The patent application is published in the Bulletin upon the expiration of the eighteen months from the date of application or upon the request of the applicant's early publication before this period expires.
6- Within the six months after the publication, according to Intellectual Property Code No. 6769 Article 99 the third parties can be appeal to the application. This objection is notified to the applicant and within 3 months, the applicant informs the Turkish Patent and Trademark Authority of his own opinions and changes, if any. Upon this, the board reviews the objection and opinion of the Turkish Patent and Trademark Authority and any changes, if any, and makes a decision. It is possible to appeal against this decision within two months. The objection is again examined by the Board.
7- In order to register the invention, an application request is made by paying the official patent research fee within fifteen months from the date of application or priority if any.
8- After the completion of the patent research, the Turkish Patent and Trademark Office notifies the prepared research report. There are two possibilities after that;
a- If the Patent Research report is positive; The first Review request is made within 3 months.
b- If the report is negative, there will be a 2nd review and then a third review.
9- After the first examination, Turkish Patent and Trademark Office notifies the First Review report. If the first examination report is positive, the Registration Certificate Arrangement Fee is paid to the Turkish Patent and Trademark Office for the patent and the patent certificate is obtained.
It is very important to carry out all this process through a patent attorney, both in terms of time and the positive result of the application. Onal & Onal Consulting has a high success rate in following up the process and registering the application. Onal & Onal Consultancy manages the patent application and registration process with you, which produces the most effective solutions that are specific to you and with the knowledge and experience gained over the years.
 Patentable inventions and exceptions to patentability
a) Discoveries, scientific theories and mathematical methods;
b) mental acts, business activities or game related plans, rules and methods;
c) computer programs; ç) products with aesthetical creations , belles-lettres, artworks and treatise;
d) presentation of the information.
(3) Below mentioned inventions shall not be granted a patent:
a) inventions violating public order or public moral;
b) biological processes relating to plant varieties or animal races; or intending to generate plant varieties or animal races with the exception of microbiological processes or products obtained in the result of such processes;
c) all treatment modalities including the diagnosis methods which are intended to be applied to human or animal bodies and surgical methods;
ç) discovering only one of the parts of human body including human body and a gene sequence or a partial gene sequence in the various phases of their generation and evolution;
d) the human cloning processes, the changing processes of genetic identity of human sextinked inheritance, using human embryos for industrial or commercial purposes, changing processes of genetic identity in a way that may agonize the animals without providing any significant medical avails for human or animals and animals that are obtained in the result of such operations.
 Objection and Objection Evaluation
ARTICLE 99- (1) Third Parties can object, paying the fee, to the subject patent within six months as of the date of the decision of granting the patent is published on the Bulletin with the allegations specified below:
a) the subject of patent does not comply with patent conformity conditions of patentability according to Articles 82 and 83;
b) the invention is not explained sufficiently according to the paragraphs 1 to 3 of Article 92;
c) the subject of patent exceeded the extent of the first version of the application; or it exceeded the extent of the previous version of the application, in case it is based on a divisional application that is filed according to Article 91 or based on an application that is filed according to subparagraph (b) of paragraph 3 of Article 110. (2) The objection shall be considered as not made, in case the fee regarding the objection within the time period that is specified in paragraph 1; or the objection is not made in compliance with the conditions specified by the regulation.
(3) In case, no objections are made; or an objection is considered as not made, the decision regarding granting the patent shall be finalized and the final decision shall be published on the Bulletin.
(4) The Office shall notify the objection to the patentee. The patentee shall present his comment within three months as of the date of this notification or make changes on the patent. The objection is evaluated by the Board considering the patentee’s comment and the requests for changes in the patent.
(5) The Board, if has the opinion that the patent or the changed version complies with this Code, shall decide for the patent or the changed version, if any, to maintain the position; if has the opinion that it does not comply, the Board shall make a decision of nullity for the patent; and in this case, consequences of nullity which are specified in Article 139 will appear. The decision of nullity shall be published on the Bulletin.
(6) The Board, if has the opinion that the patent or the changed version complies partially with this Code, shall decide for the patent or the changed version, to maintain the position by this part and shall invite the patentee to make required changes within two months as of the date of notification. In case the subject changes are failed to be made or the changes made are refused, the Board shall make a decision of nullity for the patent; and in this case, consequences of nullity which are specified in Article 139 shall appear. The decision of nullity shall be published on the Bulletin.
(7) The final decision made in consequence of the objection shall be published on the Bulletin. In case it is decided for the patent to continue with the amended version, the amended version of the patent shall be published on the Bulletin.
(8) Procedure and rules regarding the objection and objection evaluation shall be determined by a regulation.