Not all inventions are acceptable for Turkish patents. According to Article 82/1 of the Industrial Property Code (IPC), a patent can only be awarded if it meets the requirements listed below

• Novelty (If the invention is not mentioned anywhere in the world)

• Innovative Shift (If the invention is not obvious or common to the expert in that particular field)

• Must be suitable for industrial use (The invention must be able to manufacture again in the industry)

The patents obtained without examination have a seven-year period of protection. In contrast, the term is 20 years if the patent is secured following a careful investigation and is approved by the Turkish Patent and Trademark Office.

Turkey is currently home to several unique inventions in development. Therefore, it is essential to safeguard inventions from infringement by other inventors and to preserve the inventor's rights to sell or use their creations. Therefore, it is crucial to comprehend the advantages of owning a patent in Turkey. LegaMart had elaborated it here.

Benefits of Turkish Patent Registration

The benefits of getting a patent in Turkey are as follows:

Comparatively speaking, applying for a patent in Turkey is simple because you can do it directly with the Turkish Patent Office.

With the help of a patent, an innovator can bar others from buying, using, and producing their creations without their permission.

An inventor might choose between receiving the protection period in Turkey, with or without inspection. The patent offers seven years of security even if it is acquired without being examined.

The duration of patent protection will keep competing inventors on edge and impede their ability to operate during that time.

Comparatively, less money is spent on the process than in other foreign nations.

The creation is completely up to the inventor's personal use.

The patent is most important since it allows you to easily sell or license your idea to others, which can eventually turn into a reliable source of cash for your company.

More than 130 nations throughout the world recognize Turkish patents as valid.

In Turkey, there is a fast-track mechanism accessible in cases of urgent patent infringement. If there is sufficient documentary proof of the ownership of the invention or the use of the invention by the right holder, any creative who files an infringement complaint under Article 41 of the IPC may ask the court for a preliminary injunction. Furthermore, in cases of the fast-track procedure for patent infringement proceedings, the request for a preliminary injunction is swiftly evaluated.

Turkey Offers Remedy for Patent Infringement Cases

In Turkey, the following remedies are available if a lawsuit for patent infringement is filed against the inventor:

1. The individual who violates the rights of the inventor will be given a court order prohibiting him from marketing, producing, importing, or exporting the infringing goods.

2. The infringing products may be ordered to be removed or destroyed by the court.

3. It is legal for the legitimate patent owner to demand damages, whether cash or something else.

4. The court makes its determination after carefully reviewing and analyzing the case.

To Sum up

The advantages of having a patent vary depending on the country's regulations. Turkey's patent rules specify a number of requirements that must be satisfied before a Turkish patent can be issued. The Turkish patent laws offer the patent holder significant advantages and the ability to pursue remedies in the event of infringement. An important advantage, particularly if the applicant has submitted an overseas application, is that in Turkey, the applicant does not have to go through a difficult and drawn-out process to get patent protection.

This article has been adapted from 9 Benefits of Patent Registration in Turkey for 2022.