IF YOU WANT TO REGISTER THE COMPANY NAME, LOGO OR PRODUCT NAME, PLEASE SEE THE "HOW TO OBTAIN A TRADEMARK REGISTRATION" SECTION
Before starting this article, we should express that in Turkey, "obtaining patent" term is mistakenly used for "obtaining trademark registration". Therefore, we would like to emphasize that this paper is about "patenting inventions". If you want to register the company name, company logo, names of the products, then you can see the section in which we answered the question of "how to obtain a trademark registration".
AND ITS PROCEDURES
In order to answer the question of how to obtain a patent, it is necessary to understand the steps that make up the process. The basis of the patenting process consists of paying fees to the patent offices, writing technical specifications and filling in the application forms and forwarding it to the relevant patent office and responding to the official actions and examination reports. In other words, patent registration procedures consist of
- TECHNICAL and
- BUREAUCRATIC activities.
A) HOW TO OBTAIN A PATENT - PROCESSES
WORK TO BE DONE BEFORE THE APPLICATION
- An expert patent attorney conducts a preliminary search of the state of the art for the invention,
- If it is decided that the invention has an inventive step as the result of the preliminary search, the patent attorney requests the draft information, documents and drawings in detail from the applicant,
- The patent attorney duly drafts the patent specification describing the invention with the information and illustrations received from the inventor. The patent attorney sends this patent specification to the inventor for reviewing. The inventor shall submit his suggestions on the present disclosure or make the necessary correction/ addition/ subtraction / replacement procedures and submits it to the patent attorney.
- The patent attorney completes the final patent specification in consultation with the inventor.
- Application form is filled in and application fee is paid to Turkish Patent and Trademark Office. 1-Patent specification and 2-payment receipt is attached to the application form and submitted to the office.
- Turkish Patent and Trademark Office issues an official receipt of filing and then sends an official letter informing the applicant if there is a formal deficiency.
FILING SEARCH REQUEST
- The applicant pays official search fees within 12 months of the date of the application and makes a request for search.
- Following the completion of the patent search, the Turkish Patent and Trademark Office will send the search report to the applicant. An exemplary patent search report is given below.
FILING FIRST EXAMINATION REQUEST
- If the search report is positive or it is believed that the negativity can be corrected, first examination request is made and the examination fees are paid.
- Upon completion of the first examination, the Turkish Patent and Trademark Office submits first examination report to the applicant.
- If the first examination report is completely positive, the applicant shall pay the grant fee for the registration certificate and obtain the patent certificate. A sample examination report is given below.
FILING A REQUEST FOR SECOND EXAMINATION
- If the first examination report is negative, a technical response is given by the patent attorney and sent to the Turkish Patent and Trademark Office.
- The Turkish Patent Office submits the second examination report to the applicant.
- If the second examination report is positive, the applicant shall pay the grant fee for the registration certificate and obtain the patent certificate.
FILING A REQUEST FOR THIRD EXAMINATION
- If the second examination report is negative, a response is submitted to the Turkish Patent and Trademark Office.
- The third examination report is the last report. If the third examination report is negative, the present invention cannot obtain a patent document.
An exemplary Patent Document is given below.
B) HOW TO OBTAIN A PATENT - DOCUMENTS
The documents required to be submitted to the Turkish Patent and Trademark Office are as follows.
The description, claims, drawings and abstract of the invention should be submitted to the Turkish Patent and Trademark Office either as an electronic file or as a printed document.
In addition, the receipt of filing fee must be attached to the file at the time of application.
C) HOW TO OBTAIN A PATENT - FEES
Fees in the patent application are listed in 3 categories:
- Filing fee [Paid at the time of filing]
- Search fee [ Search fee shall be paid at any time within 15 months from the date of application together with the search request]
- Examination fee [ The examination fee is paid together with the examination request or within the legal deadline]
Turkish Patent and Trademark Office official fees for 2018
Filing fee: 45 TL
Search fee : 590 TL
Examination Fee: 355 TL
Fee for Patent Registration Certificate: 350 TL
In this artice, we tried to answer the question of "How to obtain a patent" by explaining the following subjects:
- Procedures for obtaining patent,
- Documents in the patent application,
- Official fees to be paid at the patent application, patent search and examination requests