Utility Models

Filing

Legal basis: in the absence of specifically defined terms in the legislation in respect of utility models, the provisions pertaining to patents shall apply, provided they are compatible with the subject of utility models. 

Notion of the invention: is considered to have been met if an invention is novel and has industrial applicability.

Novelty: is considered to subsist in an invention if the very information is not available to the public anywhere in the world. A disclosure may affect the registrability of a utility model if it is made prior to the filing of a utility model application in Turkey or the date of priority (if any) and comprises disclosure in respect of the initially filed context of a Turkish patent and/or utility model application with an earlier date of filing but published either later or the very day of filing of the application concerned. A disclosure non-affecting the registrability of a utility model is a disclosure made during a twelve-month term preceding the filing of a utility model application in Turkey or the date of priority (if any), and which is made either by the applicant or his predecessors.

Exceptions to protection: in addition to the “exceptions to patent protection“, utility model protection cannot be obtained for processes, products obtained by such processes, chemical or biological products, pharmaceutical products, and biotechnological inventions.

Filing requirements for an application: same as for “patents.

Examination Procedure

Examination: by the Turkish Patent and Trademark Office as to form. State of the art search is required to be performed whereas no substantive examination is required to be carried out. A search needs to be requested and the search fee paid, within two months from the date of notification of the official filing receipt if all formal requirements are fulfilled. It is also possible to file a search request upon filing of the application. 

Publication: entire specification as filed is available on expiration of eighteen months from the filing date, or where priority is claimed, from the earliest priority date.

Opposition to application filed: possible, in the form of observation of third parties within three months following publication of the search report with regard to the content of the search report.

Disputes about the applicant’s right to request a utility model certificate: may be settled only before a civil court. 

Transformation of a utility model application into a patent application: possible.

Registration

Beginning of protection: from the date of filing. 

Duration – extension: ten years as of filing date. This term shall not be extended.

Publication: registration particulars and an abstract. 

Opposition as to formal deficiencies after registration: possible.

Certificates of addition: not possible.

Modification of Protection after Registration

Invalidation: a utility model certificate may be invalidated upon the decision of a competent court if (a) the subject matter is found to be not registrable, not novel, or not industrially applicable; (b) the utility model does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art; (c) it is proved that the subject matter of the certificate exceeds the scope of the application as filed or, the subject matter of the utility model exceeds the scope of the application filed initially, in the case where the certificate is based on a divisional application filed or on another application filed subsequent to the usurpation of the right to a utility model; or (d) it is proved that the applicant is not entitled to the right to request the utility model certificate. 

Partial invalidation of a utility model certificate is possible.

Conversion of a utility model into a patent: not possible after acceptance. 

Registration of the subject matter of a utility model as an industrial design: not provided for.

Concurrently obtaining a Utility Model Certificate and a Letters Patent for the same invention: not possible, provided that the owners (or successors in title) are same and the scopes of protection are identical.