What is a Patent?
A new product which provides a technical solution to a technical problem and a new method are subjects of the Patent. Inventions are evaluated in accordance with the patentability criterias. Therefore the inventions which are novel, which surpass the State-of-the-Art and which are applicable in industry shall be protected by patents.
What is a Utility Model?
Inventions which are novel and applicable in industry shall be protected by grant of Utility Model Certificate. Also the Utility Model Certificate shall not be granted for processes and products obtained by such processes and for chemical products. More importantly, surpassing the State-of-Art is not required for the utility models. In this context, in addition to the new products, the developments carried out in a production are also within the scope of utility models.
- The Patentability Criterias;
Any invention which is not part of / comprised in the State-of-the-Art shall be deemed to be novel. The State-of-the-Art shall be held to comprise information / data pertaining to the subject matter of the invention, accessible to the public in any part of the world, before the date of filing of the application for patent by disclosure whether in writing, or orally, by use or in any other way.
Surpassing the State-of-the-Art (involving inventive level/step)
An invention shall be deemed to surpass the State-of-the-Art (to involve inventive step) when it is the result of an activity which is not obviously realizable from the State-of-the-Art, by a person skilled in the concerned technical field.
Applicability in Industry
An invention shall be regarded as being applicable in industry where it is susceptible to be produced or used in any given field of industry, including agriculture.
- The Differences Between the Patent and Utility Model;
- Utility model is also an intellectual property right and it is similar to the patent and the holder of a utility model certificate benefits from the same protection conferred to the patent holder.
- Utility models must have the criteria for novelty and industrial applicability but the patents must have novelty, inventive step and industrial applicability criterias. On contrary of patents, surpassing the State-of-Art is not required for the utility models.
- There is only search procedures for the utility model applications but for patent applications there are also examination procedures which must be taken.
- Methods and chemical products can not be the subject of a utility model, they can only be the subject of a patent application.
- Utility models are valid for 10 years but patents are valid for 20 years.
- Utility model applications are published for 3 months and patent applications are published for 6 months after search reports are received with the Official Patent Bulletin.
- Utility model procedures are cheaper and shorter but the patent procedures are longer and more expensive according to the procedures of utility model applications.