A patent application is not a mere official petition for the purpose of obtaining legal protection as result of an inventive activity. In real terms, a patent application serves as protection for all the money, time and labor spent to create an innovation, and can at the same time be regarded as a strategic move that enables the company make maximum financial gains and gain advantage over its competitors. Therefore, a patent application is an issue of strategic importance that requires serious knowledge and experience in order to create and legally protect assets based on intellectual property.
Kordinat performs official representation services related to the acquisition of patent rights in order to enable its customers make efficient use of their innovations to gain competitive advantage. The most fundamental step in the performance of these services is the examination of an innovation by patent representatives with engineering background, who will decide with which intellectual property right the invention is to be protected. The primary criterion in this examination is whether the innovation is a technical innovation, i.e. whether it provides technical advantage, in which case it is decided that it probably can be protected by a patent or utility model. If the innovation does not provide technical advantage, but a visual advantage, the design can be protected by a design application or copyright.
A subject of an innovation (invention) is likely to be protected by patent if it;
is new worldwide as far as is known,
is applicable to industry or can be put into practice,
comprises an inventive step or provides a technical advantage over existing systems.
If a subject of an innovation is just new and applicable to industry, but fails to supersede the state of art, such innovation will be protected by Utility Model. Utility model protection is usually referred to as “minor patent”. Besides, if desired, it is also possible to protect an innovation with a utility model for the purpose of reduced cost and time expenditure, although the invention is actually eligible for a normal patent application.
A preliminary patent research is performed about the subject of invention, before a patent application is filed. But in R&D projects, it is strongly recommended to perform a more comprehensive Technology and Literature Review (tLr) prior to application.
A patent application and registration usually comprises the following steps:
- Preparation of the Patent File and Official Application
- Formal Examination of the Patent File
- International Patent Search
- Patent Publication
- International Patent Examination
- Issuance of Patent Certificate
The above patenting steps take 24 to 36 months on average. The term of patent protection is 20 years. Objections against patents can be filed within 6 months after a patent registration decision is made.
Utility model applications are made for inventions that are new and applicable to industry. In utility models, the innovation does not have to comprise an “inventive step”. Utility model certificates are usually given for minor inventions (innovations) and are published by issuing a research report only. The period for objection after an application is published is 3 months. A certificate is issued if no objection is raised or if it is decided by the Turkish Patent Institute that the objections do not foreclose the issuance of a utility model certificate. This process takes 12 to 18 months on average. Chemical inventions or innovations in production methods are not eligible for utility model protection. The term of utility model protection is 10 years.
Both patent and utility model protection begins on the date of first application. For this reason, the applicants should take into account not the date of registration, except for exceptional cases, but the date of first application to be filed after having prepared a solid patent file according to a good strategy.
Kordinat grounds its patent application activities on strategies that will help its customers make maximum gains and increase their competitiveness. All patent procedures are performed by well-educated and experienced patent representatives with engineering background.