Ata Patent Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent Inc. has assembled an experienced group of Turkish utility model lawyers to help clients obtain, protect and enforce intellectual property rights including utility models in Turkey. Our utility model lawyers provide a broad range of patent services including; application, registration, protection such as litigation, appeal, opposition, cancellation, assignment, monitoring, search, and licensing.
Turkish Utility Model Law Services
While Ata Patent Inc.‘s client representation ranges from single inventors to large companies, our goal for each client is always the same: to guide our client through the maze of regulations and procedures involved in obtaining a utility model so as to secure an utility model commensurate with the goals and business strategy of the client. In this regard, our attorneys assist clients to develop intellectual property portfolios that serve specific business objectives so as to yield clear strategic returns. In many cases, this means seeking the broadest claims to which an invention is entitled so as to foreclose competitors from market share. In other cases, this may involve the filing of defensive utility models to ensure that a client can operate in a space uninhibited by their competitors. As corporate initiatives are increasingly driven by intellectual property, the quality of utility model prosecution advice rendered to a client can have enormous financial consequences.
We also work with our clients to ensure they and their employees, inventors, engineers understand the patent process and follow policies and guidelines that protect against inadvertent loss of rights in an invention. In this regard, we routinely conduct industry and in-house seminars on the process, including procedures on documenting conception of an invention, limitations on public written disclosures of the invention (such as in marketing materials or research papers), use of diligence in pursing an invention, and the disclosure requirements necessary to ensure that any issued utility model is as defensible as possible.
One critical component to developing a utility model portfolio with the greatest possible value to a particular client is to monitor the direction of research and types of utility models that are being filed. All too often, companies expend resources pursuing non-core technology that does not fit into any identified strategy of the company.
In another regard, we assist our clients in assessing possible commercial return on investment in the inventions for which patents are sought. Owners of intellectual property rights must insure that they do not fall into the trend of expending a significant amount of resources that only yield incremental increase in the owner’s utility model portfolio.
The firm provides utility model law prosecution and counseling services in a wide range of technical and business areas, in almost every industry, and in both the retail and commercial markets, including consumer products, pharmaceuticals, life sciences and medical technology, manufacturing, financial services, computers, and telecommunications.
Differences between A Patent and Utility Model
No inventive step is sought for the utility models. In addition, no utility model protection is possible for the methods, the products resulted from such methods and chemical substances.
Novelty: Novelty should be absolute. In other words, the invention should not be explicitly expressed in written form or in any other means or used in the manner to be accessed by the people in all around the world.
Inventive Step: The invention should not be obvious to a person skilled in the field of the invention.
Industrial applicability: the invention should have the ability of practical application rather than theory.
Issuance of utility model certificate is in favour of the applicant in terms of cost and short process time and it is much easier due to the fact that no examination and search procedures are applied.
The utility model is less costly compared with the patent and it is certified in a much shorter time.
In the patent applications to be filed to the Turkish Patent Institute, the description which explains the invention is required, not the product which is the subject of the invention.
Turkish Patent/Utility Model Services
- Preparation and filing of provisional and non-provisional patent applications
- Comprehensive patent prosecution services in Turkish for utility and design patents
- Prosecution of international patent applications under the PCT
- Coordination of patent prosecution in foreign countries and regions
- Counseling on “shop rights”
- Prosecuting interference contests to resolve priority in invention
- Patent appeals to the Turkish Patent Institute
- Filing and opposing reissue and reexamination applications
- Rendering legal opinions on the strengths and weaknesses of patents
- Rendering legal opinions on patentability, validity, enforceability, and infringement
- Patent infringement litigation in Turkish courts
- Patent appeals before the Turkish Supreme Court
- Patent portfolio audits, counseling, and management
Utility Model Renewal Fees
Turkish utility model applications are subject to renewal fees from the second and each subsequent year calculated from the filing date of the application. A renewal fee is due on the same day of the month containing the anniversary of the date of filing of the utility model application. If the applicant fails to do so, such renewal may still be paid within an additional term of six months with surcharge.
Failure to pay the renewal fees within the additional 6 months results in loss of rights which can only be remedied with a request for re-establishment of rights. TPO strictly applies the “all due care” criterion such that the reason for failure was caused by unforeseeable reasons and applicant has duly spent every effort for not to cause any loss of rights.
How to Convert a Patent Application to a Utility Model?
Patent applications can be converted into a utility model application provided that the applicant files a timely request at one of the points of the procedure;
- within the six month term after publication of the search report, if the applicant chose to obtain an unexamined patent,
- within the 3 months term of reply third party observations that are filed within the 6 months term after publication of the search report, if the applicant chose to obtain an examined patent.
Once the applicant misses the terms mentioned above, there is no more the opportunity to make this conversion in subsequent stages. Conversion would be particularly preferred if the search report of the patent application cites documents in category “Y” relevant for inventive step. This means a novel subject matter may still be protected because an inventive step is not sought for Utility Models.
Reach our Turkish Utility Model Lawyers
Since its foundation in 1996, Ata Patent Turkish IP Law Firm, has been the choice of numerous clients throughout the World. Thanks to its nationally recognized design patent law practice, our ip firm is now one of the leading intellectual property law firms in Istanbul, Turkey. For a free consultation you may reach our Turkish utility model lawyers by sending an e-mail or through our Contact page.