UTILITY MODELS

To be eligible for protection, a utility model should be:

• novel, and
• have industrial application.
  It should be noted that technical claim features that do not contribute to the invention are not taken into account when evaluating novelty.

The term of protection for a utility model is 10 years, starting from the filing date or the priority date.

The types of inventions which are not patentable can not be protected with a utility model as well. In addition, the following categories of inventions can not be protected with a utility model:

• inventions related to chemical and biological substances or chemical and biological methods or products obtained by these methods,
• inventions related to pharmaceutical substances or pharmaceutical methods or products obtained by these methods,
• biotechnological inventions,
• inventions related to the methods or the products obtained by these methods.

It takes about 18 -24 months to register a utility model application.

Yes. Applicants who do not have their residence or principal place of business in Turkey must be represented by an authorized attorney.

Following documents are required for filing a utility model application:

• complete specification with description, claims, drawings (if any), and abstract;
• request to grant a utility model;
• name and address of the applicant(s);
• payment receipt of the official fee.

Yes, a PCT international application can enter the Turkish national phase as a utility model application.

The applicant may claim priority for any subsequent identical application within twelve months, starting from the date of filing of the earlier application. The priority right can be requested within 2 months from the application date, and the documents regarding this request, a certified copy of the priority document, and its Turkish translations should be submitted to TURKPATENT within 3 months from the application date.

The applicant can file a search request:

• together with the application, or
• within two months following the notification that the application complies with the formal requirements or that the deficiencies are corrected in due time, by paying the prescribed fees.

No, utility models are registered without conducting a substantive examination.

Yes, the applicant can make amendments under the following circumstances:

• if it is concluded by TURKPATENT that the search report can not be conducted due to lack of novelty or industrial applicability, or insufficient disclosure of the description or the claims, then the applicant will be requested to submit objections or amendments in the application within 3 months from the date of notification.
• in case it is necessary to make amendments for the utility model to be issued according to the novelty search report, the applicant should submit amendments within 2 months from the notification date.

If the novelty search is affirmative in the first place or the amendments made are accepted, a utility model will be granted. The decision of grant and the utility model is published in the Bulletin. In case the requested changes are not made or the changes made are not accepted by TURKPATENT, the application will be deemed to be withdrawn; this decision is notified to the applicant and published in the Bulletin.

Yes, it is possible to convert a utility model application into a patent application. The applicant may submit a request for conversion until the end of the 3-months from the date of notification of the search report. In case of such a request, TURKPATENT notifies the applicant to submit the required documents within 1 month from the date of notification and to request a search by paying the search fee. If the requirements are not fulfilled within this period, the conversion request will be deemed to have not been made and the application will continue to be processed as a utility model application.

No, according to article 145 of the IP Code, more than one patent or utility model, or both a patent and a utility model shall not be granted independently of each other on the same invention with the same scope of protection.

Utility model applications can not be opposed; however, any third party may present observations within 3 months from the publication of the search report.
Unlike patent grants, utility model grants can not be opposed before TURKPATENT after registration. Yet, any third party can challenge the validity of a utility model grant before the court after its registration.

The applicant should pay yearly maintenance fees (renewal fees, annuities) to maintain the registration. The annuity fees should be paid in advance each year throughout the protection period, starting from the third year from the date of application.

The payment of annuity fees is due on the anniversary of the filing date.

Yes, there is an additional period of 6 months after the due date to pay the annuity fees with a surcharge.

Yes, if the utility model expires due to failure of the payment of the annual fee within the 6-month grace period, the utility model can still be revalidated from the payment date of a compensatory fee, which should be paid within 2 months of receipt of the notification about the expiration of the utility model. Please note that in the case of revalidation of the utility model, the third party’s rights vested between the expiration and revalidation dates of the utility model shall remain protected.