FAQs - Utility Models in Turkey

The followings are the subjects which are not deemed as invention and therefore not protectable by utility models in Turkey:

• Discoveries, scientific theories and mathematical methods.
• Plans, rules and methods for mind activities, business activities or games.
• Computer programs.
• Products with aesthetic qualities, literary and artistic works and scientific works.
• Presentation of information.

The followings are the inventions for which utility model protection is not allowed in Turkey:

• Inventions for chemical and biological substances or chemical and biological processes or products obtained from those processes.
• Inventions for pharmaceutical substances or pharmaceutical methods or products obtained from those methods.
• Biotechnological inventions.
• Inventions for methods or products obtained from those methods.
• Inventions which are contrary to public order or morality.
• Essentially biological processes for plant varieties or animal races and plant or animal production, except for microbiological processes or products resulting from such processes.
• All treatment methods, including diagnostic methods and surgical methods, applied to the human or animal body (Swiss-type claims are acceptable).
• Mere discovery of one of the elements of the human body, including the human body and a gene array or partial gene array, at various stages of its formation and development.
• Human cloning, genetic modification of the human germ line, use of the human embryo for industrial or commercial purposes, genetic modifications that may cause animals to suffer without any significant medical benefit to humans or animals, and animals resulting from these procedures.

The followings are required:

• Applicant’s details (name and address)
• Inventor’s details (name and address)
• Description, claims, abstract and drawings, disclosing the invention

Power of Attorney is not required.

The search request can be filed along with the filing of the application. In the case that the request for search is not filed with the filing of the application, it should be filed within 2 months from the official notification confirming that the application is in good order in terms of formal requirements, or within 2 months, in the case of any formal deficiency, from the official notification confirming that the deficiencies in terms of formal requirements are removed.

Within the mentioned due dates, the search fee should be also paid. Otherwise, utility model application is deemed to be withdrawn.

In view of any objections of applicant or observations of third parties or in the absence of the objections of applicant or observations of third parties to search report, the decision process of the Turkish PTO can proceed as follows:

• If the Turkish PTO decides that the invention is novel and industrially applicable, the utility model is granted and the decision to grant utility model is published in the Turkish Patent Bulletin.
• If the Turkish PTO considers that there should be made amendments on the specifications for granting a utility model, it notifies the applicant and ask him/her to make amendments within 2 months from the notification date of the official notification. The following instances are possible after the request for amendments by the Turkish PTO:
  • If the Turkish PTO accepts the amendments made by the applicant, it decides to grant a utility model and publish the decision to grant in the Turkish Patent Bulletin.
  • If the Turkish PTO does not accept the amendments or the applicant does not file any amendments as required by the Turkish PTO, utility model application is deemed to be withdrawn, which is also published in the Turkish Patent Bulletin.

There is no further procedure (for example opposition) at the Turkish PTO after the decision given according to the one of the above-mentioned instances; in other words, the decision is final at the Turkish PTO. The invalidation of the utility model can only be requested by filing court action.

• If the Turkish PTO decides that the application does not meet the requirements of the Law (for example lack of novelty or industrial applicability or any other considerations), it refuses the application and publishes the decision in the Turkish Patent Bulletin. The applicant can file appeal against the decision within 2 months as from the receipt of the refusal decision.

Conversion of a European patent application into Turkish utility model application is only possible under Article 77 (3) (EPC), where a European patent application is not forwarded to the European Patent Office in due time by Turkish Patent and Trademark Office shall be deemed to be withdrawn. In that case, conversion takes place upon request of the applicant.

Excluding that under Article 77 (3) (EPC), it is not possible to convert a European patent application into Turkish utility model application.