Skip to content

Article 143 - Type examination, demand research, appeal and granting of utility model

Turkish Industrial Property Code (Law No. 6769)
Article 143

Type examination, demand research, appeal and granting of utility model


Article 143

(1) In the event that any of the elements specified in the third paragraph of Article 90 is lacking, utility model application shall not be put in process.
(2) If at least one of the elements specified in the first paragraph of Article 90 is lacking in application that was put in process or if elements are given in a foreign language pursuant to the second paragraph of the same article, these deficiencies are corrected within two months as from the date of the application without the need for notification or Turkish translation shall be supplied. Otherwise, the application shall be deemed to have been withdrawn.
(3) Office carries out formal examination for the application in terms of compliance with the fifth paragraph of Article 90 which has complete elements specified in the first paragraph of Article 90 or it examines the application whose elements are completed in accordance with the second paragraph
(4) If it is understood that the application is not appropriate in terms of formal requirements, the applicant shall be required to correct the deficiency within two months as from the date of notification. In the event that deficiency is not eliminated within that time, the application shall be rejected.
(5) The applicant demands to make search with the application or by paying the application fee and in accordance with the provisions specified in the regulation within two months as from the notification of consistency of the application regarding formal examination or the correction of the deficiencies in due time without the need for any notification. Otherwise, the application shall be deemed to have been withdrawn.
(6) If the applicant demands to make search in accordance with the fifth paragraph or first paragraph of Article 104, a search report is issued; this report shall be sent to applicant and published in the Bulletin.
(7) If it is reached the conclusion that the subject of application enters into the scope of the third paragraph of Article 142 or if preparation of search report is being prevented since description or all claims aren’t sufficiently clear, search report isn’t prepared and applicant is required to submit the objections about this issue or the changes in the application within three months from the date of notification. If any appeal is not made within this time or in the event that changes made are not accepted by the Office, the application is rejected. If any appeal and changes made are accepted by the Office, a search report shall be issued; this report shall be sent to applicant and published in the Bulletin.
(8) The applicant can appeal to the contents of the search report by adding the relevant documents within three months as from the publication of the search report and also third parties can present their opinions.
(9) If the applicant does not appeal or third parties don’t present their opinions, only search reports shall be considered and in case of appeal or presenting opinions, search report, appeals and opinions shall be considered.
(10) If the Office decides to grant utility model as a result of its assessment, this decision shall be notified to applicant, also decision and utility model shall be published in the Bulletin. In cases where the performance of changes is required to grant utility model as a result of assessment made, it shall be required to fulfill the changes within two months from the date of notification. In case of acceptance of amendments made, decision is given to grant utility model and this situation is notified to applicant and this decision and utility model shall be published in the Bulletin. In the event that the amendments aren’t made or amendments made aren’t accepted by the Office, application shall be deemed to have been withdrawn, this decision is notified to applicant and published in the Bulletin. In case that utility model is requested after the publication related to granting of it and document preparation fee is paid, issued document shall be given to the owner of utility model.
(11) After giving the utility model, appeal procedure specified in the Article 99 cannot be operated, but only invalidation decision shall be requested from the court.
(12) If the Office decides as a result of its assessment that the application and invention related to the application don’t comply with provisions of this Act, this application shall be rejected and the decision shall be notified to the applicant and published in the Bulletin. This decision can be appealed according to Article 100.
(13) Granting of the utility model cannot be interpreted as a guarantee given by the Office about validity and the usefulness of utility model and it does not cause to the responsibility for the Office.
(14) Principle and procedures for the implementation of this article shall be determined by a regulation.


Do you need advice?

We will be pleased to assist you and provide the necessary advice in response to your inquiries. Please feel free to contact us!

Contact Us