As our esteemed readers will recall, in our previous article, we discussed the role of inventions in entrepreneurship. This week, we believe it is important to elaborate on the process of securing the legal protection of inventions, which was briefly touched upon in our previous discussion. To briefly address the significance of patents in the context of an invention, the legal recognition and registration of an invention can be achieved through the patent system. A patent is a document and legal instrument that grants the owner of an invention the right to use, produce, and sell the invention for a specific period. Having mentioned this, it is essential to further explore the concept of patents.

How We Define a Patent in a Legal Perspective?

A patent is a legal document that grants the inventor the exclusive right to use, sell, or manufacture their invention for a period of 20 years in accordance with Article 101 of the Industrial Property Law No. 6769 (“SMK”). This document confers exclusive rights upon the owner, thereby preventing unauthorized use by third parties. Before discussing the legal significance of patents, it is important to emphasize that not every invention is patentable. According to Article 82/1 of the SMK, the conditions for granting a patent are regulated as follows: “Patents shall be granted for inventions in all fields of technology, provided that they are new, involve an inventive step, and are capable of industrial application.” Based on this provision, inventions eligible for patent protection must meet the following criteria: i) novelty, ii) inventive step, and iii) industrial applicability. As is evident from the text of the article, not every invention is eligible for patent protection. In order for an invention to benefit from patent protection, it must meet the conditions briefly listed above.

It is evident that not every invention can benefit from patent protection. As can be observed, patents are highly significant legal rights, and the importance of patents from a legal perspective can be categorized under three main headings:

  1. Protection and Incentive: Patents safeguard the intellectual property of inventors and prevent unauthorized use. This legal protection encourages entrepreneurs and companies to engage in further research and development.
  2. Exclusivity and Competitive Advantage: Patents grant their holders the exclusive right to use their inventions for a specified period. This exclusivity provides companies with a significant competitive advantage, helping them secure a unique position in the market.
  3. Attracting Investment: Patents, being legally protected, are considered reliable investment instruments by investors. A patented invention attracts investor interest, facilitating easier access to financing for entrepreneurs.

It would be appropriate to provide a brief overview of the Protection and Incentive section. To qualify for patent protection, an invention must meet the criteria of novelty, industrial applicability, and inventive step. For inventions that fulfil these criteria, a patent application must be submitted to the relevant patent office in the respective country; in the case of Turkey, the application must be made to the Turkish Patent and Trademark Office. The regulations governing applications in Turkey are primarily set out in Articles 90 to 94 of the SMK. In general, the application process begins with the preparation of a patent application dossier, which includes a detailed description of the invention, drawings, and claims. Once the dossier is submitted to the patent office, the examination process commences. During this process, the patent office assesses the compliance of the application with the requisite criteria and may request additional information or corrections if deemed necessary. If the application is approved, the invention is granted patent protection for a specified period, during which the inventor holds exclusive rights to use, produce, and sell the invention.

In conclusion, it is essential to understand the critical importance of patent protection for entrepreneurs, particularly in highlighting how employee inventions, derived from such patents, are vital for entrepreneurial employers. Taking the right steps to emphasize this is crucial.

In the next part of our article series, we will address Due Diligence, another topic of interest for entrepreneurs.

For further inquiries, please feel free to contact Gemicioglu Law Firm.

Gemicioglu Law Firm