LEGAL ASSESSMENT

Protection of an invention begins with identifying the appropriate right and its scope

Patent and utility model law examines who owns a technical invention, the scope within which it can be protected, when its use by others constitutes infringement, and how the right can be utilized through contracts. Inventors, manufacturers, technology start-ups, R&D companies and employees may need legal support before filing an application, during commercialization or when a dispute arises.

In the initial assessment, the subject of the invention, ownership of the rights, any application and priority information, public disclosure dates and target countries are considered together. A patentability search and whether the product can be placed on the market without infringing the rights of others are separate questions. To prepare for the consultation, it is sufficient to share your existing application file and the relevant dates, and to determine a secure document transfer for technical details that have not yet been disclosed.

SCOPE OF SERVICES

Legal Services in Patents and Utility Models

Review the heading that fits your need. The tasks to be undertaken are determined after assessing the documents and the conditions of the file.

Determining the type of protection

The legal framework for the patent, utility model and contractual confidentiality options is established by reviewing the technical subject of the invention, its stage of development and its intended use.

Public disclosure and prior application dates
Assessment of ownership and target countries

Legal coordination of the application

The relationships among the applicant, the inventor, assignment and participation arrangements are clarified. The performance by an authorized patent attorney of work that requires a description (specification), claims and a technical search is coordinated.

Legal consistency of the application documents
Office notifications and allocation of responsibility

Patent infringement and litigation

The alleged manufacture, use, sale or import is assessed on the basis of the protected claims and technical data. Claims for the determination, prevention and cessation of the infringement and for appropriate compensation are prepared.

Comparison of the product or process with the claims
Defense against an infringement allegation

Invalidation disputes

Prior technical disclosures, the conditions of patentability, the sufficiency of the disclosure and the scope of the application are reviewed. An action or defense concerning the validity of the document is structured together with a technical review.

Earlier patents, publications and records of use
Grounds of objection specific to patents and utility models

Formal notices and declaration of non-infringement

A formal notice (ihtar) from a competitor, a request to stop sales or notifications sent to distributors are reviewed. The reply and the appropriate court action are determined by comparing the commercial activity with the asserted right.

Assessment of the conditions for a negative declaratory action
Procedural relationship with pending lawsuits and injunctions

Employee inventions and remuneration

For inventions developed within an employment relationship, the notification, the employer’s claim of rights and the employee’s right to remuneration are assessed. R&D contracts, job descriptions and contribution records are reviewed together.

Distinction between service inventions and free inventions
Claim of rights, incentive and remuneration provisions

License and assignment agreements

The field of use of the invention, territory, term, fee, sublicensing, improvements and authority to act against infringement are addressed. The form of assignment and the requirements for registration in the register are checked separately.

Exclusive or non-exclusive license
Termination of the contract and continuing use

R&D and joint development

Existing rights brought into the cooperation are separated from inventions created during the project. The responsibilities of the project participants regarding applications, sharing, use and confidentiality are set out in the contract.

Conditions of university and publicly supported projects
Invention disclosure and pre-publication approval procedure

Preservation of evidence and interim relief

The preservation of product samples, production records and sales documents is planned. The effect of delay, the grounds of the infringement allegation and the need for security are reviewed to assess a request for an injunction.

Lawful acquisition of evidence
Expert examination and objection to the report

Foreign applications and rights

Protection for Türkiye, foreign patent portfolios and license relationships are considered together. Procedures abroad require coordination with an authorized representative or legal professional in the relevant country.

Legal follow-up of PCT and European patent procedures
Review of country coverage, translation and authorization

BEFORE YOU DECIDE

Legal distinctions that affect the decision in patents and utility models

What matters is not only the name of the document but which invention it protects and within what limits. The distinctions below require the application, the contract and the litigation strategy to be assessed together.

Patents and utility models are not subject to the same requirements

A patent requires novelty, an inventive step and industrial applicability. A utility model does not require an inventive step; novelty and industrial applicability are required. Inventions relating to processes and to the products obtained as a result of them, and the statutory exceptions concerning chemical, biological, pharmaceutical and biotechnological subjects, are examined separately for utility models. Protection, which runs from the application date, lasts 20 years for a patent and 10 years for a utility model; the term cannot be extended, and annual fee obligations are monitored separately.

The effect of pre-filing publicity should be investigated

A trade fair, catalog, sale, presentation or internet post can affect the assessment of novelty. Article 84 of Law No. 6769 on Industrial Property (SMK) provides an exception for certain disclosures made within 12 months before the application date or, if there is one, the priority date; the person making the disclosure, the source of the information and the conditions of proof matter. This provision does not mean that every disclosure is harmless or that the same possibility exists in every country. If a disclosure has been made, its date and scope must be documented.

Protection is not determined by the name of the product

The scope of a patent is determined through the claims, which define the limits of technical protection, together with the description, the drawings and the interpretation principles in the law. A mere similarity in the appearance of products does not show patent infringement. The elements in the claims and, where necessary, equivalent elements must be examined. The patentability of an invention also does not grant permission to manufacture regardless of the earlier rights of third parties.

The inventor and the right holder may be different persons

For employee inventions, the nature of the work, a properly made notification and the employer’s claim of rights are decisive. The employer must notify its full or partial claim of rights in writing within four months from the day the notification reaches it. The transfer of rights upon a full claim and the employee’s right to reasonable remuneration are assessed together. Inventions arising from university and publicly supported projects are subject to special provisions; a general employment contract clause does not resolve all the issues on its own.

Registration does not provide protection in every country

A patent right in Türkiye is territorial. A PCT application on its own is not a patent granted worldwide. The effectiveness of a European patent in Türkiye also depends on the applicable national procedures being completed. Export, production and license objectives should be planned country by country; procedural time limits in foreign files must not be confused with the handling of litigation in Türkiye.

OUR APPROACH

Our approach in patent disputes

As Güneş & Güneş Law Firm, we do not assess a file solely on the basis of the registration certificate. We review together the validity of the right, the scope of the claims, the alleged act and the contracts between the parties. When a technical report is needed, we define the legal question clearly and take care that the relationship among the data used, the comparison method and the conclusion of the report can be verified.

Before an application, we focus on the risks of disclosure and ownership of the invention; in a dispute, on the preservation of evidence, defense options and the scope of the protection to be requested. The choice of a formal notice, an injunction or a lawsuit is made together with the characteristics of the commercial activity. The other party’s validity objections and alternative technical explanations are also part of the preparation.

Identifying the invention and the dispute
The application number, the parties, the product or process and the legal support expected are clarified. If there is an upcoming notification, publication or trade fair date, it is assessed first.
Reviewing the right and its technical scope
The register, the claims, prior disclosures and contracts are assessed together. Whether a review by a technical expert or a patent attorney is needed is determined.
Choosing the course of action and the scope of work
Negotiation, contract, Office procedure, lawsuit or defense options are compared in terms of cost, evidence and time. Subject-matter and territorial jurisdiction and any preliminary application requirements are checked.
Application, negotiation or lawsuit
After acceptance of the matter and the necessary authorization, the tasks undertaken are carried out. Technical opinions, petitions and requests are prepared to fit the same specific dispute.
Follow-up of the decision and its implementation
Developments and the decisions required are communicated to the client. Legal remedies, the implementation of the decision and subsequent register or contract procedures are assessed within the scope undertaken.

PREPARING FOR THE FIRST CONSULTATION

Preparing for a Consultation on Patents and Utility Models

A short summary of the matter is sufficient in the first inquiry. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

Application or document number, register entry and Office notifications, if any
Description, claims, drawings and existing search/examination reports
A short chronology showing the dates the invention was developed and disclosed
If there is a dispute, formal notices, petitions, decisions and service documents

What may be requested depending on the file

Employment contract, invention notification and the employer’s claim of rights
License, assignment, R&D, joint development and confidentiality agreements
Product sample, technical drawing, test record, catalog and sales documents
Foreign application, priority, translation and authorization documents

Confidentiality of your information

The information and documents you share are used, within the framework of attorney professional secrecy and the principles of personal data protection, solely for the purpose of legal assessment and carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our firm will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Patent and Utility Model Services Based in Antalya and Across Türkiye

Founded in Kemer on March 18, 1999 and based in Antalya since 2007, our firm handles disputes concerning ownership of rights, contracts and industrial property for inventors, employees, employers and technology businesses across Türkiye. When technical description, claims and search work is required, it is coordinated with registered patent attorneys and technical experts.

In foreign applications and license relationships, the countries in which protection is requested, the priority dates and the rights of the parties are reviewed separately. Representation required in a foreign country is carried out by locally authorized experts and legal professionals. Communication with our firm is possible in Turkish, English, German and Russian.

Attorney and patent attorney services

Legal advisory services and representation in court are separate from the technical application and patent attorney procedures before TÜRKPATENT. The technical work required, coordination with a registered patent attorney and the responsibility of the person who will undertake each procedure at every stage are determined at the outset.

Scope of fees and expenses

The scope and fee of the legal services are agreed separately. Office fees, patent attorney and technical expert services, translation, notary and litigation costs are not treated as the same fee item. The scope of additional work is clarified in advance.

Transfer of Confidential Technical Documents

For descriptions, drawings and test results of inventions that have not yet been disclosed, the scope of sharing is determined in advance. Technical documents are transferred through the secure method that our firm will specify, taking into account possible disclosure and filing dates.

FREQUENTLY ASKED QUESTIONS

Questions About Patents and Utility Models

The answers are for general information. The route and conditions applicable to your request are assessed on the basis of the specific information and documents.

Can a patent be obtained for a business idea alone?

A mere business idea or commercial method is not sufficient for the grant of a patent. There must be a protectable technical invention and the statutory conditions must be met. For ideas still at the development stage, confidentiality and contractual arrangements can be reviewed separately.

Does the registration of my trademark also protect my invention?

No. A trademark relates to a sign that serves to distinguish goods or services. Protection of a technical solution by a patent or utility model and of appearance through a design are assessed separately. Different rights can exist together on the same product.

Can a product containing software be the subject of a patent?

A computer program as such is not regarded as an invention. However, a patentability review can be carried out for a computer-implemented invention that solves a technical problem. Rights in the source code and software contracts are addressed separately.

Can action be taken against infringement before the application has been concluded?

The publication of the application, the other party being made aware of the application and its scope, and the other conditions in the law are important. The possibility of bringing an action at the application stage is not the same as the stage at which the court can decide on the merits; this is assessed on the specific file.

I received a formal notice of patent infringement from my competitor; what should I prepare first?

Preserve the entire notice, the details of its service, the patent number cited and the technical documents of your product. The dates of production and first use are also important. Before giving a reply that admits infringement or contains a broad undertaking, the validity and scope of the document should be reviewed.

Can a person who used the product before the patent application be protected?

The law contains a special provision on prior use in good faith. Use in Türkiye or serious and genuine preparations, the relevant dates and the limits of the use are reviewed. Merely having thought of it earlier does not by itself give rise to this possibility.

Can the company holding a license bring an action against infringement itself?

The type of license, the provisions of the contract and the notification conditions in the law are decisive. An exclusive and a non-exclusive license do not have the same consequences. When preparing an action or an urgent injunction, the relations with the right holder and the authorization are checked together.

Can we complete the assignment of a patent by e-mail correspondence?

The validity of an assignment agreement depends on a notary-certified form. Registration in the register and the ability to assert the assignment against third parties are assessed separately. A preliminary understanding, payment of the price or handover of the file does not by itself mean that all assignment requirements have been fulfilled.

Is a photograph alone sufficient in a patent lawsuit?

The scope of technical protection often cannot be understood from a photograph. A product sample, the manner of operation, drawings, information on the process and an appropriate technical review may be needed. The necessary evidence must be obtained lawfully; unauthorized access to information containing trade secrets is not a method.

Can a definite completion time be given for an application or lawsuit?

The time varies according to the technical examination, objections, the expert report, the other party’s actions and legal remedies. In the first consultation, the foreseeable stages and the time limits to be followed can be explained; no definite date is promised for the grant of the document or the conclusion of the lawsuit.

RELATED SERVICES AND LEGAL BASIS

Access Information Related to Your Subject

Technology, Data, Intellectual Property and Media

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. The review of sources does not replace a legal opinion specific to an individual.

NEXT STEP

Let’s Assess Your Matter Together

Share your request, a short summary of the matter and, if there is one, any upcoming procedure date. In the first consultation, which documents will be reviewed and which legal routes will be considered are clarified.

Subject of inquiry: Patent and Utility Model Law

Request a Consultation for Your Invention Request an Appointment

First response: within 48 hours at the latest. This period is not the time for completing the legal review or concluding the matter.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that the follow-up of the file and its time limits has been undertaken. The consultation fee is communicated in advance.

Patent and Utility Model Law