UTILITY MODEL APPLICATIONS

UTILITY MODEL APPLICATIONS

SEARCH AN/D EXAMINATION FOR UTILITY MODELS

Utility model system is defined under Art. 154 to 170 in the Decree Law 551 pertaining to the protection of patent rights in Turkey. Utility Models confer a protection term of 10-years. The Turkish utility model system has a self-declaratory nature so that no search or examination is conducted. A formalities examination is carried out. The Turkish PTO has the competence to reject an application claiming prima facie non-novel subject-matter (Art. 160 DL #551).

The self-declaratory nature of the legal regime is acknowledged by lawmakers in Art. 162 DL #551 explicitly specifying that usefulness of the subject of a utility model is not officially guaranteed. 

Utility model applications are subject to prior art search as of 10/01/2017 under the new Industrial Property Law 6769, subject to provisional provisions.

THIRD-PARTY OBSERVATION SYSTEM FOR UTILITY MODELS

It is to be noted that the third party observation system for utility models under DL #551 in Turkey is a hybrid application of Art. 99 and Art. 115 EPC in the absence of an examination or opposition authority. It has similarities to third party observations filed under Art. 115 EPC because it is a pre-grant procedure. Utility model applications are subject to prior art search as of 10/01/2017 under the new Industrial Property Law 6769, subject to provisional provisions.

A third party can base his observations on conventional grounds similar to those under Art. 100 EPC, with the exception of inventive step requirement, which is not a requirement for obtaining a utility model grant (Art. 154 DL #551). The applicant has the liberty to opt for maintaining the original specification/claim set without making any corrections or amendments in response to any third party observation. In this case, the decision to grant is issued by the Turkish PTO based on the original text of the application. 

CHEMICAL COMPOUNDS OR METHODS IN UTILITY MODELS

Utility model filings cannot cover, in the sense of the subject-matter being claimed, chemical compounds or methods of any sort (Art. 155 DL #551). Standard cases outside the definition of an invention as given in Art. 6 DL #551 (similar to Art. 52(2) EPC) are also to be noted.

Convention priority can be claimed from a utility model application. No fees are levied for excessive number of pages or claims.