What Is Patent Registration and How Is It Done? Step-by-Step Guide

What is a patent?

A patent is an exclusive right granted for a limited period to the owner of an invention that offers a new solution to a technical problem. A patent granted under Industrial Property Law No. 6769 makes it possible to prevent others from manufacturing, selling or using the invention without permission. In return, the invention is disclosed to the public upon publication of the application.

The patent protection period is 20 years from the filing date. Unlike a utility model, a patent can cover both products and production methods (processes). This difference is decisive when choosing the right type of protection; for details, see our article on patent or utility model.

Which inventions can be protected by a patent?

For an invention to obtain a patent, it must meet three basic criteria together:

• Novelty: Before the filing date, the invention must not be part of the technical knowledge that has been made available to the public anywhere in the world, whether in writing, orally, over the internet or in any other way.
• Inventive step: For a person skilled in the field, arriving at the invention by looking at the state of the art must not be obvious. In other words, the invention must involve more than an ordinary combination of known things.
• Industrial applicability: The invention must be capable of being made or used in any branch of industry, including agriculture.

The legislation also lists subject matter excluded from patent protection. For example, discoveries, scientific theories, mathematical methods, purely aesthetic creations and computer programs as such may fall outside patent protection. Whether an idea falls within these exclusions must be assessed according to the specific case; for this reason, it is advisable to obtain a specialist's opinion before filing.

How is a patent registered?

The application process begins with documenting the invention and conducting a search, and continues with the drafting and examination stages. The general flow is as follows:

1. Defining the invention and keeping it confidential: What the technical solution is and how it solves which problem is put in writing. The invention must not be disclosed to the public until the application is filed.
2. Prior art search: Similar patents and publications are searched to assess in advance whether the invention is new and original.
3. Preparing the application file: The title, abstract, description and claims (the section that defines the scope of protection) of the invention and, if necessary, the drawings are prepared.
4. Filing the application: The file is submitted to the Turkish Patent and Trademark Office (TÜRKPATENT) and the relevant fees are paid. The filing date is the reference point for all later assessments.
5. Formal examination: The Office checks whether the documents and information are complete; if anything is missing, completion is requested.
6. Search and examination: The invention is assessed against the criteria of novelty, inventive step and industrial applicability. The Office may issue an opinion or a report, and the applicant may need to respond or amend the claims.
7. Publication: The application is generally published to the public about 18 months after the filing date.
8. Decision and registration: If the outcome is positive, the patent is granted. For the patent to remain in force, the annual fees set out in the legislation must be paid on time.

Why are the claims so important?

Patent protection is limited by what is written in the claims rather than by the invention itself. A claim drafted too narrowly allows a competitor to design around the patent with a small change. A claim drafted too broadly, on the other hand, may be refused because it conflicts with the prior art. Drafting the claims with the right technical and legal balance is one of the most critical tasks in the patent process, and it generally requires working with an experienced patent attorney.

Who can file a patent application?

The application can be filed by the individual who made the invention, or by a company, university or research organization that has taken over the right to the invention. The situations most commonly encountered in practice are as follows:

• Individual inventors: People who develop the invention with their own resources and file the application in their own name.
• Companies and SMEs: Businesses that protect, in the company's name, solutions that emerge from their R&D work.
• University and research teams: Those who turn inventions arising from academic projects into applications through the relevant units of their institution.

For inventions made by an employee within the scope of the employment relationship, the sharing of rights between the employer and the employee is determined according to the legislation and the contract between the parties. Because this issue can create disputes if it is left too late, it should be clarified before filing. The name of everyone who contributed to the invention must be listed correctly as an inventor in the application.

What does the cost of a patent depend on?

The cost of a patent is not a fixed figure. The main items affecting the total budget are as follows:

• Official filing, examination and registration fees (current amounts should be confirmed with TÜRKPATENT),
• The work of preparing the description, claims and drawings, depending on the complexity of the invention,
• Additional steps in the examination process, such as responding to Office correspondence and amending the claims,
• Annual fees that must be paid for as long as the patent remains in force,
• PCT or country-by-country filing costs if protection abroad is wanted.

For this reason, the budget should be planned not as a one-time expense but as an investment spread over the years. For an invention whose commercial value is uncertain, it also makes sense to consider less costly alternatives.

How long does a patent application take?

The patent process is considerably longer than the trademark process. The publication stage takes place about 18 months after filing, and the examination process runs in parallel with it or after it. The total time varies according to the technical field of the invention, the Office's workload and the exchange of opinions and oppositions; for this reason, it would not be right to give an exact number of days. Planning should be done with this long time horizon in mind.

Common mistakes when filing a patent application

• Disclosing the invention in advance: Showing it at a trade fair, sharing it on social media or describing it to a potential buyer without a confidentiality agreement can destroy novelty.
• Applying without a search: If a similar solution has already been published, the effort and the fees may be wasted.
• Writing the description incompletely: It is generally not possible to add new technical information to the application afterwards; the initial file must be complete.
• Not monitoring annual fees and deadlines: Unpaid annual fees may cause the right to lapse.
• Delaying the plan for protection abroad: Under the Paris Convention, the priority period for patents is 12 months. If you are considering protection abroad, you must not miss this period.

Note: Filing a patent application does not mean that a patent will be granted. The final decision depends on the Office's examination, and no attorney can guarantee the outcome. Preparation before filing only strengthens the likelihood of a positive result.

How is international patent protection obtained?

A patent right is territorial; a patent obtained in Türkiye is not valid abroad. If protection in more than one country is wanted, the priority right under the Paris Convention or the PCT (Patent Cooperation Treaty) route can be used. With the PCT, a single international application is filed; entry into the national or regional phase generally takes place at around the 30th month after the priority date. This period and the conditions differ by country.

A patent or another type of protection?

Not every technical idea may be suitable for a patent. If only the appearance of the product is new, an industrial design can be considered; if only a name and logo are involved, a trademark; and if faster and more economical protection is needed, a utility model. This choice must be made before filing, based on the technical features of the invention, its commercial objective and the budget. We have gathered the points to watch for before filing in our article on what you need to know before filing a patent application.

Conclusion

A patent provides strong 20-year protection for inventions that meet the criteria of novelty, inventive step and industrial applicability. However, the process is long, technical and prone to error. Having a preliminary assessment done before you disclose your invention is the safest route. If you would like to request a free preliminary consultation for your invention, you can use our quote form, and you can review our patent registration service.