What is the importance of patent / utility model application? Which inventions can be the subject of patent / utility model application?
What is the importance of patent / utility model application?
In order to compete in the national and international markets in the globalizing world, it has become inevitable for our businesses to constantly renew and develop their products and services. Our businesses will be able to effectively manage intellectual property areas such as patents, utility models, industrial designs, brands, copyrights, and commercialize them in national and international markets to develop unique products, designs and services.
Researches conducted around the world show that the patents and utility model values, which are among the intangible assets of international companies, occupy the most important place among intellectual property rights. Research in the USA shows that the market values of intangible assets constitute 80% for S&P 500 companies and 70% for EU companies and China’s large companies. This is almost the case among the big companies of our country.
For this, our businesses and entrepreneurs should determine the patent policies in order to have a voice in their markets and compete, and update their patent strategies according to the developing and changing market needs.
Which inventions can be the subject of patent / utility model application? What is the difference between Patent and Utility Model?
In short, we can say that it is an invention to all solutions provided to any technical problem. Even a simple innovation can be an invention. Solutions that meet patentability criteria can be protected by patents. In the simplest sense, we can specify the patentability criteria as being novelty, not being obvious to the expert in the art and being applicable to the industry.
Patent Registration Document provides the inventor with a negative right. In other words, not having the product or solution subject to the registered patent produced, or making it available to someone else … Chemical inventions, processes, software and artificial intelligence solutions may be the subject of patent applications.
Software and artificial intelligence solutions are supported by hardware, if they solve a technical problem or provide a measurable benefit, they are subject to patent application.
In Utility Model applications, the requirement of innovation and applicability to industry is considered. The difference with the patent is not required to be obvious to the person skilled in the art.
The utility model for simple improvements and solutions, which has not emerged through an R&D process, is an ideal method of protection.
The Utility Model also provides all the legal requirements provided by the patent.
The patent provides protection for 20 years, the Utility Model provides 10 years of protection.
What are the inventions that cannot get patent registration?
Discoveries, scientific theories, mathematical methods, plans, methods and rules regarding intellectual commercial and gaming activities, literary and artistic works, scientific works, methods and software and treatment methods that do not have technical aspects regarding the compilation, organization, presentation and transmission of information are not considered as inventions. and it is not patentable.
In addition, inventions contrary to public order or general morality, inventions such as plant varieties or animal breeds, and all treatment methods, including biological procedures for the production of plants or animals, diagnostic methods to be applied to the human or animal body, and surgical methods are not patentable.
What are the points to be considered in the patent application?
It is very important not to disclose your invention without filing a patent. Put the solution in your mind about your invention on paper and drawings and state in detail what problem you have solved. Be sure to check if this solution is new to the world.
It is very important to conduct a worldwide patent search in the field related to your invention before the patent application and to know how new your solution is. You can use databases such as espacenet for this.
But before the patent specification is written, it is very important to conduct this research by a specialist patent attorney. Be sure to get this research done by a specialist proxy.
When you make an invention as a worker, if this invention is as a result of the requirement of the company in which you work in or if this invention is within the activity areas of the company, you are obliged to notify this invention to the employer in written form and without delay. Your employer may request right for your invention. In this case, your employer must give you an Incentive award which must not be lower than the net minimum wage.
During the preparation of the patent specification, you should get support from an experienced patent attorney in the field.
Meeting one-on-one with the patent attorney will enable your agent to understand the invention much better. One-to-one meeting with the patent attorney will enable your agent to understand the invention much better. Since the agent’s understanding of the invention will mean that the description will be better prepared and will provide a strong protection, always ask for the preparation of the specific statement with your representative.
When discussing with your patent attorney, state how critical your invention is to you.
You must state at which stage your invention is, that is, the idea stage, the prototype or the production.
Make sure to tell your attorney whether your patent application is intended to prevent others or to prevent others from interfering with you.
Be sure to state whether you want to register your patent application in markets where you compete abroad.
As Uranüs Patent, we will continue to serve with our expert consultants in order to show our precious businesses and entrepreneurs the right way in patent and utility model application and registration processes.
You can call our expert advisors for all your questions about your inventions that you think may be the subject of a patent or utility model application.