KÜHEYLAN HUKUK
Patent and Utility Model: How to Protect the Invention, Application Process and Differences Between Them. Patentability conditions within the scope of the Industrial Property Law No. 6769, utility model option, TÜRKPATENT examination stages, employee inventions and protection against infringement. This guide has been updated as of 2026, based on the Industrial Property Law No. 6769 and TÜRKPATENT application.
The commercial value of an invention depends largely on its ability to prevent others from using it. This power is achieved through a patent or utility model document; However, public disclosure of the invention before application is the most common reason for losing protection. A patent provides twenty years of protection, a utility model provides ten years of protection; In the utility model, no inventive steps are required and the process is faster. This guide explains the patentability conditions, the criteria to be taken into consideration when choosing between a patent and a utility model, the TÜRKPATENT process based on research and examination reports, the twelve-month tolerance period, the right of priority, inventions made by employees, and the remedies to be taken in case of patent infringement.
1. Which Inventions Can Be Protected by Patent?
Inventions in all fields of technology are granted patents, provided that they are new, contain an inventive step and are industrially applicable (SMK article 82/1). Novelty means that the invention has not become accessible to the public anywhere in the world by written, oral, use or any other means before the application date (Art. 83/1-2). Inventive step means that the invention cannot be clearly deduced from the known state of the art according to an expert in the relevant technical field (Article 83/4). An invention that can be produced or used in any branch of industry, including agriculture, is considered applicable to industry (Art. 83/6).
Discoveries, scientific theories, mathematical methods, business methods, computer programs, aesthetic products and the presentation of knowledge are not considered inventions in themselves (Art. 82/2). However, where a computer program is part of a system that solves a technical problem by technical means, it may be this technical solution, not the program itself, that is the subject of protection. Patents are not granted for subjects such as treatment and surgical methods, plant varieties and animal breeds (Art. 82/3).
Patent applications are increasing steadily in Türkiye. According to TURKPATENT data, 11,394 domestic patents and 3,927 domestic utility model applications were made in 2025.
2. Patent or Utility Model?
The utility model protects inventions that are new and industrially applicable; The inventive step requirement is not required (SMK article 142/1). Therefore, it is a suitable tool for product development with limited technical progress but high commercial value. On the other hand, chemical and biological substances, pharmaceutical inventions, biotechnological inventions and methods cannot be protected with a utility model (Art. 142/3).
Protection conditions Novelty, inventive step, industrial applicability Innovation and industrial applicability
Protection period 20 years from application (cannot be extended) 10 years from application (cannot be extended)
Examination Investigation report and merits review Research report; Also no inspection report
Objection after grant Third parties may object within 6 months from publication. There is no way to appeal; only an invalidation case
Conversion Can be converted into utility model application Can be converted into a patent application
The same person cannot be granted both a patent and a utility model for the same invention with the same protection scope (SMK article 145/2). It is possible to convert the patent application into a utility model application or vice versa at the application stage (Art. 104). This possibility prevents the complete loss of protection when negative findings in terms of inventive step appear in the research report.
Exhibiting the invention at a fair, presenting it to investors without a confidentiality agreement, disclosing it in an academic publication or putting it on sale may eliminate innovation. The law softens this risk with a limited tolerance period: If the disclosure is made by the inventor or the third party who obtained information from him within twelve months before the application date, it does not prevent the granting of a patent or utility model (SMK art. 84). However, the party relying on this provision is obliged to prove that the conditions have been met, and many foreign country laws do not allow such a wide tolerance. Therefore, the safest way is to apply before the announcement.
Within twelve months from the first application made in Türkiye or a country party to the Paris Convention, an application can be made for the same invention in other countries by requesting priority rights (Art. 93/1). Patent Cooperation Treaty (PCT) and European Patent Convention methods can also be used for international protection.
Finalization of application and application date Date of submission of request, identification information and description SMK article 90/3
Publication of the application 18 months from the application or priority date (early publication may be requested) SMK article 97/1
Respond to review notifications 3 months from each notification (maximum 3 notifications) SMK article 98/3-4
Objection of third parties 6 months from the publication of the decision to grant the patent SMK article 99/1
Temporary protection is granted to the applicant as of the publication of the application; If the person using the invention without permission has been informed of the application, protection can also be claimed before publication (SMK article 97/4-5). In order to protect the patent, an annual fee must be paid every year, starting from the end of the second year from the application date (Art. 101/2). Failure to pay the annual fee on time will result in the termination of the patent right (Art. 140/1-c).
The scope of protection is determined by the claims; Description and pictures are used in the interpretation of the claims (Art.89/1). Equivalent elements that perform the same function and produce the same result as the element specified in the claims are also considered within the scope of protection (Art. 89/5). Therefore, writing the claims is a technical and legal task that directly determines the commercial value of the patent.
The invention made by the employee during the employment relationship, either as a result of the activity for which he is responsible in the enterprise or based largely on the experience and work of the enterprise, is a service invention; Inventions other than these are free inventions (SMK article 113). The employee is obliged to notify the employer of his or her service invention in writing and without delay (Art. 114). If the employer claims full rights, the rights over the invention pass to the employer and the employee can demand an appropriate price (Art. 115). These provisions cannot be changed by a contract against the employee (Art. 117). An internal policy regulating notification, evaluation and compensation processes in companies conducting R&D significantly reduces disputes that may arise later.
Producing, selling, importing the product subject to the invention, using the patented method, or trading the products directly obtained by this method without the permission of the patent owner is infringement (SMK article 141/1). In procedural patents, the court may ask the defendant to prove that the procedure for obtaining the same product is different (Art. 141/2). Right holder; may assert demands for detection, suspension, seizure and compensation, and request interim measures (Art. 149, Art. 159).
Unlike trademark rights, the SMK does not impose a criminal sanction for infringement of patent and utility model rights; Protection is provided through law. The defendant can claim the invalidity of the patent through a lawsuit (Art. 138) or rely on the previous right of use by proving that he started to use the invention in good faith or made serious preparations before the application date (Art. 87). A compulsory license may be requested against the patent owner who does not use his patent after certain periods of time (Article 130).
A company that produces agricultural machinery in Konya exhibited a new seed planting mechanism it developed at an international agricultural fair in March 2026 and distributed its brochures. No patent application has been filed. In September 2026, the company learned that a rival company had started production with a similar mechanism.
Exhibition at the fair made the invention public. However, since the disclosure was made by the company that made the invention and less than twelve months ago, if the company applies until March 2027, this disclosure does not eliminate the innovation (SMK article 84). Fair participation documents and brochures should be used to prove that both the tolerance period and the initial disclosure belong to the company. The application should be made immediately and if the inventive step is controversial, the utility model option should be evaluated. Notifying the competing company after the application is published ensures that the temporary protection can also be applied to the period before publication (Art. 97/5). If foreign markets are targeted, it should be taken into account that many countries do not have such a tolerance period and the fair declaration may hinder protection in those countries.
Can I patent my software?
Computer programs are not considered inventions on their own (SMK article 82/2-c). However, systems or methods implemented with software and solving a technical problem with technical tools can be protected if they meet the conditions. The source code itself is protected by copyright.
How long does it take to get a patent?
Duration; It varies depending on when the investigation and review request was made, the number of review notifications and whether there are any objections. The research and review phases can take multiple years. Since there is no review report stage in the utility model, the process is shorter.
Does the patent I received in Türkiye also protect me abroad?
No. Patent is national. For foreign protection, an application must be made to the relevant countries through the PCT or the European Patent Office within the priority period.
Can I sell the product after applying for a patent?
Yes. Statements made after the application date is finalized do not affect the innovation. Stating that the application is available on the product is also useful in informing possible imitators.
My competitor bought a utility model for a similar product. What can I do?
Since there is no way to object to the utility model before TÜRKPATENT, a lawsuit for invalidity must be filed in court on the grounds of novelty or entitlement (SMK article 144). If the invention is taken from the product of the party requesting invalidation, the provisions regarding entitlement are also evaluated (Art. 109-111).
Disclosure of the invention before application: Disclosure made through fair, presentation or publication completely eliminates the protection if it falls outside the tolerance period.
Missing the research and review deadlines: Research or review that is not requested on time will result in the application being deemed withdrawn.
Writing claims narrowly or vaguely: The scope of protection is determined by the claims; Weak claims allow competitors to bypass the patent with minor modifications.
Failure to follow annual fees: Failure to pay the annual fee terminates the patent right.
Not registering employee inventions: If notification and claim processes are not implemented, service inventions may become free inventions.
Success in protecting inventions largely depends on the decisions made before the application: keeping the invention confidential, making the right choice between patent and utility model, and framing the claims according to commercial objectives. After the application, research, examination and monitoring of annual fee periods ensure that the right remains valid.
Küheylan Law Firm; It provides legal support to inventors, R&D units and technology companies in coordination with patent attorneys on patent and utility model strategy, confidentiality and R&D agreements, internal regulations regarding employee inventions, and patent infringement, invalidity and compulsory license disputes.
Important Legal Notice: This guide has been prepared by Küheylan Law Firm for general information purposes and does not constitute a legal opinion. Since legislation and judicial precedents may vary, a file-specific legal evaluation must be made before deciding on concrete disputes. Person names and numbers in the case studies are representative.
KÜHEYLAN HUKUK