⌗ Tool III
Patent, utility model, or another form of protection?
A seven-question authoritative decision tree based on Turkish IP Code 6769 arts. 82-90 (patent) and 142-149 (utility model).
The three core requirements for patent protection
Under Turkish IP Code (SMK) 6769 art. 83, an invention must meet three concurrent requirements to be patentable:
- Novelty: The invention must not exist anywhere in the world, in any language, in any publication or use. A single prior disclosure destroys novelty.
- Inventive step: For a person skilled in the art, the invention must go beyond a routine improvement over existing technology. A creative step is required.
- Industrial applicability: The invention must be capable of being produced or used in any industry, including agriculture.
Inventions outside patent scope
SMK art. 82/2 and 82/3 exclude certain categories from patent protection:
- Discoveries, scientific theories, mathematical methods
- Aesthetic creations (covered by copyright or design protection)
- Computer programs (unless they produce a specific technical effect)
- Presentations of information
- Methods of doing business and mental activity
- Methods of treatment/diagnosis applied to the human/animal body
- Plant/animal varieties produced by biological processes
- Inventions contrary to public order or morality
Utility model — a practical alternative
If your invention has novelty and industrial applicability but the inventive step is weak, a utility model may be more appropriate. The utility model:
- Grants 10 years of protection (non-extendable)
- Has lower application fees
- Has a faster examination process (typically 1-2 years)
- Applies the inventive step requirement more flexibly
Note: Utility models cannot cover methods (processes) or chemical substances; those go through the patent route only.
What this test does not do
This tool runs a decision tree; it does not perform a prior-art search. To verify that your invention is genuinely new, a comprehensive search via Espacenet (epatentsearch.epo.org), Patentscope (patentscope.wipo.int), and the TÜRKPATENT patent database is required. This search is your agent's core task; even if the test concludes "patentable", a pre-filing search is always performed.
⌗ FAQ
Frequently Asked Questions
- Patent: 20 years of protection, three conditions (novelty + inventive step + industrial applicability), examination 2-4 years. Utility model: 10 years of protection, more flexible inventive-step requirement (only 'not obvious' is sufficient — 'highly inventive' is not required), shorter examination, lower fees. Methods and chemical substances cannot be protected by a utility model.
- Under SMK art. 84/3, disclosures made within the last 12 months by the applicant or their successor (conference talk, publication, fair display, etc.) do not destroy novelty. A third-party publication of the same invention does destroy novelty.
- Pure software (algorithms, business methods) is outside patent scope (SMK art. 82/3). However, if your software produces a 'technical effect' — e.g. signal processing, hardware control, a data-compression method — that technical effect may be patented. Copyright automatically protects the software code.
- Patent Cooperation Treaty (PCT) — a single international filing reserving protection in 150+ countries for 30 months. Central examination + international search report at WIPO + national-phase entry per country. The optimal route for exporters and firms expanding to foreign markets.
- Yes — it's recommended. The TÜBİTAK 1507 SME R&D programme supports product/process development; the patent application is the commercial protection of the R&D output. R&D Law 5746 grants tax advantages on R&D personnel wages — see the Incentive Guide for details.