What Is Utility Model Registration in Turkey? Differences From Patents

A utility model is a type of industrial property right that protects small and medium-scale technical innovations through a simpler and faster process than a patent.

Requirements for Utility Model Protection

Under Article 142 of Industrial Property Law No. 6769 (SMK), for an invention to be protected as a utility model it need only be new and capable of industrial application; unlike a patent, no inventive-step requirement applies. This difference increases the likelihood of a utility model application being registered compared to a patent.

Inventions Excluded From Utility Model Protection

Under Article 142/3 of the SMK, inventions relating to chemical and biological substances or products obtained from such substances, pharmaceutical processes and products obtained from them, and biotechnological inventions cannot benefit from utility model protection; methods and products obtained as a result of such methods are also excluded from this protection.

The Application Process

Unlike a patent, a utility model application is processed under a system based on a search report and is registered without substantive examination; the application process is therefore concluded more quickly than for a patent. Upon a third party's objection, the validity of the registration may also be subject to separate assessment.

Protection Term

Utility model protection is limited to ten years from the filing date, shorter than a patent's twenty-year protection term; this period cannot be extended.

Advantages of Choosing a Utility Model Over a Patent

A utility model application can be registered at lower cost and in a shorter time, making it a preferred choice for technical innovations that need to reach the market quickly. Also, because the inventive-step requirement does not apply, small improvements made during product development can also be protected.

Converting a Utility Model Into a Patent

The applicant may convert their utility model application into a patent while the examination is ongoing or within a specified period; this option matters where it later becomes clear that the invention requires longer and stronger protection.

Practical Recommendations

Assess whether a utility model or a patent application is more suitable based on the nature of your invention; reviewing the balance between the need for rapid protection and the scope and duration of protection together with a specialist is recommended.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.