A patent application provides protection for the inventor for 20 years.
The country of office from which the patent examination report is to be prepared shall be selected.
Examination offices are:
- Austria
- Russia
- Sweden
- Denmark
Turkish Patent and Trademark Authority (former name: Turkish Patent Institute). In addition to this, the language of the inspection report shall be determined at this stage.
The publication of the application will take place 18 months after the date of application if there is no early publication request. If there is an early publication request, the application will be published on the 21st of the following month.
Publication and Appeal
The application and examination report will be published together. Third parties have the right to appeal within 6 months after the examination report has been published.
The objection may include matters concerning the absence of patentability provisions, including cases where the invention is not new, the state of the art is not exceeded, and the state of the art is not sufficient. Applicants may express their opinions for the appeal within 3 months. If they do not express their opinions, the patent examination report shall be prepared by taking the objection into consideration.
The examination report is the final step in determining whether the invention is patentable. In the examination report, the invention is examined in terms of patentability criteria.
In the examination report, considering the relevant documents, whether or not the invention meets the criteria for patentability and the reasons for the decision are reported together.
If the examination report is positive, i.e. if all the claims meet the patentability requirements and there are no inadequacies, the "document decision" letter will be given.
If there are any negative aspects in the examination report, i.e. if the claims do not partially or completely satisfy the requirements of patentability or contain any inadequacies, "examination report is negative" will be sent to the applicant. Remedies or comments must be made within 6 months.
- Within 6 months of the publication of the examination report, the applicant may request a second examination report.
- In the request for examination, justified opinions can be put forward to remove the negativity in the first examination report and if necessary, amendment can be made. If a change is made in the definition, the change will be published in the Bulletin.
- When a patent examination report is issued, the opinions put forward by the applicant and the changes in the application are examined. "Document decision" is issued if it is decided at the end of the examination that the problems in the first examination are eliminated.
If it is decided that the negativities in the first examination continue, "examination report is negative" is sent. Again there is a 3 month objection period against the negativity, or the right to request a third examination report which must be requested within 3 months. This time the applicant is entitled to change the examination report office.
Since this examination is the stage in which the final decision is made, a "document decision letter" shall be sent stating that the certificate will be issued on positive terms, if the claims are positive (in some respects).
If it is decided that the negativities in the second examination are not overcome in the result of the examination, the "application rejection" letter will be announced along with the bases.