Types of Patents in Turkish Law | Attorney Ozan Soylu

In Turkish law, a patent is a document issued by the state to the owner of an invention, provided that certain conditions are met, which is fundamentally based on intellectual activity. In its most general sense, a patent can be defined as a document showing the absolute right recognized over an invention. As a result of an administrative process, a patent grants its owner an exclusive monopoly right for a certain period and scope.

The concept of patent has expanded over time to encompass not only the certificate obtained through registration but also patent rights themselves. The patent concept that expresses the document given to the inventor who meets the necessary conditions has a narrower scope but serves as the foundation of intellectual property protection in the industrial realm.

 

Classification of Patents According to Claim Type

Patent applications consist of claims where the patented invention is disclosed. Therefore, the concept of “classification of patent subject matter” refers to the classification of claim types. Patents have evolved from simple statements of a few sentences at the beginning to more complex structures as inventions have become increasingly sophisticated.

Product Patents

Product patents protect a specific result or outcome. A product is a tangible object that exhibits functional integrity and differs from its counterparts through its features, structure, quality, or form. Product claims may relate to substances or mixtures of substances.

What is protected by a product claim is an outcome. This outcome can be expressed through its compounds, external appearance, and physical values, as well as through the process that produces it. In product patents, whether the product is explained by its features or by the process that produces it, what is always protected is the product itself. In the second case, where the product is described by the process (product by process), it can be said that the process will not be within the scope of patent protection because in a product patent, the desired result is protected, but the purpose is not.

In product claims defined by process, the process is included in the claim to demonstrate how the product is obtained but does not benefit from patent protection. This method, particularly used in claims for pharmaceutical products, can be formulated as “substance y obtained by process x.”

Process Patents

In process patents, the subject matter of the claim consists of a method. Here, what benefits from patent protection is the process aimed at achieving the purpose. The subject of protection is not the product itself but the path and method used in its production.

The essential element in process patents is the applications that produce a product or result. In process patents, there must be a causal relationship between the method and the resulting product or outcome.

Process patents can also be subject to various classifications within themselves. The general distinction can be made as “production processes” and “processes not related to production.” With production processes, a new product is obtained by applying the method that is the subject of the invention to a substance. However, in processes not related to production (such as working methods), a different product is not obtained; only a desired state is achieved.

The process may relate to a product that can be patented, or it may be used for a purpose that cannot be patented. Here, the invention relates to the process and is not concerned with the result.

 

Classification of Patents According to Subject Matter

Pharmaceutical Patents

Pharmaceutical patents have been a continuously debated topic in patent law due to their connection with global economy and public health. Until the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states could choose whether to regulate pharmaceutical patents in their national legislation. However, with TRIPS, it became internationally mandatory for member countries to provide patent protection for drugs that meet patentability requirements.

Since the global effects of pharmaceutical patents have manifested as public health problems for underdeveloped countries, discussions have begun on limiting the protection provided by TRIPS. Although the parties appeared to reach an agreement at the Hong Kong Conference, the adequacy of the provisions brought in terms of public health is still being questioned. According to the amendment, an underdeveloped country that can obtain compulsory licenses for patented drugs in emergencies concerning public health can request the importation of that drug to its own country from a technically competent country.

Biotechnology Patents

The definition of biotechnology was first made by Karl Ereky in 1919 as “the conversion of raw materials into new products with the help of biological systems.” To date, the definition of biotechnology has become more comprehensive. The Organisation for Economic Co-operation and Development (OECD) currently defines biotechnology as “the application of science and technology to living organisms and their parts, products, and models, the modification of living or non-living materials for the production of knowledge, goods, and services.”

The patentability of biotechnology has had an effect of expanding the boundaries of the patent system. The rule that organic elements found in nature cannot be subject to patents began to become flexible with the Diamond v. Chakrabarty case heard in the Supreme Court of the United States. In Europe, the evaluation of biotechnological inventions in terms of patents first occurred with the European Union Council’s Directive 98/44/EC on the Legal Protection of Biotechnological Inventions.

The point where biotechnology and classical patent doctrine clash is that the easy copying of biotechnological inventions creates problems for both producers and consumers. However, despite the debates, the fact that biotechnology inventions can be subject to patents demonstrates that patent systems are essentially formed and changed by countries’ economic and technological interests.

Supplementary Patents

There is the possibility of applying for a supplementary patent for inventions that perfect or develop the original invention and are in unity with the subject of the main patent. The applicant also has the option to apply in the manner regulated in the relevant articles of the Industrial Property Law for inventions they plan to apply for later; however, in this case, there is a risk that the subsequent application in unity with the main patent application may not meet the inventive step criterion.

For this reason, the Industrial Property Law stipulates that in the evaluation of a supplementary patent application, the main patent application will not be considered as the state of the art. In addition to the convenience provided for the inventive step criterion, the fact that neither application fees nor annual fees need to be paid for supplementary patent applications is also a provision in favor of the applicant.

The period envisaged for making a supplementary patent application is until the publication of the decision to grant a document for the main patent application. The period during which the supplementary patent provides protection begins from the application date of the supplementary patent and ends with the expiration of the protection period of the main patent.

Secret Patents

The principle of “disclosure of technical information about the invention to the public,” which lies at the foundation of the patent system, is not applied when secret patents are concerned. Countries can determine under which circumstances inventions will be subject to secret patent protection in accordance with their various interests. The Industrial Property Law has stipulated that secret patents will only come into question for matters of importance in terms of national security.

The Turkish Patent and Trademark Office notifies the Ministry of National Defense of inventions that are believed to be important for national security. The decision to carry out the proceedings in secrecy is made by the Ministry of National Defense, after which the application is registered as a secret patent application by the Turkish Patent and Trademark Office.

The partial or complete use of the invention subject to a secret patent by the inventor is only possible with the permission of the Ministry of National Security. The inventor whose invention is subject to secret patent protection may be deprived of the financial benefit they hoped to obtain due to the regulations in place. For this reason, the applicant has the right to claim compensation from the state for the period it was kept secret.

 

Conclusion

The Turkish patent system, as regulated under Law No. 6769 on Industrial Property, provides comprehensive protection for various types of inventions through different patent categories. The classification of patents according to claim types (product and process patents) and subject matter (pharmaceutical, biotechnology, supplementary, and secret patents) reflects the complex nature of modern intellectual property protection. Understanding these distinctions is crucial for inventors, legal practitioners, and policymakers in navigating the Turkish patent landscape and ensuring appropriate protection for technological innovations while balancing public interests, particularly in sensitive areas such as public health and national security.

 

For more assistance or consultation on this matter, you can contact us.