What is a Utility Model?
A utility model is a sort of intellectual property right that grants legal protection of limited duration to economically feasible inventions that have not yet passed the conception phase in Türkiye and elsewhere. This protection lasts ten years in Türkiye. Utility models offer more limited and cost-effective protection than patents in granting the creator the right to produce and market their invention.
Importance of Utility Model Protection for Companies
Utility models are essential to intellectual assets: they go beyond protecting products and production methods and serve a wide range of functions from R&D investments to growing market share and gaining a competitive edge. By reviewing patents and utility models in the industry, companies can avoid unfeasible investments and focus on improvable areas that would increase profits and make them stand out in the market.
Thanks to utility models, businesses obtain legal protection for their significant inventions that contribute to technical progress due to R&D operations while deterring companies with similar activities from entering the relevant market, giving them a competitive edge.
Moreover, companies get recognition with their utility models since they can demonstrate their economic and technological capabilities to market competitors, customers, business partners, and future employees.
Another driver for companies to obtain utility models is that these models encourage employees to get creative and make innovations while strengthening employee commitment through internal performance rewards.
How Can a Company Obtain a Utility Model?
Companies wishing to have legal protection for their existing or future inventions might wonder how to obtain a utility model. In Türkiye, utility models are included in intellectual property rights, regulated under Industrial Property Law no. 6769. Under this law, the Turkish Patent and Trademark Office has the authority to issue a utility model.
The Office evaluates applications based on the criteria in article 90 in Industrial Property Law no. 6769. It determines if an application has the required documentation and gives an extension of two months to those that do not. Then, the Office starts reviewing the format of applications. Applications that fall short of the formal requirements are granted an additional two months before the examination stage.
An examination report must be requested within two months after completion of the formal requirements. The relevant application will be canceled if no examination report is asked for or the inventor fails to cover the report’s costs.
After completing this process, the examination report is issued and published by the Turkish Patent and Trademark Office. Then, any objections of third parties are handled. If the Office decides to grant a utility model to an invention described in an application following its evaluations, it releases its decision and the concerned utility model in the form of a bulletin.
In conclusion, it is crucial to seek assistance from competent professionals in the relevant legislation to submit a practical application for a utility model.
