Patent & Utility Model Law

Technological innovations are the cornerstone of competitive superiority in today's industry. Patents and Utility Models create the difference between an idea remaining merely "on paper" and transforming into a "commercial monopoly." This field is the strongest legal instrument guaranteeing the Return on Investment (ROI) of your R&D efforts.

A Patent, sometimes referred to in the industry as "Invention Registration," is a "legal monopoly" right that grants the owner the exclusive authority to produce, sell, or use innovations that provide a technical solution to a technical problem for a specific period (20 years). A Utility Model, on the other hand, is a rapid registration mechanism known as a "small patent," focusing more on improvements and providing 10 years of protection.

At Goklu Law & IP Firm, we provide end-to-end legal management covering not only the registration process but also the commercialization, protection, and defense against competitors for your inventions whose technical specifications have been prepared by you or patent engineers.

EP Validation Applications: We meticulously handle the translation and certification processes required for patents registered before the European Patent Office (EPO) to gain validity in Turkey (validation) and complete the validation procedures.

PCT National Phase Applications: We handle the entry into the Turkish national phase and follow up on the process for applications made under the Patent Cooperation Treaty (PCT).

Process Management before TURKPATENT: We manage the filing of national patent and utility model applications, submission of legal opinions against search and examination reports, and defense processes against third-party oppositions. Simultaneously, we monitor competitors' published applications and develop opposition strategies against registrations that threaten your market share.

Patent Portfolio Management & Annuities: We track annual renewal (annuity) payments, which are vital for the continuity of patent rights, preventing any loss of rights. By keeping your portfolio up-to-date, we align it with your commercial strategy.

Patent/Utility Model Assignment & Licensing: During the commercialization phase of your invention, we draft agreements for the full transfer of rights (Assignment) or granting of usage rights (Licensing) and record them in the TURKPATENT registry. We negotiate contracts—whether Exclusive or Non-Exclusive—that protect our client's commercial interests and clarify royalty rates and payment terms.

Actions for Annulment of Board Decisions: Decisions rendered by the Re-examination and Evaluation Board of TURKPATENT regarding the refusal of your application or the rejection of your opposition are final. We conduct these mandatory cancellation lawsuits, which must be filed before the Ankara Civil Courts of Intellectual and Industrial Rights, leveraging our location advantage in Ankara where the Office is based.

Freedom to Operate (FTO) & Risk Analysis: Before launching a new product, we conduct legal risk analyses (FTO) with the support of our business partners to determine if the technology infringes third-party patent rights, and we clear your commercial path through "Negative Declaratory Actions" (Non-Infringement Actions).

Employee Inventions & Service Inventions: We manage disputes regarding ownership and "remuneration" for inventions developed by company employees. We prevent future litigation by drafting "Employee Invention Agreements" and internal directives in compliance with regulations.

Technology Transfer & Confidentiality (NDA): In University-Industry collaborations, Technopark projects, and start-up investment processes, we draft Technology Transfer Agreements and Non-Disclosure Agreements (NDA) to ensure the safe transfer of technology.

Plant Breeder's Rights (New Plant Varieties): For our clients in the agriculture and biotechnology sectors, we manage registration processes for new plant varieties before the Ministry of Agriculture and Forestry and pursue product recall and compensation lawsuits against PBR infringements (illegal production/sales).

Integrated Circuit Topographies: We provide expert support for the registration and protection of the unique layout of your electronic circuit designs (chips) before TURKPATENT and manage infringement processes related to these rights.

Arbitration & Mediation: We ensure client representation in arbitration and mediation processes for patent disputes with high technical complexity.