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Legislative Implementation of Flexibilities - Türkiye

Title:Articles 154 -156 of the Patent Act No. 551 of 27/06/1995
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Article 154 Inventions Protected by Granting Utility Model Certificates

Inventions which are novel according to Article 156 of this present Decree-Law and applicable in industry in the sense of Article 10 of this present Decree-Law shall be protected by grant of Utility Model Certificate.

Article 155 Inventions and subject matter non-patentable by Grant of Utility Model Certificate

No Utility Model Certificate shall be granted for subject matters mentioned in Article 6 of this present Decree-Law as well as for processes and products obtained by such processes and for chemical products.

Article 156 Novelty

The invention, subject matter of the application for utility model certificate, shall not be deemed to be novel when prior to the date of filing the application, it has been rendered accessible to the public, whether in Turkey or in the world, by disclosure in writing or in any other way or when it has been put to use within the country, whether regionally or nationwide.Disclosure, whether by publication or in any other way or use, by the applicant for utility model certificate or his predecessors, twelve months prior to the date of filing of the application or to the date of priority, if any, shall not be deemed to be destructive of the novelty of the invention, subject matter of the application.Applications filed in Turkey for patents or for utility model certificates prior to the date of filing the application for Utility Model Certificate shall be deemed to be destructive of the novelty of the application for Utility Model Certificate even when they are published subsequently to the date of filing of the application for Utility Model Certificate.

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