Patent is a registration document that gives the owner of a new technical invention a monopoly right for 20 years. SMK article 82 et seq.
Patent Conditions
- Innovation: Not previously presented to the public
- Invention step: Not obvious to the expert
- Industrial applicability: Production is possible
Topics for which Patents Are Not Granted
- Discoveries, scientific theories, mathematical methods
- Aesthetic creations
- Business methods, game rules
- Computer programs (also copyright)
- Human/animal treatment (method)
Registration Process
- Written description of the invention (request, description, drawing, summary)
- Application to TPMK
- Form examination
- Research report
- Request for examination (within 3 years)
- Objection process
- Registration (3-5 years)
Duration and Annual Fee
- Duration: 20 years
- Annual fees must be paid (increasing)
- Failure to pay → patent drops
Utility Model
- Easier registration
- 10-year protection
- Only novelty requirement
- No inventive step required
Supreme Court 11. HD
11. HD adopts that the "research report" should be examined meticulously in patent granting decisions, and if prior art is detected, the registration should be canceled.
Patent lawyer is recommended.