What is a Patent? Its Importance for Entrepreneurs

Share:

Definition and Core Purpose of a Patent

A patent is an official document granted by the state to an inventor for an invention that is new, industrially applicable, and exceeds the known state of the art. This document grants the owner exclusive rights to produce, use, sell, or import their invention for a specific period (typically 20 years in Turkey). This means no one else can carry out these activities without the inventor's permission. The primary purpose of a patent is to encourage inventors and companies to create new inventions and to invest in research and development (R&D). Through this incentive mechanism, technological progress accelerates, societal welfare increases, and a culture of innovation spreads. A patent guarantees that the inventor receives compensation for their R&D investments and benefits financially from their invention.

Importance of a Patent

Obtaining a patent goes beyond merely providing legal protection; it's a strategic investment for entrepreneurs and companies:

Competitive Advantage and Market Dominance: A patent grants you a legal monopoly over your invention. This prevents competitors from imitating, producing, or selling your invention for a certain period. As a result, you gain a significant competitive advantage in the market, can implement higher pricing for your products, and increase your market share.

Source of Income and Licensing Opportunities: A patented invention allows you to generate additional income through licensing agreements. You can license your invention to other companies for a fee if they wish to use it. This offers the opportunity to earn income without directly producing or selling the invention. Furthermore, you can achieve substantial financial returns by selling your patent entirely to another company.

Potential to Attract Investors: Especially for technology and innovation-focused start-ups, patents hold significant value for potential investors. Patents demonstrate that the company protects its intellectual property and possesses unique value. This situation increases the company's market value and enhances the likelihood of securing funding by attracting investor interest.

Increasing Company Value: A company's patent portfolio indicates its intellectual capital and innovation capacity. Patented inventions increase the company's market value and become a significant bargaining chip in merger and acquisition processes.

Legal Protection and Deterrence: When you have a patent, you have the right to pursue legal action in cases of unauthorized copying and use of your invention. This creates a deterrent effect for potential imitators and helps protect your invention.

Patentability Requirements for an Invention

For an invention to be protected by a patent, it must fully meet specific legal requirements. These conditions are clearly defined in the Industrial Property Law No. 6769 and international patent agreements:

Novelty: The invention must not have been disclosed to the public anywhere in the world before the application date. This means it cannot have been publicly presented in any form, such as a written document, an oral presentation, the sale of a product, or any other public disclosure of information. Any disclosure of the invention before filing a patent application eliminates the novelty requirement and prevents a patent from being obtained. Therefore, it is critically important to file your patent application before sharing your invention with anyone or launching a prototype.

Inventive Step: The invention must be clearly distinguishable from the known state of the art according to a person skilled in the art. In other words, the invention must have a "creative" and "unexpected" feature that an ordinary expert in that field could not easily conceive or that could not arise from simply combining known techniques. This condition prevents patents from being granted for mere discoveries or obvious improvements.

Industrial Applicability: The invention must be capable of being produced or used in any branch of industry, including agriculture. This condition signifies that the invention must provide a practical benefit beyond being merely a theoretical concept. For example, a formula should not remain on paper; it should serve the production of a specific product or the improvement of a process.

Non Patentable Subject Matter and Inventions

Not every innovative idea or discovery can be protected by a patent. The law excludes certain subjects and inventions from patent coverage:

Discoveries, scientific theories, and mathematical methods: Discovering something existing (e.g., a new element) or formulating an abstract theory cannot be patented. However, if this theory is transformed into an industrially applicable product or process, it may be patentable.

Plans, rules, and methods for mental acts, business activities, or games: Chess rules or a marketing strategy cannot be patented.

Computer programs: Computer programs are protected by copyright. However, if a computer program creates a technical effect, such as controlling a machine, this effect may be patentable.

Creations with aesthetic qualities: The artistic value of a painting or a sculpture is protected by copyright or industrial design, not by patent.

Methods for surgery and treatment: Diagnostic, therapeutic, and surgical methods applied to the human or animal body cannot be patented. However, devices or substances used in these methods may be patentable.

Inventions contrary to public morality or public order: Inventions that are contrary to generally accepted societal values cannot be patented.

Types of Patents

Examined Patent

In this type of patent, whether the invention meets the novelty, inventive step, and industrial applicability requirements is thoroughly examined by expert researchers appointed by the Turkish Patent and Trademark Office (TÜRKPATENT). This examination is conducted by searching existing literature and patent databases in the relevant technical field. Inventions that receive a positive report after examination are granted an examined patent. An examined patent provides stronger and more robust protection because its validity has been confirmed by an official examination.

Unexamined Patent

The unexamined patent system, which existed under the previous Industrial Property Law, was abolished with the new law that came into force in 2017. Now, an examination process is mandatory for all patent applications.

Patent Application Process

The patent application process consists of a series of complex and technically detailed steps. It is generally advisable to conduct it through a patent attorney:

Preliminary Search and Consultation: A preliminary search is conducted to determine whether your invention meets the patentability requirements. In this stage, similar inventions and patents are searched to assess the novelty and inventive step potential of your invention.

Preparation of the Application File: A patent application requires a comprehensive file that must be meticulously prepared. This file includes:

Claims: This is the most critical part, defining the legal scope of protection sought for the invention. Writing accurate and broad claims directly affects the strength of the patent.

Description (Specification): This is the written section that explains the technical details of the invention, how it works, what problems it solves, and its benefits. The invention must be described clearly and completely enough for a person skilled in the relevant technical field to understand and implement it.

Drawings: Technical drawings or diagrams that help in better understanding the invention.

Abstract: A brief introduction to the invention.

Filing the Application: The prepared file is submitted to TÜRKPATENT either electronically or physically. The application fee is paid.

Formal Examination: TÜRKPATENT checks whether the application file complies with formal requirements (e.g., missing documents, signatures).

Search Report and Written Opinion: After the formal examination, a search report and a written opinion regarding the novelty and inventive step of the invention are prepared. This report lists similar publications and patents related to your invention.

Request for Examination and Examination Report: After objections to the search report and necessary revisions are made, a detailed examination report is prepared regarding whether the invention meets the patentability requirements. This report assesses whether the invention is "new," "has an inventive step," and is "industrially applicable."

Grant of Patent Document: If the invention is deemed patentable as a result of the examination, a patent document is issued, and the inventor officially obtains the patent right.

Conclusion

At the heart of the entrepreneurship and innovation ecosystem, a patent is the most powerful mechanism for protecting your inventions. For entrepreneurs with a new, industrially applicable, and original invention, a patent offers not only legal protection but also strategic benefits such as competitive advantage, new revenue streams, increased investor interest, and a significant increase in company value. As detailed in the article, meeting the patentability requirements of an invention (novelty, inventive step, and industrial applicability) and meticulously managing the complex application process are critically important in obtaining this valuable right.