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Patent
A patent for an invention is granted by government to the
inventor, giving the inventor the right for a limited period
to stop others from making, using or selling the invention
without the permission of the inventor. When a patent is
granted, the invention becomes the property of the inventor,
which - like any other form of property or business asset -
can be bought, sold, rented or hired. Patents are
territorial rights; TPE Patent will only give the holder
rights within the Turkiye and rights to stop others from
importing the patented products into Turkiye.
What kinds of things do patents cover?
Patents are generally intended to cover products or
processes that possess or contain new functional or
technical aspects; patents are therefore concerned with, for
example, how things work, what they do, how they do it, what
they are made of or how they are made.
The vast majority of patents are for incremental
improvements in known technology; it has been said that
innovation is evolution rather than revolution.
Are there any special conditions that an invention must
fulfil?
To be patentable your invention must:
• Be new
The invention must never have been made public in any way,
anywhere in the world, before the date on which an
application for a patent is filed.
• Involve an inventive step
An invention involves an inventive step if, when compared
with what is already known, it would not be obvious to
someone with a good knowledge and experience of the subject.
• Be capable of industrial application
An invention must be capable of being made or used in some
kind of industry. This means that the invention must take
the practical form of an apparatus or device, a product such
as some new material or substance or an industrial process
or method of operation.
"Industry" is meant in its broadest sense as anything
distinct from purely intellectual or aesthetic activity. It
does not necessarily imply the use of a machine or the
manufacture of an article. Agriculture is included.
Articles or processes alleged to operate in a manner clearly
contrary to well-established physical laws, such as
perpetual motion machines, are regarded as not having
industrial application.
• Not be "excluded"
An invention is not patentable if it is:
• a discovery;
• a scientific theory or mathematical method;
• an aesthetic creation such as a literary, dramatic or
artistic work;
• a scheme or method for performing a mental act, playing a
game or doing business;
• the presentation of information, or a computer program.
If the invention involves more than these abstract aspects
so that it has physical features (such as a special
apparatus to play a new game) then it may be patentable.
In addition, it is not possible to get a patent for an
invention if it is a new animal or plant variety; a method
of treatment of the human or animal body by surgery or
therapy; or a method of diagnosis.
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