The utility model is one of the intellectual property rights that ensures the legal protection of inventions. While it shares similarities with the patent system, the utility model offers protection specifically for technical innovations that require a lower level of inventiveness. It is generally applied to devices, tools, or product-based improvements and technical solutions. Through utility model protection, the right holder can prevent others from using the invention without permission for a certain period and thus gain an economic advantage.
Pursuant to Article 142 of the Industrial Property Code, inventions that meet the novelty and industrial applicability requirements outlined in Article 83 are eligible for protection under the utility model system. Utility model protection is designed particularly for innovations that contain technical improvements but may not meet the higher inventive step threshold required for patents.
In the assessment of novelty for a utility model, technical features that do not contribute to the invention are not taken into account. This approach ensures that only the essential innovative elements are protected, while unnecessary technical details are excluded from the evaluation.
In order for an invention to be protected under the utility model regime, it must be new and industrially applicable. However, unlike patent protection, the inventive step requirement is either not sought or evaluated at a lower threshold in utility model applications.
Nevertheless, certain types of inventions are explicitly excluded from utility model protection. These include:
The utility model system offers a faster and more cost-effective means of protection, making it particularly advantageous for small and medium-sized enterprises (SMEs) aiming to develop and commercialize their technological advancements. Given the scope of protection and specific application requirements, seeking expert legal and technical advice is strongly recommended to ensure an effective strategy.
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A utility model grants the inventor the exclusive right to use their invention for a specific period. In Turkey, the protection period for a utility model is 10 years from the filing date. To maintain this protection, annual fees must be paid regularly starting from the third year after the filing date. Failure to pay these fees results in the termination of the utility model right and the cessation of protection.
Invalidation actions can be brought not only during the protection period but also within five years after the right has ended (Article 144/3). The lawsuit is filed against the registered rights holder and other interested parties must also be duly notified. Actions can be initiated by interested persons, public prosecutors, or relevant public institutions, whereas invalidation claims based on entitlement under Article 109 can only be brought by the inventor or their legal successors (Articles 144/2, 144/4).
If invalidation grounds affect only certain claims within the certificate, partial invalidation applies, cancelling only the affected claims (Article 144/5). However, partial invalidation of a single claim is not allowed. The remaining claims will retain their validity if they satisfy the conditions of Article 142 (Article 144/6).
Consequently, once an invalidation decision is issued, the certificate is deemed void retroactively, and this status is publicly announced to ensure legal certainty.
Utility model rights automatically end in the following cases:
The protection period lasts 10 years. If annual fees, payable from the end of the third year onward, are not paid on time, the certificate becomes invalid and protection ceases.
Upon termination, the Turkish Patent and Trademark Office publishes the termination in the Official Bulletin, and the related invention enters the public domain, allowing free use of the technical knowledge by anyone.
The utility model owner may waive their rights either entirely or partially over one or more claims. Partial waiver is valid only if the remaining claims independently constitute a utility model subject and if such change does not broaden the scope of protection. Waivers must be submitted in writing to the Office and become effective as of the registration date in the registry.
However, a utility model cannot be waived without the consent of registered rights holders or licensees (Article 140/5). Moreover, if a third party claims rights over the certificate and this claim is recorded as a precautionary measure in the registry, the waiver cannot proceed without the express consent of the claimant (Article 140/6).
Finally, any waiver of utility model rights is also published by the Office in the Official Bulletin (Article 140/7), thus informing the public.
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