NEWSLETTER-2017

303 INTELLECTUAL PROPERTY LAW Patent Rights under Industrial Property Law* Att. Melisa Sevinc Atilganer Introduction A patent is a protection granted to an invention that meets certain conditions. Patent protection is regulated under Article 82 ff. of Indus- trial Property Law No. 6769, entered into force on 10 January 2017 (“IPL”). Decree Law numbered 551 concerning Protection of Patent Rights (“FormerDL”) is abolished through enforcement of the IPL. The IPL introduces certain amendments to patent rights, as well as other industrial property rights. Along with the shortening of terms within which to submit claims and applications, the system granting patent rights without conducting an investigation is repealed through the new amendments to the IPL. Patent rights under the IPL are exam- ined in this newsletter article, including the latest amendments. Subject of Patent Rights and Patentability Criteria Patent rights mean a limited monopoly right in exchange for dis- closure of technical information 1 . There are two options with respect to inventions. The first option is to use technical information without disclosing the same, and to protect the information in relation to the invention as a trade secret. The second option is to benefit from patent protection through disclosure of the details of the invention. Patents encourage companies to make the necessary investments for innovation, and provide the incentive for individuals and compa- nies to devote resources to research and development 2 . An invention * Article of May 2017 1 Güneş, İlhami. Patent Hakkı ve Bu Hakkın Komşu Kavram ve Hukuki Yollarla İlişkileri, p.1. http://www.yayin.adalet.gov.tr/adaletdergisi/48.sayi/8_ilhami_ gunes.pdf. 2 https://ec.europa.eu/growth/industry/intellectual-property/patents_en Access date: 25.05.2017.