As of 02 January 2019, TURKPATENT introduced the option of making a joint request for both research and examination stages, in order to accelerate the procedure for the preparation of report of research and examination, which are the basic stages of the patent process.
The “joint request for the preparation of the patent research and examination report” is an option, so it is also possible to make separate requests for research and examination.
The research report is the first stage in deciding whether the invention is patentable or not. In the research report, the list of the proximate documents of the state-of-the art related to the subject of the invention (documents bearing a specific date, which have been published anywhere in the world before the date of application for the invention) will be provided and the sections of the said documents particularly related with the invention subject to research will be indicated.
The examination stage is the stage of decision as to whether the invention applied for is patentable or not. During the examination process, the invention (claims) is reviewed in terms of patentability criteria (novelty, inventive step, applicability to the industry). An examination report is prepared as a result of the examination by taking into consideration the documents indicated in the research report, and the documents determined during the examination stage, if any.
In case the option of “joint request for the preparation of the patent research and examination report” is preferred,
- If the outcome of the research report is positive, the examination report will also be prepared and submitted together with the research report.
- If the outcome of the research report is negative, the research report will be submitted and at the end of three months following the date of notification of the research report, the process of preparation of the examination report will be initiated. Within this three-month period, the applicant:
*can make changes to the description set and explain the reasons of the changes in writing.
*can make changes to the description set and not declare the reasons of the changes.
*can prefer not to make any changes to the description set.
*can prefer not to make any changes to the description set and explain the reasons of not making any changes in writing.
Subsequently, if the outcome of the examination report is positive, the report will be notified to the applicant together with the decision of granting of the patent.
If the outcome of the examination is negative, i.e. the claims do not fulfil the patentability conditions, in part or in whole, or contain any deficiency, the applicant will be notified of this situation. This notification will include the reasons and grounds for not granting the patent, taking into consideration the documents indicated in the research report, the documents determined during the examination stage, and the views of the applicant and the changes the applicant made to the application, if any. The applicant will be requested to provide its counter-views to the notifications, within three months as of the date of each notification, or to make changes to the description set, claims or images, on the condition of not exceeding the scope of the application. In case no reply is provided to the notifications or no change is made, the application will be deemed as withdrawn. As a result of the examination conducted after the notifications, if it is determined that the application and the related invention are not in compliance with the provisions of the IP Code an examination report explaining the reasons and grounds for not granting the patent will be prepared and the application will be rejected. It is possible to oppose to this rejection decision before the Re-examination and Evaluation Board, within two months as of the date of notification of the rejection decision.
With the introduction of this new development, TURKPATENT aims at accelerating the patent application process. Indeed, in case this option is preferred and the outcome of the research report is positive, the preparation of the examination report and sending it together with the research report will allow the applicant to gain significant time in the process. However, if the outcome of the research report is negative, the examination process will be initiated within 3 months as of the notification date of the report. The said 3-month period may be considered as a factor which would slow down the application process to a certain extent; however, this period is granted in order to prevent any loss of right of the applicant, and to allow it to submit its views and/or make changes to the description set, if it deems it necessary.