
In short
The inventor and the patent applicant do not have to be the same person. The right to apply for a patent arises from the person who made the invention, and the person who took the assignment can make the application in their own name. The name on the application form does not stand in for the assignment contract. The name of the person who made the invention being written on the document does not, on its own, change ownership either. A new patent year is not added to this distinction.
The name on the form and the right holder
The inventor is the person who created the invention. The applicant is the person who claims the right on the register. An employer, an assignee, or an heir can be the applicant. These capacities can stand side by side on the same paper. Standing side by side does not mean the two capacities have merged.
Mentioning the name of the person who made the invention does not mean that person is the applicant. The name not being written does not treat the person who made the invention as absent either. The right to the name, and the right to apply for a patent, are followed apart. The name on the form is not written as the right holder while there is no assignment document.
The assignment document is not a name line
The assignment is read from the contract that passes the right. If there is no contract, the signature on the form is not treated as having completed the assignment of itself. The signature shows who opened the application. Whether ownership passed depends on the assignment sentence standing in the document. While there is no sentence, a group company is not written in place of the person who made the invention.
The petition cannot later add an assignment that is not in the contract. If the annex does not describe which right passed to whom, the description is not invented. How the application is opened stands in the patent application record. That form is not rewritten here. The question is whether the name on the form and the person who made the invention are the same person.
An invention in an employment relationship
In an invention made inside an employment relationship, who holds the right to apply depends on the employee-invention distinction and on the contract. Notice, and the price, are not a figure in this article. A free invention and a service invention do not stand on the same shelf. The record of an employee invention stands under employee invention. A general assignment sentence in the employment contract is not treated as having passed every invention to the employer of itself. The sentence is not widened before the contract in hand is read.
The employer being the applicant does not mean the name of the person who made the invention will be deleted. How the name will stand on the register is read from the application document. While there is no document, the name line is not learned by heart.
The protection line does not renew the capacity
Who the applicant is does not change the term of the patent. Protection of a patent is twenty years from the filing date, and it cannot be extended. A utility model is ten years, and that cannot be extended either. The term is not renewed by correcting the inventor line. These two terms are written in the file. A new year, or a new filing date, is not added here.
The frame of a utility model stands in the utility model record. The reading of patent protection stands in the patent term of protection record. If the two types of document are mixed, the year is mixed as well. The type is separated from the entry on the register. While there is no register extract, the type is not chosen.
If more than one person took part in the invention, each person's contribution is read not from the order of names on the application document, but from the record that describes the contribution. The order of names does not of itself rank who contributed more. If there is no record of contribution, one stays silent that it is absent. Silence does not write the whole right to the first name on the list. The first name may be the person who opened the form. Opening the form is not having made the invention alone.
In an application that passes by inheritance, the document of heirship is read in place of the assignment contract. The document should show which share passed to whom. A civil-registry record that does not show it does not of itself change the applicant on the patent register. The petition cannot announce an heir who does not stand on the register as the right holder. The rate of the share is not in this article. The rate is read only if it is written in the inheritance document.
Where the two capacities are separated
A lawyer in Ankara reads from the application document that the office being in Çankaya does not change the department of the patent register. While there is no assignment contract, the name on the form is not counted as an assignment of the right. Correcting the inventor line does not renew the twenty-year protection, nor the ten-year utility-model protection.
Conclusion
The inventor and the applicant can be separated. The assignment is read not from a name line on the form, but from the document that passes the right. The price of an employee invention is not fixed here. Who applied is not said without the document. The frame sits on the intellectual property page. The basis is Law No. 6769, the Industrial Property Code.