Intellectual property · Legal information

Is a Patent Search Report a Certificate?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A patent search report lists the earlier documents found against the application, and it answers no to the question whether it is a granted patent certificate. The report is not a decision that the application was refused or accepted either. The term of twenty years runs from the filing date, not from the day the report came out. When it is looked at whether a search report is a certificate, the place that is read is not the certificate itself. It is the citations in the list.

A document that is cited is not a refusal decision

An old disclosure may be seen in the report. This citation does not mean the claims fell in the face of that disclosure. There being no citation at all does not mean the certificate was granted by itself either. Neither extreme is a decision. The applicant reads from the stage of the file what to do against the report. A time for a reply is not written here as a number of days. If a time is invented, the real time the Office gave is lost. The writing is read from the service in the file.

If the text of the claims is not standing, the result of the citation cannot be built either. The report shows the earlier documents that were found. Which claim will be read side by side with which document comes out from the claims page if that page is standing. When there is no claims page, the citation list does not by itself declare a refusal or an acceptance. If there is more than one citation in the application file, each citation is read with its own disclosure. The citing of one document does not mean the other claims fell too.

The certificate is not a later name of the report

A patent certificate is a separate decision given at the end of the examination. A search report is not read like a draft of that decision. A utility-model certificate is not another name of the report either. The types of certificate are not mixed. Invalidity is asked for from the court only for a right that was granted. The report itself is not a patent certificate that will be invalidated. Taking the report to court is not bringing an action as if a certificate had been granted.

A record that appears on the register does not count the day the report came out as the day the certificate was granted. If the filing date stands on the register, the term is read from that date. Even if the certificate was granted later, the counter does not shift to the day of the report. The text of the decision does not erase the root date. When the type is mixed, the year is mixed too. The utility model's own year is not written under this report. A fee item does not stand in for the root of the counter either.

The term is not built from the day of the report

The twenty years run from the filing date and cannot be extended. The day of the report, the day of the bulletin or the day of the certificate does not change this start. The basis for the term is Article 101 of Law No. 6769. This text does not add a new year or a new number of days. If there is no filing date in the file, the end day is not announced either. The language of renewal in a trademark is not carried onto a patent. The day the search report was drawn up is not the day protection started.

Service shows from which writing the time will be read. When there is no service, a number of days is not completed from here. If the claims page is not standing, which solution stayed inside the twenty years cannot be built either. The date of the report does not push back the ceiling of the protection. The decision is built according to the name of the document in hand.

The applicant reads each citation in the report against its counterpart on the claims page. Even if the citation list is long, the list does not stand in for a refusal decision. A short list does not mean the certificate was granted either. Whichever time the Office's writing asks for a reply in, that writing is taken as the basis. The time in the writing is not carried into this text as a figure. If there is no writing in the file, there is no day either.

A Çankaya address does not produce a day

Counsel in Ankara who asks the day of the report does not produce a day or a year from the Çankaya address of the office. An office in Çankaya does not choose the competent institution or the court. The name of the district is not written in the place of the filing date. The competent place is read from the rule of the dispute itself. The address of the office does not turn the report into a certificate.

How the report is read from the document

The report is read from the service in the file and from the filing date if they are standing. The report is not counted as a granted patent certificate. The term of twenty years is not started from the day of the report either.

Conclusion

A search report lists the earlier documents. It is not a patent certificate, a refusal decision or an acceptance decision. The term runs from the filing date and is twenty years. If there are no claims, the result of the citation is not said. The debate on novelty is in inventive step, and the steps of the application are under a patent application. The year of protection is in the patent term. The certificate of the model is under a utility model, and the frame is on the intellectual property page. The official basis is Article 101 of Industrial Property Law No. 6769.

Legislation

Frequently asked questions

Is a search report a patent certificate?

No. The report shows the earlier documents that were found. A patent certificate is granted by a separate decision. The drawing up of the report is not the day protection started.

If a document is cited in the report, has the application been refused?

No. A citation is the showing of prior art. Refusal or acceptance is in the later decision. There being no citation at all does not mean a certificate by itself either.

Does the term of twenty years run from the date of the report?

No. The patent term is twenty years from the filing date and cannot be extended. The day of the report, the day of the bulletin or the day of the certificate does not change this start.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call