Intellectual property · Legal information

What Is Publication of a Patent Application For?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Publication of a patent application is the opening of the application to the public, and it does not mean the patent was registered. The description, the claims and the abstract may become visible in the bulletin. Competitors may read the text. Reading does not mean the application was accepted. A publication day and a patent year are not in this text. The date is read from the bulletin and from the register record.

The start of protection is not memorised either. The start is asked from the certificate's own record, and a year is not added to this text. The petition does not write a date when there is no bulletin date. The application does not build a result before a printout of the register stands. The decision is not built before the published text is seen.

What appears in the bulletin

The part that is published may be the description, the claims and the abstract. If there is a drawing, the drawing is tied to the text too. Which part stands in the bulletin is read from the register record. If the record does not count the part, the count is not invented. The document should carry the application number. If there is no number, the text is not tied as the publication of this file.

The abstract standing short in the bulletin does not mean the description stayed secret. If the description was published, the text is public. A sentence opened to the public is not read later from the abstract in a brochure. The part that is read is the text shown on the register. The petition does not put the abstract in the place of the description.

How the application is formed stands under a patent application. That record is the giving of the papers to the institution. Giving them does not mean the publication was made by itself. The two steps are two documents. The petition does not take the application petition for a bulletin page. If a writing went to the applicant, service shows that writing. Service does not carry the publication day into this text.

Publication is not a registration decision

Publication does not mean the examination ended or that the patent was granted. A refusal may also come after publication. The record of refusal stands under refusal of the application. A change of the claims may also be discussed after publication. The change does not mean the first text was never published. The decision separates which text stood in the bulletin.

A third person may read the text. Reading does not mean the objection was accepted. If there is an objection, the objection petition stands separately. If there is no petition, it is not completed as if there were an objection. The applicant compares the claim that was published with the claim in the file. If the two conflict, it is asked which text was opened to the public. A result is not built before the document closes the conflict.

A search report is not publication itself

A search report stands under a search report. The report is not the opening of the application to the public. The report appearing together with the bulletin does not mean the two documents are a single step. The debate on novelty stands under the novelty requirement. The published text may be discussed as an obstacle in someone else's application. The obstacle is not turned into a ruling in this text.

If the report is negative, the negativity is not a sentence that the patent has no effect at all. A positive report is not a registration decision either. The two results are read from the report's own line. If there is no line, the result is not invented. The register may carry the date of the report. The date is not named as the publication day by itself. The petition does not put the report in the place of the bulletin page.

A publication day and a patent year are not written

The publication day is in the bulletin record. The day is not written into this text as a number. A patent year is not written either. The year is the subject of the certificate's own term, and it is not carried onto this publication record. A date is not said without a printout of the register. If there is a printout, the day on the printout is read. A new day is not added. The application places the printout and the bulletin page side by side.

If a request for early disclosure stands separately in the file, that document is read. If there is no request, the publication is not treated as having been asked for early. If there is a request, the request does not write the year into this text either. The decision is not built before the register line is seen. An invoice or a power of attorney does not stand in for the bulletin date. A power of attorney may show who followed the application. Following it does not mean the publication was made.

Where the publication is read from

The question of what the publication of a patent application is for is built from the bulletin and the register record, and publication is not taken for registration. Counsel in Ankara reads from the document that the office being in Çankaya does not change the authority of the institution. A publication day and a patent year are not written. In the petition, a search report does not stand in for the publication page.

Conclusion

Publication of the application is a disclosure to the public, and it is not registration of the patent. A publication day and a patent year are not written. The date is read from the bulletin and from the register record. The frame stands on the intellectual property page. The basis is Industrial Property Law No. 6769.

Legislation

Frequently asked questions

Is publication of a patent application registration?

No. Publication is the opening of the application to the public. The registration decision is read separately. The text in the bulletin does not mean the certificate was granted.

On which day does publication happen?

The day is read from the bulletin and from the register record. This text does not write a publication day. A patent year is not written either. A date is not said when there is no record.

What does a third person do with the published text?

They may read the text. An objection or an observation is discussed according to the papers and the relevant step. Publication does not mean the objection was accepted.

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