Intellectual property · Legal information

When Does the Patent Term of Protection End?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Patent protection is twenty years from the filing date. The term is not renewed and cannot be extended. The question of when the patent term ends is read from the filing date, not from the day the certificate was granted. The renewal every ten years that exists for a trademark does not apply to this certificate. The ten years of a utility model is not a copy of the same calendar either. Twenty years is not the period of an infringement action.

The root of the counter is the filing date

The twenty years are not counted from the day the certificate was drawn up. The day the search report came out is not the start either. The root is the filing date. The announcement in the bulletin does not rebuild the counter from the day of the gazette. Even if the certificate was granted later, the calendar is tied back to the day the application was filed. A later narrowing of the claims page does not change the starting day by itself.

The certificate shown on the register does not by itself announce the day the term ends. If the filing date is there, the end is read from that date. If the filing date is not in the file, the end day is not invented. The text of a decision or of the bulletin does not delete the root date. A fee item on a tariff does not stand in for this root either.

The fee ceiling does not extend the term

The amount of the fee in the intervening years is not here. The tariff has to be read from the file. Whether the fee was paid does not change the twenty-year ceiling by itself. The ceiling is not a promise of extension. A year that was paid does not turn protection that has ended into a new twenty years. A petition does not bring back the year that has ended either. The language of renewal used for a trademark is not carried onto this certificate.

When the kind of certificate is mixed up, the number of years is mixed up as well. A utility model is ten years, and that term cannot be extended either. The renewal of a design every five years is not carried onto a patent. Which certificate is in hand is read from the register or from the kind of certificate. The utility-model year is not written by looking at a patent certificate, and the patent year is not written by looking at a utility-model certificate. The kind is separated from the record on the register.

Protection that has ended does not forbid a later act

An act after protection has ended is not forbidden by relying on a right that has ended. The account of an act before the end looks at the date of the act itself. This separation does not retell the infringement test. Twenty years of protection does not show how long an action will last. An act done while protection is standing and an act done after protection has ended are not joined in the same sentence.

The end day is not announced if the text of the claims is not there. The claims page shows the solution that is protected. If there are no claims, it also cannot be made out which act stayed inside the term. A report shows the documents that were found. The date of the report is not the start of the twenty years. An infringement claim does not push back the day the term ended either.

The kind of certificate mixes up the number of years

Counsel in Ankara who asks for the end day does not produce a term from the Çankaya address of the office. An office in Çankaya does not choose the competent court or the register office. The name of a district is not written in place of the filing date. The competent place is read from the rule of the dispute itself. The address of the office does not extend the twenty-year ceiling either.

The patent term is read without being confused with trademark renewal and with the ten years of a utility model. Renewal of a design every five years is not added to this calendar. Which year belongs to which certificate is separated from the name of the certificate in hand. In a mixed file the kind of certificate is read first, and then the filing date.

Before the end day is announced, the kind of certificate and the filing date are placed side by side. If there is no date, the number of years is not written either. The fact that the fee was paid does not turn the ceiling into a new term. The decision is made according to the name of the certificate in hand.

How the end day is read from the certificate

The end day is read from the certificate on which the filing date stands. The day of the certificate is not treated as the root of the counter. Trademark renewal is not added to this term either. The amount of the fee item is not in this text. When the kind is mixed up, the year is mixed up as well.

Conclusion

A patent lasts twenty years and cannot be extended. The start is the filing date. The language of renewal belongs to the trademark, ten years to the utility model, and every five years to the design. How infringement is made out is in patent infringement, the model's own year is in the utility model, and the invalidity claim is in patent invalidity. The design calendar is under the design term. The frame is on the intellectual property page. The official basis is Article 101 of Industrial Property Code No. 6769. If the claims page is not there, the end day is not announced.

Legislation

Frequently asked questions

When the certificate is granted, do the twenty years start again?

No. The term runs from the filing date. The day the certificate was granted, the day of the search report or the day of the bulletin does not change that date.

Does the term extend by itself when it runs out?

No. Patent protection cannot be extended. The ten-year renewal used for a trademark does not apply to this certificate. A petition does not bring back the year that has ended.

Are the twenty years the period of an infringement action?

They are not. Twenty years shows how long the protection lasts. The conditions of infringement are in a separate article. An act after protection has ended is not forbidden with a right that has ended.

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

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