Patents and utility models are industrial property rights considered for technical inventions. They may provide a right to prevent unauthorised commercial use by others; they do not establish that the owner can freely use its own product. Other parties’ rights require separate review. Their distinction is not limited to duration.

Protection term: patent protection has a statutory term of 20 years from the filing date, subject to the requirements for maintaining the right. Utility model protection lasts 10 years from the filing date. For a long-term strategic invention a patent may suit better, while for a short-lived product or one that changes quickly a utility model may be more appropriate.

Core criteria: patents require novelty, inventive step and industrial applicability. Utility models require novelty and industrial applicability without an inventive-step requirement. A utility model involves a search and should not be treated as a mere formality check. Statutory exclusions, including processes and products obtained by processes and chemical, biological and pharmaceutical subject matter, must also be considered.

Summary of differences:

• Protection term: 20 years for patents, 10 years for utility models.
• Criteria: a utility model requires novelty and industrial applicability, without inventive step.
• Subject matter: patents can cover methods and products, while utility models usually focus on the structural features of a product.
• Cost and timing: the current TÜRKPATENT tariff applies to fees; please verify before filing.

Which is more advantageous? There is no single answer. If your invention is a new method, a chemical composition or a long-lived technology, a patent may be more suitable. If it is a practical improvement to the shape or mechanism of a product and you want to reach the market quickly, a utility model may be worth considering.

Priority period: under the Paris Convention, both a patent and a utility model benefit from a 12-month priority right. Within this period the same invention can be filed in other countries while keeping the original filing date. Plan your strategy early so that this period is not missed.

Prepare a comparison file before choosing a route. Put your product’s technical features in one column and the features found in earlier documents in another. Explain whether the difference concerns appearance or the working relationship between components. Considering the technical subject before the marketing timetable can prevent an unsuitable application from being prepared. The shorter utility model term does not mean every application will finish sooner. Include different versions in your manufacturing plan: the product sold today and the product under development may have different features. The aim is to assess the intended technical solution together with the appropriate filing route.

Whether a patent and a utility model can be filed for the same invention, and at which stage a conversion is possible, depends on the legislation and on the status of the file. For a general overview, see our utility model service page: /en/hizmetler/faydali-model This article is for general information only; for an assessment specific to your file, please consult our patent attorney.

This article is for general information only; consult our attorney for an assessment of your specific case.