What is a Patent?

A patent is a title that protects a technical invention. In countries where a valid patent is held, the patent owner determines who can produce, sell, or import the respective invention. Additionally, the patent owner has the option to sell or license the patent. The government grants the inventor a patent, giving them the right to prevent others from making, using, or selling their invention for up to 20 years from the date the patent is granted.

When a patent application is filed, a complete description of the invention must be provided so that others can benefit from advancements in technology and knowledge. Patents are a way for people to share advanced information. Each patent document describes a new aspect of a technology in clear and precise terms and becomes accessible to everyone. This makes it an important resource for businesses, researchers, academics, and others who need to keep up with progress in their fields.

People can view your invention later, but as long as your patent is in force, they cannot make, use, or sell your invention without your permission.

When patent protection expires, the invention becomes public domain and can be used freely. A patent protects against reproduction and use of the invention without the permission of its creator (or beneficiaries). Even though the validity of a patent is essentially time-limited, it enables innovative companies to secure their advancements.

A patent makes the invention public. In exchange for the exclusive usage rights granted by the patent, the inventor must explain the underlying technical ideas of their invention so that a skilled person in the field can understand how it works and develop the technique further. This way, both the patent holder and the company benefit.

To protect an invention internationally, it can be registered. Of course, as the number of countries where protection is desired increases, the financial cost also rises.

For an invention to be patentable, it must be filed by a natural or legal person and meet the following criteria:
The invention must be original and new, meaning that no similar product has been released to the market or made known to the public before. The invention must be original and creative, and it must also be significantly different from the known state of the art, even for a person skilled in the technical field. Therefore, it must be based on a unique technical process.

What is a Joint Patent?

A patent provides the patent owner the opportunity to benefit economically from their invention and grants the right to prevent others from exploiting it. Patents are a legal document that involves inclusion over a specific process.

Joint patent ownership represents a piece of property that belongs to two or more people and is protected by patent law. Those involved in this property can be individuals or companies. A joint patent means accepting that a partner has rights to use and transfer the invention, which could potentially cause restrictions.

To obtain a joint patent, certain conditions must be met. Some of these conditions are described below.
• Making a significant contribution to the creation or implementation of the invention.
• Providing a non-negligible contribution in terms of quality related to the claimed invention.
• Being knowledgeable enough to do more than just explain well-known concepts and/or the current state of the technology.

How to Apply for a Joint Patent?

When multiple people contribute to the development or creation of a patented work, they can share ownership of this work through a joint patent. For this sharing, the information of each person who contributed to the Joint Patent Application must be written.

There are good reasons to apply for a patent, but the main reason lies in your monopoly over the use of your invention. Therefore, the patent provides the expected power and security. Depending on your area of activity, owning a patent gives you a significant advantage over your competitors. The primary aim of a patent is to combat any instances of counterfeiting.

How Many People Can Jointly Apply for a Patent?

Through a patent application, an initial person's idea can be added, along with economic support and joint collaboration in other processes. There is no limit on the number of individuals in the application. In the application made to the Official Institution, all names must be included to grant equal authority for the invention among everyone in the group.

What Are the Rights of Individuals in a Joint Patent Application?

When inventions that can be patented arise from a group effort, the individuals working together have joint rights over that invention. When examining the regulations regarding patents in the Industrial Property Law; the right to apply for a patent for the invention belongs to all those who contributed to its development. However, the individuals who created the invention can arrange for one person to request the patent application by making an agreement among themselves. In this case, a single person can execute the operations through an agreement, thus making the process faster. In the event of a future dispute, having a written agreement will facilitate proof.

When applying for a patent and after becoming a patent holder, it is also possible to make an agreement that individuals can arrange as they wish regarding ownership rights. If the inventors did not make such an agreement, the decisions related to shared ownership stipulated in the Civil Code will apply. The concept of shared ownership can be summarized as individuals having rights over the same property in proportion to their shares.

According to these provisions, the shareholders (those who created the invention) may use the product to be patented without harming the rights of others and may benefit freely. Responsibilities such as expenses related to this product will also be covered by these shareholders in proportion to their shares. Costs incurred for the patent application are also an example of these expenses.

In the latter articles of the Industrial Property Law, it is possible to see the actions that inventors can take independently of other inventors. According to these articles, each co-owner can manage their share as they wish, can use the invention with the condition of notifying the other inventors, can take necessary measures for the protection of the patent, and can sue third parties in case of any unfairness regarding the patent.

One of the necessary topics for joint patents is the behavior of one of the partners violating the partnership. An example of such situations could be one partner publishing and reproducing the product without consent from the others. Therefore, a lawsuit can be filed by one joint patent holder against another for unauthorized use of the patent, and it is even possible for this person to be removed from the partnership by court order. If a person is removed from the partnership, their ownership rights over the invention will also cease.

How to Terminate a Joint Patent Application Agreement?

The joint patent application agreement comes into effect on the date it is signed and will continue until the date when the intellectual and industrial property rights arising from the patent expire in accordance with the laws, and in any case, it will end with the public domain of the invention subject to the patent.

If one of the parties waives their rights specified in the agreement in writing, or if the patent application subject to the agreement cannot be registered in any of the countries where it was applied, or even if the patent becomes invalid after registration, the agreement will end by documenting both parties.

''Article 11 Confidentiality and the provisions of Articles 4 and 5 concerning Intellectual and Industrial Rights that have emerged will remain valid even after the termination of the agreement for any reason, expiration of the validity period, or termination in any manner.''

The agreement may be terminated at any time, considering the condition that the rights and obligations arising from the contract will be transferred entirely to the other party without any payment by either party.

If one of the parties violates this agreement, the other party may terminate the contract immediately upon written notification sent via notary within thirty days if the violation is not remedied. This does not mean that the terminating party waives any rights against the party that has violated the agreement.