TOTBİD Dergisi

TOTBİD Dergisi

2021, Cilt 20, Sayı, 1     (Sayfalar: 005-018)

Patent and utility model registration processes for medical devices

Ceren Bora Orçun 1

1 Biyomedikal Yüksek Mühendisi, Sınai Mülkiyet Uzmanı, Ankara

DOI: 10.14292/totbid.dergisi.2021.02
Görüntüleme: 647
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İndirme : 1599

Intellectual and industrial property rights are related to the protection of the innovations the rights given to the owners of these innovations. Today, intellectual and industrial property rights have become a widely recognized key factor in value creation all over the world. This development, supported by the increase in the number of IP applications, is noticeably accelerating in the medical device sector as in all sectors. All `innovations` regarding medical devices might be subject to intellectual property rights. Technological developments in this field primarily bring `patent` protection to mind. In this study, the concept of industrial property and invention, as well as its relation to patent protection are explained. The history of the patent system in our country and especially the patent and utility model application processes in the Industrial Property Law (IP Law), which entered into force on 10.01.2017, are mentioned. The patentability criteria and exceptions are explained within the scope of the IP Law. National and international applications and transactions have been compared. Following the definitions and examples of all these basic concepts, patent applications for biomedical systems were evaluated in terms of patentability requirements. Exceptions to patentability such as `methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body` were evaluated for medical devices. Information was given on the patent classification of biomedical technologies, which is an interdisciplinary field. Finally, the importance of preliminary research and the information that can be obtained in the patent search is given.

Anahtar Kelimeler : patent; utility model; industrial property rights; innovation; research and development; biomedical; medical device