Frequently Asked Questions
I have a project idea but haven't applied for registration. Can I request a patent valuation report?
In order to prepare patent/utility model valuation reports, the official application process must be initiated and legally active in the countries where valuation is requested.
Why do I need an infringement analysis?
Infringement analysis helps you assess whether any product or service infringes your patent/utility model right. In cases where you think there is an infringement, you can have an infringement analysis to identify this situation. Infringement analysis is important both to prevent possible loss of rights and to remedy existing loss of rights. You can also have an infringement analysis to learn the weaknesses of your competitors in terms of industrial property and gain a competitive advantage when developing a new product/service.
Why do I need an invalidity analysis?
An invalidity analysis is an examination used to assess the validity of a patentability criteria for an invention. If there is a possible infringement, an invalidity analysis can be used to question the validity of the patent or utility model and establish a defense strategy.
Why do I need a freedom to operate analysis?
Before launching a product or service or entering a new field of activity, it is important to perform a freedom to operate analysis. This analysis helps to assess the legal risks associated with operating in a particular field and guides the product or service development process.
Why do I need patent portfolio analysis?
A patent portfolio analysis contains an assessment of the strengths and weaknesses of an individual's or organization’s patent/utility model portfolio. It provides benefits to users in strategic decision making and investment processes. It can be used to determine which patents the individual or organization should focus on in order to reduce patent / utility model protection costs, increase competitiveness and commercialization processes.
Can I request a valuation report before the completion of the registration process?
In order to prepare patent/utility model valuation reports, it is sufficient that the application process for registration has been initiated and is legally active in the countries where valuation is requested. It is not mandatory for your application to be granted.Registration application is not required to prepare brand valuation reports.
How long is the valuation report valid for?
The value of an industrial property may vary depending on developments in the relevant technology, the market in which it is to be used and its legal status. For this reason, it is recommended that the value of an industrial property should be reassessed at regular intervals.
What happens if I file an application without a patent preliminary search report?
Your invention will be assessed for novelty, inventive step and industrial applicability in the patent preliminary search report, which will indicate whether your invention exists in the prior art or is similar to another existing invention. Patentability searches are important to prevent loss of time and money by providing an opinion as to whether an invention is patentable or not. The risk of patentability is higher for applications filed without a preliminary search, and the changes that can be made after filing are limited.
Can we use the patent valuation report to determine the rights of employees in employee inventions?
Yes, patent valuation reports can be used to determine the rights of employees in employee inventions. Patent valuation reports are useful in resolving disagreements that may arise between employers and the employees in terms of price and payment method. Therefore, it is important to get support from professional service providers for the valuation of inventions and determination of the value.
Do I need to have earned income to have a valuation report prepared?
In order to prepare valuation reports, it is not mandatory to receive any income from the property for which valuation is requested.
What is the purpose of a valuation report and where is it used?
Değerleme raporları, şirketlerin portföyünün gerçek değerinin bilinmesi ve ortaklık kurma, yatırımcı bulma ve her türlü finansal desteklere ulaşma gibi hedefler için önem arz etmektedir. Değerleme raporları; stratejik Ar-Ge karar süreçlerinde, şirketlerin birleşmesi ve satın alımlarında, şirket tasfiyesi halinde, icra/davalarda hak bedelinin belirlenmesinde, vergi istisnasından yararlanmada, sınai mülkiyet haklarının satış veya lisansa konu olması durumunda, devlet desteklerinde ve çalışan buluşlarında çalışanlara ödenecek bedelin belirlenmesinde kullanılmaktadır.
What does a valuation report include?
A valuation report includes information on subject and purpose of the valuation, information on the patent/brand being valued, evaluation of patentability requirements for the related patent application, relevant sector information, concepts used in valuation, valuation methods, preferred valuation method within the scope of report and final value of the patent/brand.
What does a freedom to operate (FTO) analysis report include?
A freedom to operate analysis report first includes information about the characteristics of the products or services to be investigated, which industrial property rights are taken into account and according to which legal legislation they are evaluated. Subsequently, a literature search is carried out for industrial property rights that are likely to be violated by products or services. The protection scopes of industrial property rights mentioned in the literature are stated in this section. In the last part of the report, it is checked whether the products or services subject to the report are within the scope of industrial property rights in the literature. The documents causing the infringement are identified and the industrial property rights that are considered risky in terms of freedom of activity are specified.
What does an infringement analysis report include?
By examining the features of the product or service used in the content of the infringement analysis report, it is evaluated whether the product or method in question falls within the scope of the industrial property right.