🔄 Transitioning from Utility Model to Patent: How to Extend Protection from 10 to 20 Years?

Read this before you ever say, “I wish I had applied for a patent instead!”

Hello, innovative minds! 🚀

You made an invention and quickly secured a utility model to protect it. But now you’re in year 7 and you’ve realized the “harsh” truth: protection lasts only 10 years! A panicked email from a reader recently echoed in my mind: “What happens to my invention after 10 years?” That’s where the strategy of transitioning from a utility model to a patent becomes crucial. Let’s explore this important opportunity together!

⚖️ Why Isn’t 10 Years Enough?

Utility models are great tools, especially for SMEs and independent inventors:

• ✅ Lower cost
• ✅ Fast registration (6–12 months)
• ✅ No in-depth examination required like patents

BUT the protection only lasts 10 years. Patents, on the other hand, offer 20 years of protection! Here’s a side-by-side comparison:

As highlighted in the official guide by TURKPATENT, the first 3 years are critical for conversion. If you miss this window, you’ll have to apply for a new patent and risk losing your priority date!

🔄 How to Convert? 4-Step Recovery Operation

1. Claim Your Priority Right:
   File a patent application for the same invention within the first 3 years of your utility model. Your original filing date is preserved!
2. Accept Additional Examination:
   Patents require assessment of novelty, inventive step, and industrial applicability. Utility models only require novelty. Don’t forget the technical report—one attorney client lost the case over this!
3. Pay the Fee Difference:
   Any fees already paid for the utility model will be deducted. For example:
   • Utility model application: 1,500 TL
   • Patent application: 5,000 TL
     → Remaining payment: 3,500 TL
4. Submit the “Conversion Application” Form:
   Use the official FM-PT conversion form to apply.
   Note: You cannot apply if your utility model has been canceled.

⚠️ Beware of These 3 Critical Risks

• Time Trap: Act at least 6 months before the 3-year mark. One inventor missed the deadline by a week due to missing paperwork!
• Inconsistent Descriptions: You can’t add technical details in your patent application that weren’t included in your original utility model.
• Fee Shock: Annual patent maintenance fees (and penalties) can add up. Always check the latest TURKPATENT fee schedule.

💡 Personal Note: I obtained a utility model for my portable water purifier in 2019. After finding an investor in year 2, I applied for a patent conversion. It took 18 months, but now I’m protected until 2039!

🌍 Is International Conversion Possible?

Yes—via the PCT (Patent Cooperation Treaty) route:

• First, secure a utility model in Turkey.
• Then file a PCT application within 12 months to extend your priority rights to 153 countries.
  The WIPO PCT guide is a helpful resource for this process.

🛠️ Alternative Strategy: Patent + Utility Model Combo

Protect different versions of your invention separately!

• Core technology → Patent (20 years)
• Low-cost/variant application → Utility model (10 years)

This way, you gain both long-term protection and cost-efficiency.

📈 Should You Convert? Decision Matrix

💎 Final Word: “Let Your Protection Last as Long as Your Idea”

The utility model is the “fast train” of protection; the patent is the “space shuttle.” Use the former as a stepping stone to the latter. Remember: Act today so you don’t regret it in 10 years!

🛡️ Pro Tip: Check your application status via TURKPATENT’s utility model search tool. If it’s under 3 years old, consult a patent attorney now.

May your creative ideas always stay protected! 💡 See you in the next post…

📌 Useful Resources:

• TURKPATENT Utility Model to Patent Guide
• Patent vs Utility Model Comparison
• WIPO PCT for International Transition
• Fee Calculation Tool