Question

1. X Company. applies for a patent on March 3, 2016 in Turkey for baby diapers. Before the patent is registered and the patent application is published, it starts marketing the product on May 1, 2016. Upon X Companies request for early publication the application is published on September 1, 2016 and the patent is registered by Turkish Patent Office on March 30, 2018
   1. Does the marketing of the products by X Company have any adverse effects on novelty? Why?
2. 2. Had X Company on January 2, 2016, before the patent application, given the diapers to 100 families with children for testing for one month, would it effect the novelty?
3. 3. If X Company makes a patent application for the same invention on April 3, 2017 in Germany, would the application in Germany be novel? What is the requirement for the German application to be novel?
   4. The general manager of X Company wants to make an application in America after getting a patent in Turkey on March 30 2018. Would it be possible to get a patent in America?
4. 5. If Y Co. applies for the same product (same invention) in England on March 5, 2016, would it get a patent in England?
   6. If Y Co. applies for the same product (same invention) in Turkey on March 5, 2016, would it get a patent in Turkey?

g.In the event explained in (b), would Y Co. get a patent in England, if it applies for the same product (same invention) in England on March 5, 2016, would it get a patent in England?

Answer 1

Answer a:

Marketing of the products by X Company does not have any adverse effects on novelty since; the application for patent had been filed with Turkish Patent Office on March 30, 2018 and they started marketing the product from May 1, 2016. Thus, the company had already filed for patents before the performance of the marketing activities.

Answer b:

Testing of the newly invented product by the company over a very limited group does not hamper novelty. This task is performed only with the intention of testing the practicability and originality of the product. Thus, even if X Company on January 2, 2016, before the patent application, had given the diapers to 100 families with children for testing for one month, it would not affect the novelty of the product.

Answer c:

If X Company makes a patent application for the same invention on April 3, 2017 in Germany, the application in Germany would not be novel since X company has already applied in Turkey for the patents right and as per the IPR law in Germany, one cannot apply for the same invention in two different regions.

Answer d:

It would not be possible to get a patent in America, since a company can apply in only one geographical region for the patient and that would be applicable worldwide.

Answer e:

Y Company will get the patent for the same product in England since, the patent for the product has been applied by company X on March 30, 2016 which is after the application for the patent by Y Company.

Answer f:

Y Company will get the patent for the same product in turkey since, the patent for the product has been applied by company X on March 30, 2016 which is after the application for the patent by Y Company.