Utility Model, The Right to File an Application

"According to Article 157 of the Decree Law numbered 551, if the innovation subject to the Utility Model Certificate is innovated in the same time by more than one person and one of them files an application, the right to request the Utility Model Certificate is determined in accordance with Articles 11 and 12 of the same Decree Law. Further, the competent authority to decide whether the applicant has the right to request a Utility Model Certificate is the Court, according to Article 161.

Even though the Court cancelled the plaintiff's application on the ground that the machine subject to the utility model application was found not novel upon an expert examination, the Court's examination of the novelty quality was found inappropriate in accordance with the above mentioned articles. Instead of determining whether the applicant had the right to request a Utility Model Certificate, the Court was first supposed to determine who had the right to request a Utility Model Certificate.

Moreover, it was found inappropriate that the Court canceled the utility model application instead of issuing a determination ruling if it is determined that the plaintiff has no right to file a utility model application." (11th Circuit of Court of Appeals, 2006/5404, 2007/8219, D. 28.05.2007)

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