Patent Protection in Turkey: National Filing, PCT Entry or EP Validation?

Patent protection in Turkey can be obtained through a direct national patent application, a PCT national phase entry or validation of a granted European patent. The appropriate route depends on the applicant’s earlier filings, priority date, commercial objectives, available disclosure and applicable deadlines.

For foreign applicants, the first practical question is not simply whether protection is needed in Turkey, but which route best fits the existing patent portfolio. Optimum Patent Office assists applicants and international patent counsel with each of these routes before the Turkish Patent and Trademark Office (TÜRKPATENT).

Three Routes to Patent Protection in Turkey

1. Direct National Patent Application

A direct national application is filed with TÜRKPATENT for an invention that is to be protected specifically in Turkey. This route may be suitable where Turkey is an important market and the applicant has not already filed a PCT application or a European patent application covering the invention.

The application is examined under Turkish patent law. It requires a description, claims, abstract, drawings where applicable, applicant and inventor details, and priority information where priority is claimed. The proceedings are conducted in Turkish and foreign applicants should act through a registered Turkish patent attorney.

For a detailed explanation of the procedure, see our Patent Application in Turkey page.

2. PCT National Phase Entry in Turkey

An applicant who has filed an international patent application under the Patent Cooperation Treaty may enter the Turkish national phase. Turkey is a PCT Contracting State, and the national-phase deadline must be observed carefully.

This route enables the applicant to defer the country-by-country decision while retaining the option of obtaining patent protection in Turkey. Before entry, the applicant should review the international application, the search report, written opinion, translation requirements, applicant details and the preferred scope of claims for Turkey.

Further information is available on our PCT National Phase Entry in Turkey page.

3. Validation of a Granted European Patent

Where a European patent has been granted by the European Patent Office, it may be validated in Turkey within the applicable post-grant period. Validation is often an efficient route for applicants who have already obtained a European patent covering Turkey.

The Turkish validation procedure should be started promptly after publication of the mention of grant. Translation and formal requirements must be completed within the applicable deadline. A missed deadline can result in loss of the opportunity to validate the European patent in Turkey.

See our EPC National Validation in Turkey page for further details.

How Should an Applicant Choose the Route?

The choice usually depends on the procedural position of the case:

• No earlier international or European filing: a direct national application may be appropriate;
• A pending PCT application: a PCT national phase entry should be considered before the national-phase deadline;
• A granted European patent: validation in Turkey may be the relevant route;
• A short product life cycle or a mechanical invention: the availability of utility-model protection may also require consideration.

The decision should not be made solely by comparing filing costs. Claim scope, translation quality, the expected examination process, deadlines, annual fees, possible opposition and the relationship between Turkish and foreign proceedings can materially affect the outcome.

Patent and Utility Model Protection

Turkey also provides utility-model protection for certain technical inventions. A utility model has a different legal framework and is not suitable for every invention. In particular, the nature of the technology, the required scope of protection and the importance of inventive step should be assessed before choosing this route.

A utility model may be relevant in suitable cases, but it is not an automatic substitute for a patent application. Applicants should obtain case-specific advice before making a filing decision.

Important Deadlines

Patent rights are highly deadline-sensitive. The 12-month priority period, the PCT national-phase deadline, the period for European patent validation and the deadlines for responding to TÜRKPATENT notifications should be checked before instructions are given.

Where a deadline is approaching, please provide the filing date, priority date, publication details, available specification and current status of the foreign application as early as possible.

Request Assistance for Patent Protection in Turkey

To assess the appropriate route, please send the available application documents, priority information, applicant details and the countries in which protection is being pursued.

Contact Optimum Patent Office for assistance with patent protection in Turkey.

Procedural requirements, fees and deadlines may change. Current requirements should be verified for each individual case.