Validation of European Patents B2 and B3 Publications in Turkey
European patents whose registration has been completed must be submitted to the Turkish Patent and Trademark Office for validation within 3 months from the publication of the grant in the relevant bulletin if Turkey is included in the application at the time of submission. After this period has elapsed, it is no longer possible to validate the European Patent in Turkey.
It should be noted here that additional time may be requested to submit the translation before the end of the 3-month period. If the applicant pays the additional time request fee along with the validation fee, he or she can gain 3 months of additional time starting from the end of the regular 3-month validation period.
What Happens in the Case of a Post-Registration Amendment?
Naturaly, the same applies to Amendments B2 and B3 of the European Patent. It is necessary to carry out the same application for the patent, which is subject to amendment after the grant’s publication.
If a European patent that has been validated before the Turkish Patent and Trademark Office has changed for some reason (amendment or after limitation), this change must be revalidated at the Turkish Patent and Trademark Office within 3 months after it is published in the relevant European Patent Bulletin. Failure to revalidate a changed European patent before the Turkish Patent and Trademark Office within the 3-month time period may result in the patent being unenforceable in Turkey. Its effect starts from the first date of the application.
The right to request additional time is also valid for B2 and B3 validations. In addition to the submission fee for the translation, the applicant may request for the translation to be submitted in an additional time period and pay the additional time request fee for this. Thus, in addition to the existing 3-month application period, a 3-month period will be added, starting from the end of the first 3-month period. This provides more flexibility for applicants who may need more time for their B2 and B3 validations to be translated and submitted. However, it’s important to note that the additional time request fee must be paid within the first 3-month period in order to take advantage of this option.
How to Apply for European Patent Validation
In any case, for the publication of the validity of the registration in Turkey, the Turkish translation of the specification of the registered patent must be submitted to the Turkish Patent and Trademark Office.
- Publication page of grant decision
- Description (Turkish translation)
- Claims (Turkish translation)
- Abstract (Turkish translation)
- Drawings, if any
If the European Patent is to be valid in Turkey, it must be validated by applying to the Turkish Patent and Trademark Office within the period of time or by requesting an additional three months. If the patent, which has been validated once, has changed as a result of an objection or narrowing, the same process should be followed again.
Finally, For the amended European patent, an application should be made to the Turkish Patent and Trademark Office in due time, and the amended specifications should be submitted with their Turkish translation. In other words, failure to comply with the validation procedure will render the patent invalid in Turkey. Additionally, any subsequent amendments or changes to the patent must be validated through the same process.
Contact us for more information about the validation of European patents in Turkey.