Patent Application in Turkey

A direct national patent application provides protection for an invention in Turkey through the Turkish Patent and Trademark Office (TÜRKPATENT). This route may be appropriate for foreign applicants seeking protection specifically in Turkey, particularly when a PCT application or a European patent application is not being used.

Optimum Patent Office assists foreign applicants and their international  patent counsel with the preparation, filing and prosecution of Turkish national patent applications.

Routes to Patent Protection in Turkey

Patent protection in Turkey may be obtained through three principal routes:

• A direct national patent application filed before TÜRKPATENT;
• A PCT national phase entry in Turkey; or
• Validation of a granted European patent through the European Patent Convention system.

The appropriate route depends on the applicant’s earlier filings, priority position, target countries, deadlines and commercial strategy. This page concerns direct national patent applications filed in Turkey.

Patentability Requirements in Turkey

For an invention to be protected by a patent in Turkey, it must satisfy three principal requirements.

Novelty

The invention must not form part of the prior art. Public disclosure anywhere in the world before the relevant filing or priority date may affect novelty. Turkish law provides a limited grace period for certain disclosures made in specified circumstances; however, applicants should normally avoid disclosing the invention before filing.

Inventive Step

The invention must not be obvious to a person skilled in the relevant technical field in view of the prior art. The assessment considers the invention as defined in the claims rather than merely its commercial advantages.

Industrial Applicability

The invention must be capable of being made or used in an industry. Abstract ideas, discoveries and subject matter excluded from patentability cannot obtain protection merely by being described as an invention.

Documents and Information Required

A Turkish national patent application generally includes:

• Applicant’s name, address and nationality;
• Inventor’s name and address;
• A description explaining the invention;
• One or more patent claims defining the requested scope of protection;
• An abstract;
• Drawings, where applicable;
• Priority information and the priority document, where priority is claimed; and
• Information explaining how the applicant acquired the right to apply if the applicant is not the inventor.

The application is prosecuted in Turkish. Foreign applicants who are not resident in Turkey should conduct the proceedings through a registered Turkish patent attorney.

National Patent Application Procedure

1. Filing and formal examination: The application is filed electronically with TÜRKPATENT and checked for compliance with formal requirements.
2. Search: A search is carried out to identify prior-art documents relevant to novelty and inventive step. If the search is not requested at filing, the applicable request period must be observed.
3. Publication: The application is published according to the applicable publication timetable.
4. Substantive examination: Examination must be requested within the prescribed period following notification of the search report. The applicant may submit observations and amendments in response to the examination report.
5. Grant or refusal: If the statutory requirements are met, the patent is granted and published. Third parties may use the available opposition procedure within the statutory period.

Flow Chart of a National Patent Application

How Long Does a Patent Application Take in Turkey?

There is no single fixed duration applicable to every application. The total period depends on the technical field, the search and examination workload, the objections raised by the examiner, the applicant’s response times and whether amendments or further reports are required. Applicants should therefore avoid relying on a guaranteed registration period.

Patent Term and Annual Fees

A Turkish patent may remain in force for up to 20 years from the filing date, provided that the required annual fees are paid. Under the current system, annual fees are due for the third year and each subsequent year. The obligation continues while the application is pending and after grant.

A missed annual fee may generally be paid within the applicable additional period together with a surcharge. Failure to complete payment within the available period may result in loss of rights.

Direct Filing, PCT Entry or European Patent Validation?

A direct national filing should not be confused with a PCT national phase entry or validation of a European patent. A direct application begins before TÜRKPATENT. A PCT national phase entry is based on an earlier international application, while European patent validation follows the grant of a European patent.

Applicants who have already filed a PCT or European patent application should first check the relevant deadlines before choosing the national filing route.

Request a Quotation

For a quotation, please provide the filing or priority date, applicant and inventor details, the available specification, claims, abstract and drawings, and information about any earlier patent application.

Contact Optimum Patent Office regarding a patent application in Turkey.

Official procedural requirements and fees may change. Current information should be confirmed at the time of filing.