For foreign patent applicants, extending their intellectual property rights into Turkey presents a valuable opportunity to protect their inventions in a rapidly growing market. International applicants can choose from three primary routes to file for patent protection in Turkey: national patent application, PCT national phase entry, and European patent validation. Among these, the most practical route is often validating a European Patent in Turkey after the examination and grant processes are completed at the European Patent Office (EPO). However, we believe that by adopting a different strategic approach, applicants can enhance both the chance of registration and the scope of protection in Turkey.
Three Routes to Patent Registration in Turkey
- National Patent Application Foreign applicants can file a direct national patent application with the Turkish Patent and Trademark Office (TURKPATENT). This route allows applicants to submit their invention for examination under Turkey’s national laws and guidelines.
- PCT National Phase Entry Turkey is a member of the Patent Cooperation Treaty (PCT), which offers a simplified process for entering the Turkish national phase. Through this route, applicants can enter Turkey within 30 months of the international filing date. One key advantage of this route is that applications can be processed as either a patent or a utility model, depending on the applicant’s goals and the invention’s characteristics.
- European Patent Validation The validation of a European Patent in Turkey is considered the most convenient option for applicants who have already filed and prosecuted their application through the European Patent Office (EPO). After a European Patent is granted, the applicant can validate it in Turkey within three months. This process secures the same rights as a national Turkish patent.
An Alternative Strategy: Dual Filings for Increased Protection
While validating a European Patent in Turkey is an efficient method, a more nuanced approach can enhance patent protection. Applicants can file for both European Patent before EPO and a national application (either via the PCT national phase or as a priority-based national filing) before TURKPATENT simultaneously. This dual strategy offers several advantages:
- PCT National Phase and Utility Model Options: When an applicant enters Turkey through the PCT national phase, the application can be filed either as a patent or a utility model. Utility models are particularly advantageous for inventions that may not fully meet the patentability criteria, such as the inventive step (non-obviousness). By opting for a utility model, applicants can secure a 10-year protection even if a patent grant is not feasible.
- Examination Process for Patentability: The applicant can request examination for the PCT national phase application in Turkey. Based on the results of this examination, amendments can be made to the claims to meet the patentability requirements. If the invention does not meet the threshold for patent protection, it may still qualify for protection as a utility model, thus ensuring at least some form of protection.
- Claim Differentiation for Dual Protection: In cases where both a European Patent and a PCT national phase application are filed, the claims in each application may evolve differently during examination. If the claim sets in the two applications diverge, both patents can coexist, offering the applicant parallel protection. If the claims overlap, the applicant will need to choose between the two, selecting the most advantageous route.
Enhancing Patent Success with Strategic Amendments
This dual-filing strategy can be particularly beneficial for inventions facing challenges in terms of the inventive step. By simultaneously pursuing national protection in Turkey and a European Patent, applicants have the opportunity to revise claim sets in each jurisdiction, increasing the chance of a favorable outcome in at least one of the processes.
In some instances, securing a utility model registration in Turkey can provide a safety net while pursuing a European Patent. Once the European Patent is granted, the applicant can request validation in Turkey, where the existing national application may serve as a comparative benchmark.
Maximize Patent Protection in Turkey
By following this strategic approach, foreign applicants can maximize their chances of obtaining protection in Turkey. Whether through a national patent application, PCT national phase entry, or European Patent validation, combining these routes and leveraging the options available under Turkish law offers a robust framework for safeguarding inventions in a competitive market. For applicants concerned with inventive step challenges, the flexibility of the Turkish patent system offers a valuable tool to secure intellectual property rights.
Contact us for your questions about patent registration in Turkey