Patent Registration in Turkey
As a patent registration office located in Turkey, our office follows up the patent registration procedures of domestic and foreign clients before the Turkish Patent and Trademark Office(TPTO). It is possible to explain our services by dividing them into three main parts:
- Pre-application procedures
- Application and registration procedures
- Post-registration processes
Within the scope of pre-application processes, we can list our services as follows:
Evaluation of the Applicability of a Patent
Patent applications are examined and registered according to three criteria.
- inventive step
- industrial applicability
The type of application is decided by examining all or at least which of these criteria the application meets. In Turkey, inventions that do not meet the inventive step criteria but comprises the novelty can be protected as utility models if they also meet the other conditions in the law. Therefore, it should be evaluated how the possibility of registration of the application to be made can increase the chance of registrability and a strategy should be determined accordingly. At this stage, our office provides consultancy to the applicant in the light of the applicable law and makes the application by making the preparations after the joint decision.
How To File in Turkey
International patent applications can enter Turkey in several ways. They are:
- National Patent application
- PCT national phase input and
- European Patent national phase validation application
After entering Turkey once, all patent applications are subject to the Turkish Industrial Property Law No.6769.
Our office carries out the procedures that need to be done after the clients have made their patent applications, taking into account their time, and in case of need, establishes a dialogue with the client and makes the next requests, makes amendments in the content of the specification when necessary, and is in dialogue with both the client and the Turkish Patent until the registration.
How Long Does it Take Until Registration?
Patent registration in Turkey is completed in 40-50 months for national patents and 25-30 months for PCT national phase applications. For European Patents, the entry to Turkey must be made within 3 months from the date of publication of the grant. Turkey EP Patent validation is completed in 2-3 months from the application date. It is obligatory to submit the Turkish translation of the specification set in the applications.
Patents are covered by annual fees from the date of application. Annual renewal fees for national patent applications and PCT applications begin with the payment of the annual renewal fee for that year before the second anniversary from the filing date. Annual renewal fees must be paid each year in order for the application or registration to continue.
Use of the Patent and Compulsory License
It is obligatory to use the patent and notify the Turkish Patent Office of its use within three years from the publication in the Turkish Patent Bulletin that the registrations of the patent in Turkey is finalized. If a patent has not been used continuously for three years in Turkey without a valid reason, third parties have the right to demand a compulsory license against the patent owner.