PCT National Phase Entry in Turkey
PCT national phase entry in Turkey allows an international patent application filed under the Patent Cooperation Treaty (PCT) to proceed before the Turkish Patent and Trademark Office (TÜRKPATENT). The standard time limit for entering the Turkish national phase is 30 months from the priority date. Entry is still possible up to 33 months from the priority date upon payment of the applicable additional-time fee.
PCT National Phase Deadline in Turkey
The standard deadline for PCT national phase entry in Turkey is 30 months from the priority date under PCT Articles 22(1) and 39(1)(a).
If the 30-month deadline has been missed, national phase entry may still be made up to 33 months from the priority date, subject to payment of the prescribed additional-time fee. After 33 months, reinstatement of rights may be available under PCT Rule 49.6 where the applicable due-care requirements are satisfied.
Current national-phase requirements can also be checked in the WIPO PCT Applicant’s Guide for Turkey.
Documents and Information Required
For entry into the Turkish national phase, the applicant should provide the international application details and the information required for filing before TÜRKPATENT. The Turkish translation must cover the description, claims, abstract and any text appearing in the drawings, as applicable.
The Turkish translation may be furnished within two months from the date of entry into the national phase.
Representation and Power of Attorney
Foreign applicants should act before TÜRKPATENT through a registered Turkish patent attorney. Where an agent is appointed, a power of attorney is required under the Turkish national-phase requirements. In ordinary circumstances, however, a copy of the power of attorney may not need to be filed unless specifically requested.
Search and Examination in the Turkish National Phase
If an international search report has already been established for the PCT application, no separate request for search or additional search fee is normally required upon entry into the Turkish national phase.
If no international search report has been established, a search must be requested before TÜRKPATENT and the applicable search fee must be paid.
Substantive examination is a separate stage. The request for examination must be filed within three months from the notification that the search report is available, together with the applicable examination fee. Failure to request examination within the prescribed period may result in the application being considered withdrawn.
Amendments When Entering the Turkish National Phase
Before entering the Turkish national phase, the applicant should review the international application, the international search report and written opinion, as well as any amendments made during the international phase. Where appropriate, the claims may be adapted for prosecution in Turkey, provided that any amendment remains within the disclosure of the application as filed.
Annual Fees for a PCT Application in Turkey
For PCT applications entering the Turkish national phase under the current patent law, annual fees are due from the third year onwards. The due date is the anniversary of the international filing date.
If an annual fee is not paid by the applicable deadline, it may still be paid within six months subject to payment of the prescribed surcharge. Failure to pay the annual fee and surcharge within this additional period may result in lapse of the patent right, although restoration may be available subject to the applicable requirements.
Patent or Utility Model Protection
A PCT application may enter the Turkish national phase as a patent or, where the subject matter is eligible, as a utility model application. The appropriate form of protection should be considered in light of the technical subject matter, the required scope of protection and the applicable patentability requirements.
Turkish law also permits conversion between patent and utility model applications subject to the applicable requirements and fees.
Before Entering the PCT National Phase in Turkey
Before giving national-phase instructions, applicants and their foreign patent counsel should review the priority date, international filing documents, international search report, written opinion or international preliminary examination report, amendments made during the international phase and the intended claim scope in Turkey.
Particular attention should be given to the Turkish translation. Translation errors may affect the prosecution of the application, although errors in the translation may be corrected by reference to the international application as originally filed.
Related Patent Services in Turkey
If no PCT application has been filed, see our National Patent Application in Turkey page.
For an overview of the different routes available for obtaining patent protection, see Patent Protection in Turkey.
Request Assistance with PCT National Phase Entry in Turkey
For an initial review, please provide the PCT application number, priority date, international filing documents, available search or examination reports and details of any amendments made during the international phase.
Contact Optimum Patent Office for assistance with PCT national phase entry in Turkey.
Procedural requirements, official fees and deadlines may change. Current requirements should be verified for each individual application.