Patent in Turkey
Patent in Turkey

 In Turkey, the current law pertaining to the protection of patent rights is Decree-Law 551 which is in force as from June 27, 1995. Patentability criteria are world-wide novelty, inventive step and industrial applicability. For utility models, inventive step is not required and inventions on processes and chemicals are excluded in Turkey.


Turkey has become a party to the Patent Cooperation Treaty (PCT) on July 7, 1995 and PCT has started being applied forTurkey as from January 1, 1996. Being effective as of January 29, 2000, Turkey has also become a signatory of the European Patent Convention (EPC).
 

National Patent / Utility Model Applications in Turkey

 

Upon submission of the required documents, a patent / utility model application can be filed in Turkey and a protection can be obtained with duration of 20 years for examined patents, 7 years for unexamined patents and 10 years for utility models. However, processes and chemical inventions can not be protected by utility models. Where the (substantive) examination request is made within the period of 7 years and the patent granted after such (substantive) examination is conducted, the term of the patent shall be completed to 20 years as of the date of filing the application in Turkey.

Depending on an examination on formal terms of application, the Turkish Patent Institute conducts novelty searches and substantive examinations on patents falling under certain International Patent Classifications. The TPI also has agreements with various searching/examining authorities such as Swedish, Danish, Russian, European Patent Office and Austria authorities at present for these tasks. It is up to the applicant of a Turkish case to choose the desired authority. Subject to an additional fee, only the Austrian Patent Office performs accelerated searches/examinations.

 

 

PCT National Phase Entries in Turkey

 

A PCT application in the National Phase can be filed in Turkey upon completion of the required documents. PCT applications entering into national phase are not subject to search procedure since International Search Reports are readily accepted by the TPI After expiration of the 30-month period, Turkish translation may be filed within a month by paying an additional fee. The entry into national phase may be made belatedly within 3 months following the end of 30-month period, upon payment of the official filing fee with a fine.

Applications entering into national phase in Turkey under Chapter II are automatically prosecuted according to patent system with (substantive) examination whereas for applications entering into national phase in Turkey under PCT Chapter I, applicant has the option to choose either of the patent systems.
 

Validation of European Patents in Turkey

 

All the processes about the European patent application (examination of the structure, search, publication, investigation, registration decision and opposition) are executed by European Patent Office (EPO).

European Patent Validation affords the same level of legal protection as a national patent; if it is filed in the designated countries within 3 months from the mention of the grant decision on the European Patent Bulletin and it is valid for 20 years as from the filing date.

A granted European Patent can be validated in Turkey with a single application and registration procedure, upon translation of the specification into Turkish and submission of the other requirements

Moreover, it is possible to enable the European Patent application to have effect with regard to third parties within Turkey, by submitting Turkish translation of the claims to the Turkish Patent Institute during the application stage of the European Patent which are to be published in the official bulletin.
Name and address of the applicant;
– Name and address of the inventor;
– Prints of the representations (preferably not exceeding 80 x 80 mm)
– The Power of Attorney, simply signed/executed by the applicant, notarization or legalization is not required (Legalization of the Power of Attorney is only required for actions such as voluntary cancellation, withdrawal, recordal of changes, or deletion of goods);
In case of claiming priority:
– The certified copy of the priority application / registration including the priority date and number. (needs to be supplied with an English translation if the original is in another language)