Questions on European Patent Validations in Turkey
The applicant shall have 3 months to file validation in Turkey, from the date of decision to grant at EPO.
The extension of this date is not possible.
B1 publication number of the EP registration
Turkish translation of the complete specifications
Voucher or document indicating that the application fee has been paid
The declaration of use or non-use for the patents can be filed within 3 years from the date of publication of the registration of the patents in Turkey.
This date is calculated from the grant date of the European patent at EPO.
According to the Turkish IP Code Article 130/2, the statutory period for using a patent is three years from the publication of the granting decision or four years from the application date, whichever is later. A patent must be used continuously without a valid reason for an uninterrupted three-years period.
Any interested party may request a compulsory licence offer, in case a patent is not used in three years from the publication of the granting decision or four years from the application date.
If a patent is not being used in Turkey but if it is intended to be used in the future, the applicant may also file a declaration of non-use.
According to the Turkish IP Code Article 130/2, the statutory period for using a patent is three years from the publication of the granting decision or four years from the application date, whichever is later. A patent must be used continuously without a valid reason for an uninterrupted three-years period.
According to the Article 129/1 , a compulsory licence may be given if the subject matter of a patent is not used according to provisions of Article 130.
If no declaration of use or non-use is filed until the deadline, the patents will be published in the bulletin special for the patents for which no declaration of use or non-use have been filed and therefore these patents will be open to compulsory licence offers to be requested by any interested third parties. In order to avoid these possible compulsory licence offers that might occur in the future, it is suggested to file a declaration of use or non-use for patents in Turkey
Annuity fees that are required to be paid for the patent applications in Turkey should be paid on the third year for the first time and in every following year during the protection period of the patent.
The deadline for the payment of annuity fees are the day and month that corresponds to the date of the application.
Please contact us to request a cost estimation for a European patent validation in Turkey: info@iplunar.com
Questions on National Patents in Turkey
Certain conditions are required for an invention to obtain patentable status. According to these conditions, the invention must be novel when compared to other similar inventions, the invention must comprise an inventive step and must be industrially applicable.
Novelty: An invention that is not included in the state of the art is considered novel.
Inventive Step: If an invention is not obvious to an expert in the technical field of the invention, then that invention is considered to have an inventive step when the state of the art of the invention is taken into account.
Industrial Applicability: If an invention is producible or usable in any branch of industry including agriculture, then that invention is considered to have industrial applicability.
Citizens of Republic of Turkey.
Natural persons or legal entities having residential location or involved in industrial or commercial activities within the borders of Republic of Turkey.
People who have the right of application in accordance with the provisions of Paris Convention or the Agreement Establishing the World Trade Organization dated 15/04/1994.
In accordance with the principle of reciprocity, people with nationality of states that provide protection of industrial property rights for people who are of Turkish Nationality can have right to registration by filing patent application for their inventions that are in accord with the patent registration criteria, however, the owner of the invention has to be a natural person.
Application Form
Description disclosing the subject of the invention in Turkish
Claim or Claims in Turkish
Technical figures that are referred to in description, claim or claims in Turkish
Abstract in Turkish
Voucher or document indicating that the application fee has been paid
Patent applications are submitted to Turkish Patent and Trademark Office (TURKISHPATENT) in Turkey.
An application will go through the following stages during the registration process:
Patent Application
Formalities Examination
Request for Patent Search Report
Publication of the Patent Application
Request for Patent Examination Report
Publication of Decision for Patent Registration
Annuity fees that are required to be paid for the patent applications in Turkey should be paid on the third year for the first time and in every following year during the protection period of the patent.
The deadline for the payment of annuity fees are the day and month that corresponds to the date of the application.
Please contact us to request a cost estimation for a national patent application in Turkey: info@iplunar.com
Questions on PCT National Phase Applications in Turkey
The deadline for filing a PCT national phase application in Turkey is 30 months from the priority date of the PCT application.
The extension of this date is possible for 3 months by paying the extension fee.
PCT publication number
Name and address of the applicants
Turkish translation of the complete specifications
Voucher or document indicating that the application fee has been paid
A PCT national phase application submitted to Turkish Patent and Trademark Office (TURKISHPATENT) will go through the following stages during the registration process:
Application
Formalities Examination
Request for Patent Examination Report
Publication of Decision for Patent Registration
Annuity fees that are required to be paid for the patent applications in Turkey should be paid on the third year for the first time and in every following year during the protection period of the patent.
The deadline for the payment of annuity fees are the day and month that corresponds to the date of the application.
Please contact us to request a cost estimation for a PCT national phase application in Turkey: info@iplunar.com
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