IP Topics & ArticlesEUROPEAN PATENT VALIDATIONS IN TURKEY


A correct address with respect to accuracy and consistency of translations

It is of great importance to the European patent owners to make the most of their patent assets at the maximum level by having them validated in the countries of their particular interest and targets.

Turkey has not yet signed up to the London Agreement on translations and there is no appointed schedule for negotiations to ratify the agreement. Therefore, each European patent is required to be translated into Turkish and filed at the Turkish Patent Institute in order to have an effect in Turkey.

Due date for validation of a granted European patent in Turkey is 3 months as of the date of grant decision and cannot be extendable. However, it is possible to file the translation thereof later by paying a fine provided that the request for validation is filed in due time. In that sense,

  • The translation should be Turkish language only;
  • The translation should be for the whole patent specifications;
  • It is also possible for a pending European patent application to get a provisional protection through filing claims only in Turkish; and
  • Any correction of the Turkish translations is possible but can have effect only after republication.
  • In case that the scope of the Turkish text is narrower than the original text of the European patent, the scope of the protection is construed in consideration of the corresponding Turkish text, except for the invalidation actions. In other words, incorrect translations may result in irrevocable problems when you enforce your patent rights against infringers.

It is not allowed to amend the specification at a patent enforcement or invalidation proceedings once the patent is successfully validated in Turkey and a court action is initiated related thereto. Nevertheless, any corrections before the European Patent Office can be adapted to the national validation.

All these issues indicate that a patent right holder should pay attention on correct and clear translation for the patent specifications with particular reference to the accuracy and consistency of translations under the supervision of senior patent attorneys while keeping the cost as much as reasonable.

Once  the validation of a granted European patent in Turkey is requested in time, such a request are to be examined within 1 month simply on the availability of formal requirements and checked if the European patent is filed in Turkish as it is, i.e. in respect of translation and entitlement thereof. The European patent will have effect after the publication of the Turkish text in the patent bulletin within 2-3 months. A European patent certificate is electronically issued well after the publication.

Our translators, a team of different technical and language skills

Totally 17 translators are employed in Destek Patent, to be particular, 5 in-house, 8 home-office, and 4 part time from academics. Five of our translators are multilingual [German-English-Turkish].

Their technical qualifications ranges from chemistry to electro-mechanics; namely 2 chemists, 1 biologist, 3 chemical engineers, 1 industrial engineer, 1 environmental engineer, 2 mechanical engineer, 2 electronic engineer, 1 food engineer, 1 French language specialist, 2 English language specialist, 1 Germanistic, 1 technical arts, 1 Veterinarian, with experience from 4 up to 17 years in patent translations.

Much care for best quality services

The translations are being performed in accordance with Translations Procedure (Procedure No. SP/GO/001) and Translation’s Dictionary of Specific Patent Terms, prepared under our ISO9001:2000 Quality System Procedures.

In the procedure, all operational parameters are defined extensively; i.e. timing, urgency, selection of translators in compliance with the technical field required, rating of each translation and translator, cumulative translator’s ratings, special format requirements, word-count rules, awarding & punitive measures etc.

Each translator has our confidential documents: (1) Translations Procedure (2) Sample Patent translations with common mistakes and their corrections, explanations on recommended approaches. (3) Guideline for figure arrangements and general format requirements, (4) Translation’s Dictionary of Specific Patent Terms (prepared first in 1997), (5) Copies of training materials.

All the translations are being proofread and reviewed by our patent attorneys or senior translators in their own fields, pharmaceuticals, chemistry, mechanics, electronics etc. Each translation is rated from 1 to 10 points by the reviewer attorney and each translator is annually assessed considering his/her total rating in terms of their performance of quality, accuracy, and consistency.

Meanwhile, all due dates and critical stages are checked by our department heads thanks to our in-house state-of-the art ERP, created and developed by our software engineers over the years.

And consequently

We are fully aware that the EP validation process requires a rapid response to the client priorities, high quality translation outcome by use of the technically qualified in-house translators specialized in the patent language in a secure environment with a supervision of each case by qualified patent attorneys of the respective technical field and the cost effective methods with the effective communication means.

These special requirements should be supplied by an experienced IP firm having European and native patent attorneys qualified in all fields of technology, with the support of the employees rather familiar with the formalities before the patent office and the knowledge of the English, German, French languages, and of course having a culture of effectively using the native language for formal correspondences with the patent office.

To be sure, it is important to know that there would be always infringers to free-ride the patent assets. Therefore, it may be quickly understood that a patent firm should be on the job to keep their eyes on and intervene in any illegal actions by means of its attorneys-at-law specialized in the IP matters.

Destek Patent Inc, which is experienced in the IP matters for over 30 years and ranked one in all fields of the patent prosecution as the Turkish IP statistics acknowledged over fifteen years, is entirely ready to meet the needs of the clients for painstakingly handling European patent validations in Turkey with the high quality and in-time service thanks to its highly qualified background and with over 200 employees including European and Turkish patent attorneys, attorneys-at-law and other special qualified personals in the patent task, a significant indication why it is the number one in its origin of country.

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