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DESTEK provides a full range of patent services from FTO analysis to licensing through prosecution and enforcement to help our clients manage and protect their valuable patent portfolio throughout the patent life cycle, both domestically and internationally …

According to Turkish Patent System, similar to the patent laws in Europe and other developed countries, the following issues are comprehensively laid down;  

  • Granting by examination and non- examination system,

  • Utility model certificate,
  • Patentability criteria (novelty, inventive step and industrial applicability)
  • Worldwide novelty,
  • Patent protection for pharmaceuticals and their production methods,
  • Publication of applications,
  • Opposition by third parties,
  • Protection terms starting from date of application (7 years for non-examined patents, 10 years for utility models and 20 years for examined patents),
  • Compulsory license compatible with TRIPS agreement and
  • Employee inventions.

There are presently three routes for filing a patent application in Turkey, namely;

  • conventional application;
  • entry into the national phase under the Patent Cooperation Treaty; and
  • nationalization of a granted European patent under the European Patent Convention.

The protection period of a patent is 20 years whereas of a utility model is 10 years. As an option, it is also possible for an applicant to delay substantial examination stage for 7 years by obtaining a non-examined patent protection. 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.

Patent applications should be filed in Turkish. The description and claims may be filed in English, French or German initially, but a Turkish translation should be submitted within one month of filing. An applicant with no domicile or business seat in Turkey should appoint a Turkish patent attorney registered before the Institute. Power of attorney is not mandatory for patent applications.

Decree-Law 551 on the protection of patents, which entered into force on June 27 1995, is the main legislation covering both patents and utility models. Turkey’s has signed several international treaties forming patent infrastructure:

  • Paris Convention on the protection of industrial property (1925)
  • Patent Co-operation Treaty (01.01.1996)
  • trasbourg Agreement concerning the international patent classification (01.10.1996)
  • Budapest Treaty on the international recognition of the deposit of micro-organisms for the purpose of patent procedure (30.10.1998)
  • European Patent Convention (01.11.2000)

All applications are to be officially recorded asto filing date, hour and minute by stamping it on the application cover page. Official notice of filing number is issued within 2-3 weeks. After filing, the stages to be carried out vary in accordance with the type and route of the patent application in Turkey. For a conventional patent application, it takes about four to five years from filing to registration and the following stages are carried out:

  • formal examination (one to three months);
  • novelty search (should be requested within 15 months from the filing/priority date);
  • publication of the application (18 months from the filing/priority date);
  • publication of the search report (after completion, about one year from the request);
  • decision for the selection of patent type (either an examined patent for 20 years or non-examined patent for seven years);
  • substantial examination and further prosecution (three examination at most); and
  • grant or rejection.

it is possible for an applicant to delay substantial examination stage for 7 years by obtaining a non-examined patent protection in Turkey.

Third-party observations against the patentability of a patent application may only be filed with the Institute during the examination of the application (before grant), within six months from the date of publication of the search report. The relevant documents must be enclosed. The examiners will take the observations into consideration during the examination process.

It is not possible to file an opposition against a granted patent before the Institute based on the grounds that the application does not contain a unity of invention, novelty or inventive step, unless it does not meet the formal requirements. It is always possible to take court action to render a granted patent invalidated on this basis.

For utility models, oppositions can be only filed during the three months period from the publication date of the application and, in such a case, the Institute issues an official letter and invites the applicant to file a response against the said opposition in a further 3 months. It is not obligatory for applicants to respond it and may directly claim for granting.
Basically depends on the specification to be translated, route and type of the selection as well as charging policy of the patent attorney. 

Please contact us to receive a cost estimate within 24 hours at most. In Destek Patent, almost all patent work is performed on a flat fee basis. Subsequent to filing an application, there will be no further cost to you until a crucial stage is to be taken with the Turkish Patent Institute, for example, request for a search/examination report or for registration fee.
They are payable for second and each subsequent year from the relevant filing date, that is, Turkish filing date for conventional applications, international filing date under PCT or EPC. The annuities which are due or over due should be paid in advance upon entry in Turkish Phase. Payment of an annuity may be delayed for 6 months by paying a fine. Delays in meeting time limits for payment of annual fees may be excused in case of force majeure.
Patents must be used within 3 years as of the publication date of grant decision in Turkey. It is also required to file an evidence of use to the Turkish Patent Institute. The use must be by manufacturing the product directly, or it may be by granting license, having the product manufactured or exportation. Failure to do so would not cause any loss of the patent rights but any interested person may request that a compulsory licence be granted.
Assignments and mergers should be recorded in the Institute in order to have an effect vis-à-vis third parties. Besides, it is important for foreign right owners to note that the Courts will issue a notice of invitation directly to the registered address, i.e. in case a trademark cancellation lawsuit basing on non-use is filed thereagainst.
Destek Patent has extensive experience and expertise in domestic and international patent protection, independent indications of which the firm has been continuously named as Turkey’s top-ranked IP firm for more than 20 consecutive years according to official patent filing and registration statistics by the Turkish Patent Institute by managing a total patent portfolio of about 10.000 domestic and 1.000 foreign patents and utility models. We understand clients’ needs and expectations regarding expert counseling, fast response, clear communication and cost-effective quality trademark services. Should you require our professional services, please just contact us through global@destekpatent.com.tr.


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