To file a patent in Turkey, the process must be conducted through the Turkish Patent and Trademark Office (Türk Patent ve Marka Kurumu – TURKPATENT). TURKPATENT is responsible for managing intellectual property registration applications in Turkey.
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What is a patent in Turkey?
A patent in Turkey is an exclusive title and right granted by the RPI to all inventions. This patent gives the right to prevent anyone from copying, using, distributing, or selling the invention without permission. The duration of an invention patent is 20 years.
How to file a patent in Turkey?
In Turkey, the official language for patent filing is Turkish, and patent applications must be submitted in Turkish. Filing a patent application in a foreign language is generally not possible.
Also, you may need to file a trademark in Turkey.
What are the required documents needed to file a patent in Turkey?
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- A patent description: Specification, claims, and abstract. Drawings, if applicable.
- Power of Attorney, duly signed by the applicant.
- Translations (if necessary): In Turkey, the official language for patent filing is Turkish. If your application documents are in a language other than Turkish, you may need to provide Turkish translations of the application documents.
- Assignment Documents from the inventors.
- Certified copy of the Priority Application. Not necessary for PCT cases.
How is the Patent process in Turkey?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation of the patent application.
- Formal Examination: From an administrative process it is verified that the information on the forms is complete and adequate. Suppose any of the formal requirements are not complete. In that case, the Patent Office will issue a notification inviting the applicant to complete the missing information or documents within a three-month term. Said term is non-extendable.
- Publication: After the formal examination and if the application is found to be in order, the patent application is published in the Turkish Official Gazette. This publication serves to notify the public about the existence of the patent application. Oppositions and observations are available for third parties within the first 90 days of publication.
- Substantive Examination: Once the examination fees are paid, patent examiners at TURKPATENT will conduct a substantive examination of the patent application. This examination involves a thorough assessment of the invention’s novelty, inventive step, and industrial applicability to determine if it meets the requirements of patentability under Turkish law.
- Grant: Once the application passes the substantive examination, the patent is granted in Turkey.
Patent term:
20 years from the date of filing of the application.
Average time from filing to grant:
The average time from filing to granting a patent in Turkey is from 3 to 5 years.
Grant, validity term and maintenance fees
Once the patent in Turkey is granted, it will be valid for a period of 20 years. Maintenance Fees are paid annually and they are calculated from the international filing date.
The first annuity Fee should be paid on or before the 2nd Anniversary of the international PCT filing date (or national filing date if it is a Paris convention application). That is to say, it should be paid before starting the 3rd year.
Subsequent renewal fees should be paid annually in advance, before each anniversary of the filing date.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Turkey through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
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This content may suffer modifications due to updates in the official regulations of Turkey.
