TR

Patent in Turkey

 

Our office has deep knowledge and extensive experience with the patent application process. We prepare the applications and perform all the necessary follow-up for patents registered with the TPI, WIPO and EPO. We facilitate the validation of PCT and EPO applications in Turkey directly, through authorised patent attorneys, and we make use of our wide network of corresponding patent attorneys for applications filed in other countries

 

Summary for Patent Applications in Turkey

 

 1. Turkey is a member of the Paris Convention, Patent Cooperation Treaty (PCT) and the European Patent Convention.

 2. The term of protection is twenty years from the filing date

 3. 'Patent with examination' and 'patent without examination' (seven years protection) systems are available

 4. Twelve months priority right is applicable

 

Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under patent law including novelty, inventiveness (state-of-the-art) and industrial application. The Institute examines the compliance of the application to the formal requirements. Should the examination results reveal that the application suffers formal deficiencies, or that the invention is not subject to patent protection, the examination procedure is suspended and the applicant is requested to remedy the deficiencies or to notify the Institute of his objections within the period set forth in the regulations.

 

Should the examination conducted by the Institute shows no deficiency as to formal requirements or when any such deficiency has been duly remedied and completed in accordance with the requirements, the Institute shall inform the applicant that the request, if not filed earlier, for conducting the search on the state-of-the-art, is to be filed within fifteen months from the filing date. In the absence of opposition, the letters patent or the utility certificate is issued.

 

Within fifteen months from the date of filing the application, the applicant shall request the Institute to conduct the search on the state-of-the-art where priority is claimed; such period (fifteen months) runs as of the date of priority. Failure to take action causes the lapse of the application.

After receiving the search report, the applicant must decide within three months whether to proceed with substantive examination or to request the grant of a patent without said examination or as a result of deferred-examination for a period of seven years. The patentee of a non-examined patent or any third party may request before the expiration of a seven-year term (from the filing date), that the prosecution for the substantive examination be resumed in order to obtain a patent for a duration of twenty years.

 

Should the applicant request a Substantive Examination; the applicant shall request the Institute to conduct the examination after the six months following the publication of the state-of-the-art search report, where third parties may raise objections to the grant of the patent.

The Institute shall notify the applicant of the examination report it has established, as to the deficiency or meeting of patentability requirements of the application, and shall grant the applicant six months for him to rectify the deficiency, or to amend the claim(s) and to object to it. During the prosecution of the granting procedure, amendment of claims to rectify obvious errors such as spelling errors, providing of incorrect/inappropriate documents, the claim(s) may be amended only during the prosecution of the granting procedure. Also, the transformation of a patent application into a utility model application is possible.

 

The Institute shall reach its final decision after examining the applicant’s observations and, if any, the amendments made in the application. The decision of the Institute may consist of granting the patent for all or part of the claims. The application shall be open to public upon its publication, after the lapse of a period of eighteen months from the date of filing the application or, if any, from the date of the claimed priority.

 

A patent is valid for twenty years, and a utility certificate is valid for ten years. Annuities are to be paid during the final three months of each year of the protection period. However, late payment of the annuities with a surcharge is allowed within six months from the lapse of the annuity due date. It is possible to pay the annual fees in advance to cover the whole or a part of the validity period in advance.

The right to a patent may be assigned or licensed. An assignment shall have no effect against third parties, unless it has been recorded at the Patent Office and published in the Official Gazette.

 


News From IDAL IP & Law Group

IDAL IP & Law Group will attend to INTA Annual Meeting in Barcelona, Spain on May 20, 2017.

 

IDAL IP & Law Group attended to LESI Annual Meeting in Paris, France on April 20, 2017.

 

IDAL IP & Law Group has attended as a lecturer to IP2016 “Best Practices: Creating a Sustainable Technology Transfer Ecosystem” conference in Istanbul on October 26, 2016.

 

Mr. Murat Idal was a lecturer and gave full day education (LES100) to representatives of law offices, universities, and industry leaders.

 

As a board member of LES Turkey, Mr. Murat Idal gave a speech in IP consortium established with Ministry, Turkish Patent Institute and LES Turkey. Mr. Murat Idal was lecturer of serial sessions about management of IP Portfolio in companies.

IDAL IP & Law Group Armada İş Merkezi, Beştepe Mahallesi Dumlupınar Bulvarı, No:6A/18 Kat:12 Ofis:1225H6 - 06560 Yenimahalle, Ankara / TURKEY T: +90 312 295 64 13 , +90 312 4179985 E: idal@idal.com.tr Copyright © 2017