PCT NATIONAL PHASE ENTRIES IN TURKEY

Turkey is a member of EPC and PCT, and accepts nationalization of patents via both routes. A PCT national phase can be filed before the Turkish PTO as a designated or elected office, and applications received via this route are treated as national patent applications. Turkish PTO in this case dispenses with the search requirement and directly treats the application with substantial examination.

It should be borne in mind that;

  • an application which validly enters to Turkey as a Chapter-II application, and which has a positive International Preliminary Report on Patentability (IPER), can directly be granted without substantial examination.
  • an application nationalized under Chapter-II with a negative IPER is treated with 2nd examination (note that applicant may request examination up to three times),
  • An application nationalized under Chapter-I with a negative IPER is treated with 1st examination (note that applicant may request examination again up to three times).

Deadline for PCT National Phase Entry in Turkey

Normally the deadline for nationalization of PCT applications is 30-months from the earliest priority date. However, a national phase entry up to 33 months is still possible provided a surcharge of EUR-100,00 is paid at the time of belated entry.

Costs upon national phase entry

Basic filing fee: EUR-200,00  + translation costs

Examination stage

Official fees: Fee of the competent Examination Authority.

In addition, applicant must select a foreign authority in order to carry out the examination work on behalf of the Turkish Patent Institute. Following are the examination authorities having such competence:

  • Russian Patent Office:    USD-354,00
  • Danish Patent Office:      EUR-885,00  
  • Swedish Patent Office:    EUR-944,00
  • Austrian Patent Office:    EUR-680,00

Turkish Patent Institute applies “examination cycles” if the first examination report contains a negative opinion. Applicant is then invited to respond to the first examination report and pay again the examination fee (second cycle). If the second examination report still contains a negative opinion as to patentability, a third chance, which is actually the last chance, is given to overcome the objections in the negative report where applicant needs to pay again the examination fee (third cycle). If the third examination report does not allow any claim in the claims set, application is eventually refused. If the examination reports reference at least one claim as being patentable, application may proceed to grant based on the allowed claim(s).

Grant stage

Official fees: EUR-90.00
Once the application is found to be allowable by the TPI, applicant is invited to pay the grant fee mentioned above in order to proceed to grant and publish the same in the official bulletin.

Renewal Fees

Turkish patent applications nationalized through the PCT route are subject to renewal fees from the second and each subsequent year calculated from the filing date of the application. A renewal fee is due on the same day of the month containing the anniversary of the date of filing of the national patent application. If the applicant fails to do so, such renewal may still be paid within an additional term of six months with surcharge. The accumulated renewal fees up to the date of national phase entry may be paid without surcharge.

Failure to pay the renewal fees within the additional 6 months results in loss of rights which can only be remedied with a request for re-establishment of rights. TPI strictly applies the “all due care” criterion such that the reason for failure was caused by unforeseeable reasons and applicant has duly spent every effort for not to cause any loss of rights.

Appeal

Normally decisions of the TPI can be brought into the attention of Board of Re-examination and Evaluation acting as a kind of Board of Appeal. However, decisions pertaining to substantive issues such as patentability, generally do not deviate from the findings of the Examination Reports. Therefore, this Board mostly reviews procedural matters such as whether a procedural violation ever had occurred in the grant procedure. Decisions of this board can be appealed before the Specialized IP Courts in Ankara.