TURKISH PATENT APPLICATION

We represent our clients before the Turkish Patent Institute in filing and prosecution of the national filings in Turkey. Turkish patents are granted for a term of 20 years having effect within Turkish territories, and are subject to search and examination that are to be carried by a foreign authority selected by the applicant. An applicant also has the liberty to obtain an unexamined patent after receiving the official search report. In this case, a patent is granted without substantive examination for a protection term of 7-years. Following is a simplified scheme showing an overview of national patent application procedures in Turkey.


Filing stage

Official fees: EUR-12.00 (basic filing fee)

Also a search fee needs to be paid within 15 months from the earliest priority date or otherwise from the filing date. There are a number of Searching Authorities which conduct searches on behalf of the Turkish Patent Office, each having a different official fee as given below;

Russian Patent Office : USD-354,00
Austrian Patent Office : EUR-1.040,00
Swedish Patent Office : EUR-1.180,00
Danish Patent Office : EUR-1.298,00
European Patent Office : EUR-2.762,00


Applicant should choose one of the aforesaid competent offices and pay the corresponding fees within the said 15 months timelimit.

Possible additional fees:

There are no additional fees for instance for excessive number of claims and description pages.

Language of filing:

Normally, national patent applications should be filed in Turkish and a translation thereof (English, German, or French) depending on the searching authority must be supplied upon requesting the search. However, a national patent application may also be filed in English, German or French provided that an additional fee is paid for supplying the translation in Turkish within one month.

Requirements of a national patent application in Turkey:
Applicants must supply the following items in order to meet the basic requirements prescribed by the law:

-    Petition of filing requesting grant of a national application,
-    a description of the invention,
-    one or more claims,
-    any drawings referred to in the description or claims,
-    an abstract,
-    payment of the official fees.

Examination stage

Official fees: Official Fee of the competent Examination Authority.

If applicant selects an examination authority who acted for the same application also as the searching authority, special discounts apply. However, searching and examination authorities are not needed to be necessarily the same.


Additional Requirements:
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
Austrian Patent Office : EUR-680,00
Swedish Patent Office : EUR-944,00
Danish Patent Office : EUR-885,00


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-91.00

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 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.

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.

Oppositions / Third Party Observations

The current patent law does not allow post-grant oppositions to the granted patents in Turkey. As a post-grant action, third parties may only proceed with filing a lawsuit requesting nullity of the concerned patent before the competent courts.

Third party observations, however are allowed only in certain points of the grant procedure. Therefore, observations filed in other time points of the procedure have no effect at all.

First time point is that, observations can be filed within six months after publication of the search report in the official bulletin. This would have no substantial effect if the observations are not filed in two languages (i.e. Turkish and the language of the competent Examination Authority) simply because the foreign Examination Authority should be able to interpret the observations. Observations may be considered by the applicant and can be regarded as a warning pushing the said applicant to restrict the claims’ scope or even withdraw the application depending on pertinence of the cited prior art.

However, the applicant has also the chance to ignore the observations and request an unexamined patent. This request is published in the official bulletin giving a chance to third parties to request examination of the application, and along with this request, file their observations in two languages (i.e. Turkish and the language of the competent Examination Authority). As noted, examination request is made by the third parties and therefore the relevant fees must be paid by them.

It should be borne in mind that there is no other chance to file observations in subsequent stages, such as in the examination procedure.