VALIDATION OF EUROPEAN PATENTS


Procedure of validating European Patents in Turkey

European patents need to be validated according to Art. 65 EPC in order to take effect in Turkey. The validation process mainly involves payment of the official fees and providing a translation of the specification in Turkish language. It should be borne in mind that the Turkish legislation prescribes that the authentic text is the Turkish translation, and this means that the text in the Turkish language forms basis for any legal procedure based on the concerned patent. There is the exception in revocation proceedings as prescribed in Art. 70(3) EPC which is applied in Turkey. Accordingly, the original text instead of the Turkish translation forms basis in revocation proceedings if the translation confers a narrower scope. Therefore a correct translation of the patent is of vital importance.  

We provide high quality translation services and strictly apply a “double check” procedure. More specifically European patents are translated by a technically qualified translator having background in patents or a patent attorney and then the resulting translation is cross-checked by another patent attorney in order to minimize human errors.

An instruction for validation of a European patent is so simple. Sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. and indicating the European patent application/publication number would be sufficient. You can enjoy our best quality services with very competitive service fees. We also apply special reduction in service fees for bulk instructions or long term engagements.

The cost of a validation in Turkey

Offical fee: EUR-275.00
(The official fees may slightly vary depending on the exchange currency rate on the date of payment).

Term of validation

Validation term is strictly 3 months commencing from the date on which mention of the grant of the European patent is published. Once this term expires, there is no way to remedy the expired validation term.

An extension of 3 months for supplying the translation is nevertheless available provided that the request for extension is lodged and the prescribed extension fee of EUR-150.00 is paid within the validation term.

Re-validation after limitation/opposition proceedings at the EPO (Art. 99 & 105a EPC)

Translation of the amended form of a European patent after limitation or opposition proceedings needs to be lodged at the Turkish Patent Institute within 3 months from publication of the relevant decision in the European Patent Bulletin. Failure to do so has an ex tunc effect resulting in a loss of rights in Turkey such that the European patent is deemed not to have had an effect from the beginning.

Renewal fees of European Patents in Turkey

Validated patents are subject to renewal fees. A renewal fee is due on the same day of the month containing the anniversary of the date of filing of the European patent. 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 further processing. This request should be filed within two months after the notification of loss of rights.

 

Obligation to Use

European patents validated in Turkey, like all other national patents, are subject to the requirement of working of the invention within a period of 3 years starting from the publication of grant of a patent in the national patent bulletin, unless the patentee has a valid reason for not to do so (e.g. regulatory issues may take considerable time). In this case, a compulsory licensing issue may be brought into the competent courts by third parties requesting a license based on this ground, where also the licensing fee may be determined by the court depending on the circumstances.

Many patentees try to circumvent this obligation of the law by filing a licensing proposal in order block the route of compulsory licensing according to Art. 128 of the IP Law. This results, however in a more or less similar consequence as the third parties may still request a license based on patentee’s proposal where the patentee is still put into a situation something similar to compulsory licensing, where again the licensing fee is determined by the relevant court (if parties do not agree on the licensing fee). There is no sanction such as loss of rights if the invention is not used and proposal for licensing is not presented to the Turkish PTO. Therefore, filing of such proposals for licensing in order to circumvent the working requirement remains to be a questionable point of law.

Compatibility of the Turkish Patent Law with EPC

The provisions of the EPC (Rules 26-34) pertaining to the biotechnology inventions as implemented upon the directive of the European Parliament (98/44/EC) do not exist in the current legislation of Turkey. Furthermore, Turkish legislation has so far not been brought into compliance with Art. 54(4) and (5) EPC in relation to the new medical use formats (e.g. product X for use in treatment of…). However, it is the general principle that international agreements supersede the national law, and the provisions of international agreements beneficial for patentee’s interest prevail. Thus, provisions of EPC2000 can be said to be applicable provided that the patent is nationalized via EPC-validation route.