The legal base for registration and protection of patents/utility models is the Industrial Property Law No. 6769, which entered into force as of January 10, 2017. Turkey also accede to international agreements of PCT as from January 1, 1996 and EPC as from November 1, 2000.
Patents are the property rights which are granted for novel, inventive and industrially applicable technical inventions. In Turkey, the term of the patent protection is 20 years. A right of priority can be used during a period of twelve months from the date of filing of the first application.
On the other hand, the period of validity for protection for utility models is 10 years starting from the filing date. A utility model is patentable if it is novel and industrially applicable, and unlike patents, utility models are exempt from requiring an inventive step. Since they cover rather simple inventions, they are granted for products but not for methods/processes and chemical compounds/compositions.
VALITRA assists its clients in all steps of patent/utility model protection with a full coverage of technical areas. Our company essentially renders drafting, filing and prosecution services nationally, and EP validation and PCT national entry services internationally. The major services provided are:
- prior art searches,
- drafting new inventions,
- filing and prosecuting patent/utility model applications,
- EP validations,
- PCT national entries,
- post grant services,
- patent infringement analysis,
- FTO analysis,
- monitoring renewals.
National Patent/Utility Model Applications
When filing for a patent/utility model application, following documents are required:
- application form,
- name and contact information of the applicant,
- detailed description,
- abstract of the disclosure,
- payment of the official filing fee.
Apart from these documents, a copy of the priority document and its certified translation into Turkish must be submitted, if claimed. The submission of Power of Attorney is not required during filing procedures of patents/utility models. Also, it should be noted that in order to conduct a patent prosecution, a registered Turkish patent attorney must be appointed if the applicant does not reside in Turkey.
Patent/Utility Model Renewals
According to Industrial Property Law No. 6769, annuity payments start from the 3rd year of the filing date. The request for annuity payment may be filed within six months prior to the expiration date. The annuities can also be paid within six months following the expiration date with a surcharge.
Turkey is a member of EPC since November 1, 2000 and European patents filed starting from this date can be validated. The validation must be filed within (a non-extendable time limit of) three months following the publication of granted patent in the European Patent Bulletin. Translation of whole patent document including the title, abstract, description, claims and drawings is required. No Power of Attorney is required. Again, a registered Turkish patent attorney must be appointed if the applicant does not reside in Turkey.
PCT National Entries
Turkey is a member of PCT since January 1, 1996. PCT applications can enter into national phase within thirty months from the priority date. After this term, entry into the national phase for another 3 months with a surcharge is possible. Translation of PCT application into Turkish can be submitted during application stage or within 2 months from entering the national phase without a surcharge. Power of Attorney is not required. And, a registered Turkish patent attorney must be appointed if the applicant does not reside in Turkey.