Patent protection in Turkey (Türkiye) can be achieved through national patent applications, in addition to PCT national phase applications or EP validation. This article provides detailed information on the national patent application process to be filed with the Turkish Patent and Trademark Office (“TPTO”) in Turkey.
Required Documents
According to the Industrial Property Code numbered 6769 (“Code”), the main piece of legislation regulating patents in Turkey, the following should be submitted:
Patent Specification
Patent specification documents (i.e., description, claims, abstract and drawings) can be submitted in Turkish or the official language of the states that are parties to the Paris Convention, the Agreement on Establishing the World Trade Organization, or countries applying the reciprocity principle. However, if the patent specifications are submitted in a foreign language the Turkish translations of these documents must be submitted to the TPTO within two months from the date of patent application in Turkey.
The patent specification should be submitted in line with the formal requirements of the TPTO with the application form.
Application Form
The application form provides information about the identities of the applicant and the inventor, patent classification, priority right claim, payment information regarding the official fees, and the preference of the applicant on early publication.
Priority Right Claim
Turkey recognizes this right under the Paris Convention, which ensures that the filing date of the first application is retained for up to twelve months.
The priority claim must be submitted with the application or within two months from the filing date. It is important to note that the priority right document does not need to be submitted alongside the priority right claim. However, the priority right document must be provided to the TPTO within three months from the filing date.
The priority right document includes the register page of the application from which the priority right arises, along with the description, claims, and, if available, drawings. Additionally, if the priority document submitted to the TPTO is in a foreign language, a Turkish translation of the register page must be submitted along with the priority right document.
Application Process
The national patent application process begins with the submission of the application. The registration process usually takes 2-3 years from the filing of the application, depending on the workload of the relevant patent examiner and the complexity of the file.
Examination of Formal Requirement
Upon submission, the application is initially examined by the TPTO for compliance with formal requirements.
If there is non-compliance with the formal requirements, two months period is provided to the applicant for corrections. Unless the necessary corrections are made within the respective period, the application will be rejected.
If the application meets these formal requirements, the search report stage begins.
Search Report
A request for a search report must be filed either at the time of application or within twelve months of the filing date without a need for a notification.
The search report lists the documents that are publicly available at the time of the report's preparation and that may be taken into account when assessing whether the invention subject to the patent application is novel and involves an inventive step.
Publication of the Application and Search Report
Patent application is published in the Official Patent Bulletin either at the expiration of eighteen months from the filing or priority date or earlier upon request by the applicant for early publication. The publication includes the application details, specifications, and the available search report.
Examination Report
The applicant must request an examination report within three months of notification of the search report by paying the relevant fee. Otherwise, the application is considered withdrawn.
To expedite the process and for convenience, the applicant can also request the examination report at the same time as the request for the search at the time of the application.
In the examination report, the TPTO examines whether the application and the related invention comply with the provisions of the Code. If the application does not comply with the Code, the applicant is notified and given an opportunity to submit opinions or make amendments without exceeding the scope of the original application. Such notifications may be repeated as necessary, but they cannot exceed three times. The applicant is granted three months from the date of notification to submit opinions or amendments. Accordingly, the applicant can:
Submit additional arguments or evidence to demonstrate the invention's compliance with patentability criteria (novelty, inventive step, and industrial application), or
Revise the claims or description to address the issues raised in the examination report (provided that such revisions do not exceed the scope of the original application).
If no response to such notification is provided within this period, the application is deemed withdrawn.
Grant Decision and Patent Certificate
If the examination concludes that the application meets the patentability criteria, a decision to grant the patent is issued and published in the Bulletin.
If amendments are required for patent grants, the applicant is given two months from the date of notification to make the required amendments. If accepted, the patent is granted and published. If amendments are not made or are rejected, the application is considered withdrawn and published in the Bulletin.
After the publication of the grant decision, upon request and payment of the certificate issuance fee, the patent certificate is issued and delivered to the patent holder.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 969 09 63
Evren Firat Goklu
Attorney at Law | Trademark Attorney | Patent Attorney