Patent: Turkey

1. Power of attorney simply signed. (Power Form)

2. Certified copy of specifications originally filed in the country of origin.

3. Specifications, claims and abstract (in about 100 words) in the Turkish language. One copy in English, French or German is needed for translation purposes.

4. Formal drawings, if any.

5. Particulars of the corresponding foreign application.

6. A certified copy of the basic application as filed along with its translation, if priority rights are to be claimed.

NOTES: 

As per the current practice of the Turkish Patent Office (TPO), the report on the State of the Art (RSA) must be requested within fifteen (15) months as of the application date. The search on the State of the Art is carried out in an office accepted as zsearching authority

Types of Protection:  

Patent with examination (enjoys a protection of 20 years) Non-Examined patent (enjoys a protection of 7 years) Utility Model (enjoys a protection of 10 years).

Priority Term:  

• 12 months (Conventional Patents).

• 30 months (PCT-Chapter 1/2).

• (33 months with a fine).

Stages:

Formal Examination by the Patent Office Search & Publication (not applicable to PCT applications) Substantial Examination Decision (Rejection/Partial Rejection/Grant).

• Late Filing of Turkish translation of specifications filed in English, German or French language is possible.

• All patent applications are published for 6 months in the monthly Patent Bulletin after completion of 18 months from the filing date/priority date.

• Since the Turkish Patent Office has no division for searching and examining patent applications, they are sent to Russian, Danish, Swedish or European Patent Offices for completion of the novelty search within 15 months from the filing date / priority date and then for the examination.

• PCT-Chapter 2) International Preliminary Examination Report is evaluated as substantial examination report by the Patent Office. In case of any negative considerations cited in the said report as to its patentability, further prosecution stages are continued by sending the responses to one of the above competent authorities.

• For Non-Examined patent protection, no examination stage is carried out and the term for obtaining the Letters Patent is between 20-24 months. However, it is possible to convert it into an Examined Patent by filing an examination request within the 7 years from the Turkish filing date.

• For utility model protection, no novelty search and examination stages are carried out and the term for obtaining the Letters Patent is about 12 months. However, this type of protection is directed to relatively simple inventions and therefore chemicals and processes cannot be protected by utility models.

Notes:

1. Late filing of the Turkish translation of the specifications filed in English, German or French language is possible.

2. All patent applications are published for 6 months in the monthly Patent Bulletin after completion of 18 months from the filing date/priority date.

3. Since the Turkish Patent Office has no division for searching and examining patents applications, they are sent to Russian, Danish, Swedish or European Patent Offices for completion of the novelty search within 15 months from the filing date / priority date and then for examination.

4. PCT-Chapter( 2) International Preliminary Examination Report is evaluated as substantial examination report by the Patent Office. should any negative considerations be cited in the said report as to its patentability, further prosecution stages are continued by sending the responses to one of the above competent authorities.

5. For Non-Examination patent protection, no examination stage is carried out, and the term for obtaining the letters-Patent is between 20-24 months. However, it is possible to convert it into an Examined Patent by filing an examination request within 7 years from the Turkish filing date.

6. For utility model protection, no novelty search and examination stages are carried out and the term for obtaining the Letters Patent is about 12 months. However, this type of protection is directed to relatively simple inventions and therefore chemicals and processes cannot be protected by utility models.

Use of Patent:

A declarations of use or non-use must be filed after 3 years from the application date, otherwise, compulsory licence decision may be given for your invention. On the contrary, applicant should file a declaration of non-use in order to keep his invention.

Declaration of Use:

1. Document no and your application date.

2. Information about the Producer Company and production place.

3. Document showing the starting date of use, and use (Export Certificate, Appraisal Report): This document should comprise the date and number of utility model 4.certificate, title of invention, starting date of use, name, address and signature of the declarant and the date of issue.

Declaration of Non-Use:

1. Document no and your application date.

2. The reason for non-use and documents regarding non-use, if any.

License Agreement (Patents):

1. License contract signed by the parties and duly notarized (signed before notary public).

2. Power of attorney simply signed.

License Agreement (Industrial Designs):

1. License contract containing the declarations and signature of the licensee and the licenser, the registration number of the design, the duration and the fees for the contract.

2. The original registration certificate of the design.

3. Power of attorney simply signed.