TYPES OF APPLICATION

1) Patent with Examination: It is based on the international search report and the international examination report.

2) Patent without Examination: It is based on only the international search report.

ESTIMATED TIME TO CERTIFICATE

The estimated time for validation of a Patent with Examination is 30 months.

The estimated time for validation of a Patent without Examination is 20 months.

The estimated time for validation of a Utility Model is 12 months.

PROTECTION PERIOD

Patent with Examination: 20 years.

Patent without Examination: 7 years.

Utility Model: 10 years.

PUBLICATION

Twice in the Official Bulletin:

For utility models: First one is approximately 3 months after the application for opposition purposes and the second one is for mentioning of the grant of the utility model.

For patents: First one is approximately 18 months after the application for opposition purposes and the second one is for mentioning of the grant of the patent.

OPPOSITION

3 months from the first publication in the Bulletin

CLASSIFICATION

International classification (Nice classes)

ANNUITIES

The annual fees shall be paid each year in advance at maturity during the full term of the protection period.

Where the annual fees have not been paid within this period they may be paid within the following six month period of maturity provided that an additional fee has been paid.

SUMMARY OF THE PROCEDURE UP TO REGISTRATION

Patent applications are examined for formal requirements in 2 months and there is no deficiency then Turkish Patent Institute sends a receipt letter. After receiving this letter it should be filed a search request and after receiving the report it should be filed a petition whether the applicant requests a patent with examination or not.

OBLIGATION TO USE

The patentee is obliged to use/work the invention within three years as from the date of publication of mentioning of the grant of the patent. This use should be evidenced with the relevant documents and exporting/importing as well as licensing of the same will also be acceptable. Otherwise, his willingness to authorize the use of the invention under license should be announced in the Official Patent Bulletin.

FILING REQUIREMENTS

1) Granted version of the European Patent (description, claims, drawings, abstract)

2) EPO Form 2006 - Copy of Decision to Grant

3) Publication of the grant of the patent (if available)

4) EPO Form 2544 - if any changes have been made

5) Power of Attorney (No legalization)

ESTIMATED TIME TO CERTIFICATE

Approximately 8 months

PROTECTION PERIOD

20 years.

ANNUITIES

The annual fees shall be paid each year in advance at maturity during the full term of the protection period.

Where the annual fees have not been paid within this period they may be paid within the following six month period of maturity provided that an additional fee has been paid.

NOTES

- Turkish translation of the European Patent Specification should be filed within 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

-3 months-time extension is possible if it is requested within 3 months of the publication date of the grant of the EP. For the extension request, we need only Power of Attorney duly filled in and simply signed by the applicant.

-We look forward to receiving the documents at least 1 month earlier than the due date to finish the translation to Turkish.

-Kindly note that the cost of translation is to be calculated on the basis of the Turkish translated text wherein each translated page consists of 150 Turkish translated words. For your information please note that in general, Turkish translated text turns out to be about 20 % longer than the original text.

OBLIGATION TO USE

The patentee is obliged to use/work the invention within three years as from the date of publication of mentioning of the grant of the patent. This use should be evidenced with the relevant documents and exporting/importing as well as licensing of the same will also be acceptable. Otherwise, his willingness to authorize the use of the invention under license should be announced in the Official Patent Bulletin.

FILING REQUIREMENTS

1) Copy of the international application,

2) International search report,

3) International publication,

4) Copy of International Preliminary Examination Report with amended claims if any

5) Copies of any other amended pages

6) Information on any changes made during the international phase

7) If the applicant and the inventor(s) are different bodies then explanation about how the
applicant has the right to application. (No documentary evidence is required)

8) Power of Attorney (No legalization)

ESTIMATED TIME TO CERTIFICATE

Approximately 12 months

PROTECTION PERIOD

Patent with Examination: 20 years.

Patent without Examination: 7 years.

Utility Model: 10 years.

PUBLICATION

Twice in the Official Bulletin:

For utility models: First one is approximately 3 months after the application for opposition purposes and the second one is for mentioning of the grant of the utility model.

For patents: First one is approximately 18 months after the application for opposition purposes and the second one is for mentioning of the grant of the patent.

OPPOSITION

3 months from the first publication in the Bulletin

CLASSIFICATION

International classification (Nice classes)

ANNUITIES

The annual fees shall be paid each year in advance at maturity during the full term of the protection period.

Where the annual fees have not been paid within this period they may be paid within the following six month period of maturity provided that an additional fee has been paid.

NOTES

Entering into national phase must be within 30 months of the application date (or the earliest priority date) and 3-months time extension is possible if it is requested within 30 months starting from the application date (or the earliest priority date).

Applications under PCT Chapter II are automatically prosecuted as patent with (substantive) examination whereas for applications under PCT Chapter I, applicant has the option to choose either of the patent systems (with examination or not).

We look forward to receiving the documents at least 1 month earlier than the due date to finish the translation to Turkish.

Kindly note that the cost of translation is to be calculated on the basis of the Turkish translated text wherein each translated page consists of 150 Turkish translated words. For your information please note that in general, Turkish translated text turns out to be about 20 % longer than the original text.

OBLIGATION TO USE

The patentee is obliged to use/work the invention within three years as from the date of publication of mentioning of the grant of the patent. This use should be evidenced with the relevant documents and exporting/importing as well as licensing of the same will also be acceptable. Otherwise, his willingness to authorize the use of the invention under license should be announced in the Official Patent Bulletin.

TYPES OF APPLICATION

Collective Marks, Guarantee Marks, Trade Marks, Service Marks

ESTIMATED TIME TO CERTIFICATE

12 months.

PROTECTION PERIOD

10 years from the date of filing of the application

PUBLICATION

Twice; first one is approximately 4-5 months after the application for opposition purposes in the Official Bulletin and the second one is for mentioning of the grant of the mark in the Official Gazette.

OPPOSITION

3 months from the publication in the Bulletin.

CLASSIFICATION

International classification (Nice classes)

RENEWAL

The request for renewal shall be submitted and the renewal fee paid within a period of six months before the last day of the month in which the protection ends. In failing this deadline, the request may be submitted within a further period of six months from the last day of the month in which the protection ends upon payment of an additional fee.

SUMMARY OF THE PROCEDURE UP TO REGISTRATION

Trademark applications are examined in 5 months and if Turkish Patent Institute accepts the application then it is published in Official Bulletin. Any natural or legal person may submit to the Institute an opposition against the registration of the application within 3 months of the publication. If there is no opposition then Institute decides to register the mark. Approximately 2 months after paying the registration fee we receive the registration certificate and mentioning the grant of the mark is published in the Official Gazette.

TYPES OF APPLICATION

Application of several designs may be combined in one application. However, this possibility is subject to the condition, except in cases of ornamentation, that the products in which the designs are intended to be incorporated or to which they are intended to be applied all belong to the same sub-class or to the same set or composition of items.

ESTIMATED TIME TO CERTIFICATE

12 months.

PROTECTION PERIOD

The term of protection of the registered design is five years from the date of filing of the application. The term of protection is renewable for periods of five years each up to a total term of 25 years.

PUBLICATION

Approximately 3 months after the application for opposition purposes.

For a two-dimensional design, the publication may be postponed for up to thirty months from the filing date. Mention of the deferment of the publication of the registered design will be published in the related bulletin.

OPPOSITION

6 months from the publication in the Bulletin.

CLASSIFICATION

International classification

RENEWAL

The request for renewal shall be submitted and the renewal fee paid within a period of six months before the last day of the month in which the protection ends. In failing this deadline, the request may be submitted within a further period of six months from the last day of the month in which the protection ends upon payment of an additional fee.

SUMMARY OF THE PROCEDURE UP TO REGISTRATION

Design applications are examined only for formal requirements. Designs that have no deficiency are registered and published in Official Bulletin. Any natural or legal person may submit to the Institute an opposition against the registration of the design within 6 months of the publication. In this case, we will be notified by the Turkish Patent Institute about the opposition with its justification enabling us to submit our views and observations. If there is no opposition then Institute prepares the certificate.