Frequently Asked Questions

We summarized some important facts as to Turkish patent system for your convenience. For more detail, please review patent section of our website or simply contact us.

 

Question ?

Which governmental organization deals with Intellectual Property aspects in Turkey ?


Answer :

The answer is Turkish Patent Institute (TPI). You can www.turkpatent.gov.tr for more detailed information.

 
 

Question ?

Which international patent treaties is Turkey member of ?


Answer :

Turkey has been a part of PCT and adopted the EPC on November 1, 2000.

 
 

Question ?

Which patent practice does Turkey follows ?


Answer :

Turkey adopts patent practice of European Countries rather than the US system.

 
 

Question ?

Which subject matters are non-patentable ?


Answer :

Discoveries, scientific theories and mathematical methods, schemes, rules and methods for performing mental acts, playing games, literary and artistic works, aesthetic creations, scientific works, the presentation, arrangement, collecting, transmitting of information, which does not have any technical background also cannot be granted with a patent.

 
 

Question ?

Can a software implemented invention be granted with a patent ?


Answer :

Computer programs or computer implemented inventions providing tangible effect may obtain a patent protection.

 
 

Question ?

Can pharmaceutical products or processes be patented ?


Answer :

Patents are granted to inventions related to pharmaceutical products or processes.

 
 

Question ?

Which types of claims are allowable in one application? ?


Answer :

Method and apparatus claims for the same invention are allowable.

 
 

Question ?

How many patent type exist and what they are ?


Answer :

There are three types of application, which are patent with examination with 20 years protection term, patent without examination with 7 years protection term and utility model providing 10 years of protection. Additionally, divisional applications, additional patents and provisional protection are possible.

 
 

Question ?

Is it possible to have a plant protection in Turkey ?


Answer :

As a consequence of a recent regulations in relevant law, plant protection and protection of integrated circuits’ topographies are now possible in Turkey.

 
 

Question ?

Can integrated circuit’s topographies be protected ?


Answer :

Topographies of integrated circuits can be protected in Turkey.

 
 

Question ?

How the annual maintenance fees are paid ?


Answer :

Annual fees have to be paid each year on or before the Turkish Filing date. There is also a grace period of 6 months during which the fees can be paid with a fine.

 
 

Question ?

Is it obligatory to work/put in use of a patented invention within a prescribed time ?
If yes, what is the procedure and what would be consequences of not using a patented invention ?


Answer :

Patents/Utility modes must be worked within 3 years from the grant and an evidence of use such an import certificate shall be submitted to TPI within this term. On the contrary, an offer for licence shall be filed to TPI in order to prevent the risk of obligatory licence.

 
 

Question ?

What are the requirements for filing a conventional patent applicaton ?


Answer :

Requirements for filing are as follows:

  • Name, nationality and address of the applicant and inventor.
  • If priority is claimed, number, date and country of the application.
  • Specification, claims and drawings (if any)
  • Priority Document, unlegalized. It may also be filed within 3 (three) months as of the Turkish filing date.
  • Power of attorney simply signed by applicant. (It is not requested for filing but we prefer to have Applicant’s POA in our files for future use.)

 
 

Question ?

How long does it take to obtain a non-examined or an examined patent certificate ?


Answer :

The certificate of patent without examination can be obtained in approximately 15-24 months while the procedure from filing to grant for a certificate of patent with examination takes up to 24-36 months depending on the number of examinations carried out.

 
 

Question ?

How many times a patent application is examined before the final decision of the TPI ?


Answer :

Conventional patent applications are firstly searched and then examined up to three times.

 
 

Question ?

Is it possible to convert a non-examined patent to an examined patent ?


Answer :

Non-examined patent can be converted to examined patent at any time within said 7 year term by filing a substantive examination request.

 
 

Question ?

Is it possible to convert a patent application to a utility model application ?


Answer :

A patent application can be converted to a utility model application at any time prior to receipt of the final decision of the TPI, namely decision to grant or rejection.

 
 
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