Since Turkey adopted PCT, thousands of PCT applications has entered national phase in Turkey. As a consequence of adopting EPC in 2000, number of PCT applications filed in Turkey is dramatically reduced. However, national route is still open and some non-Europe applicants still prefers to enter Turkey via PCT rather than EPC.
A due date of national phase entry for PCT Chapter I or II applications is 30 months from the priority date. PCT applicants, however, can enter national phase within 33 months by paying a late filing fee.
Requirements for filing
Patent application is filed to TPI with necessary documents and fees paid.
As the same as conventional patent applications, TPI officials formally examines the patent application and assign a Turkish Patent Application number to the application. The number can be used on products, packages so on in order to make the third parties aware of the application.
Publication of the application
PCT applications are published in a Turkish Patent Bulletin within 3-4 months from the Turkish filing date. Contrary to conventional patent applications, there is no opposition period for PCT applications.
TPI evaluates the examination reports of PCT applications and send an official action accordingly. In detail, PCT applications entering Turkey right after Chapter I applications or with a streamlined IPER are subjected to a first examination. Thus, for such applications, examination stage is the same as conventional patent applications.
On the other hand, applications subjected to a detailed examination during international phase are sent to a second examination since the TPI accepts the IPER as the first examination report. In connection with this, PCT applications having positive IPER are directly granted in Turkey without necessitating any further examination. Additionally, only PCT Chapter I applicants have a right to proceed with a patent without examination.
As mentioned above, PCT Chapter II applications having positive IPER are directly granted in Turkey. For the rest, grant stage is the same as conventional patents.
Briefly, if the IPER is positive, a PCT Chapter II application is granted within 4-6 months. In case of negative IPER, the term can extend up to 2-3 years.
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