Foreign patent applications can directly be filed in Turkey within 12 months from priority dates thereof. Applications being novel, inventive and industrially applicable can obtain the patent protection.
Requirements for filing
A patent application is filed to the TPI with necessary documents and fees paid.
Within one month following to filing, TPI officials formally examines the patent application and assigns 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.
Request for a substantive search
A search request must be filed within 15 months from the priority date, if any, or from the Turkish filing date. Failing to file the request within the 15 months term will cause the application to be deemed withdrawn. According to IPC, the search can be conducted either by the TPI or by some agreed authorities which are Russian, Denmark, Swedish, European or Austria Patent Offices.
The search approximately is completed within 12-15 months and the search report is sent to our office by the TPI along with an official action.
Publication of the application
Patent applications are published in a Turkish Patent Bulletin within 18 months from the priority date, if any, or from the Turkish filing date.
Publication of the search report
Within 2-3 months from informing the TPI of the patent type, the search report is also published for 6 months. During the publication, called opposition period, third parties can file their comment against the application or the content of the search report. It is also obligatory to file the request for substantive examination and pay necessary examination fees within the publication period.
A patent application is examined up to three times before the final decision of the TPI. In detail, if there are objections at the end of the first examination, applicants can file a response within 6 months from the TPI's letter including the first examination report. If there are still objections after the completion of the second examination, applicants can file a further response within 3 months. In case of receiving a negative third examination report, the application is rejected.
If the examination report is positive, grant decision is sent by the TPI along with the examination report. Grant fees must be paid within 3 months from the date of grant. 2-3 months following the payment of the fees, the Patent Certificate is obtained.
Briefly, the Letters Patent can be obtained between 24-36 months depending on the number of examinations which the patent application passes.
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