The new Industrial Property Law – 6769 (entered into force on 10 January 2017) is widely in line with the European patent legislation. The term of a granted patent shall be a non-extendible period of 20 years from the date of filing the application.
Following information and documentation are required when filing a patent application in Turkey;
– Name, address and nationality of the applicant/s and inventor/s
– Patent Specification in Turkish (description, claims, figures (if any) and abstract (max. 100 words) – Payment of filing fee
– Power of attorney (required only under exceptional circumstances)
It should be noted that priority document or its translation is not required when filing a PCT national phase application or EP national validation. Further, late filing of Turkish translation is possible within 1 month from Turkish filing date being subject to a surcharge.
For all your inquiries regarding patents/applications in Turkey, you may directly obtain information from firstname.lastname@example.org.
Utility Model Within The Turkish System:
It should be noted that compliance with the requirement of inventive step is not required in utility model applications for which the protection term is 10 years from date of filing. Furthermore, processes and chemical inventions cannot be protected by utility models.
The Office conducts a novelty search for utility model applications. Term for obtaining the Utility Model certificate is typically 12 to 24 months.
A patent, utility model or an application for these is kept in force as long as annual fees are paid. The annual fees are applicable from the third year and for each subsequent year irrespective of the pending or granted status. The due date for an annuity payment in the Turkish Patent system is the corresponding filing date in each subsequent year. This date is the international filing date in PCT applications. Any annuity may be paid subject to a fine within six months following its due. On the other hand, if said annuity is not paid within said additional six months term, it may still be paid by requesting further processing.
Rights Pertaining to Process Patents
Where a product, for which there is a patent in respect of its manufacturing process, is imported into Turkey, the patentee shall, in respect of the imported products benefit from the same rights as those recognized to him under the new Industrial Property Law for the abstention/manufacture of said product in Turkey.
Where a patent concerns a process for the manufacture of new products or substances, unless proof to the contrary, any product or substance having the same properties shall be deemed to have been obtained by using the patented process. The burden of proof lies with the persons claiming the contrary.
In case of legal proceedings regarding such a claim to the contrary as provided under paragraph two of this present Article, the legitimate interest of the defendant, in keeping undisclosed his manufacturing and business/trade secrets, shall be taken into consideration.
Scope of Right Conferred By a Patent
The holder of patent shall benefit from the right it confers without differentiating between the place of invention, its field of technology and whether the concerned products are imported or of domestic production.
The holder of patent is entitled to prevent following actions by third parties performed without permission:
a) Production, sale, use, or importation of patented products or keeping them in possession for purposes other than for personal needs;
b) Use of a process that is the subject matter of the patent;
c) Offers made by third persons to others for the use of a patented process of which the use is known or should be known to be prohibited;
d) Putting to sale or making use or importing or keeping in possession for any such purpose other than for personal needs of products directly obtained through the patented process.
Scope of Protection Conferred by an Application for Patent or a Patent and the Interpretation of Claim(s)
The scope of protection conferred by an application for patent or a patent shall be determined according to the claim(s). Claims shall be interpreted in consideration of the description and drawings.
Claims shall be interpreted in such a manner so as to permit, on the one hand, a fair protection for the right holder of an application for patent or of a patent, while, on the other hand, providing a reasonable degree of certainty to third parties on the scope protection.
Where an application for patent has been filed for pharmaceutical or veterinary products/drugs and for chemicals destined to agriculture, the authorities issuing authorizations/licenses for the manufacture and sale of such products and requesting for this purpose information and test results, that were not disclosed to the public and the realization and accumulation of which requires considerable expenses and efforts, shall keep such information and test results secret/confidential. The authority asking for such information and test results shall take the necessary measures to prevent unjustified/illegitimate use thereof.
Claims shall not be interpreted as being confined to their strict literal wording. However, for determining the scope of protection of the subject application for patent or of the patent, where those characteristics, though contemplated by the inventor, are not expressed in the claim(s) and where such characteristics can be only revealed from an interpretation of the description and drawings by a person skilled in that technical field, the claim(s) shall not be deemed to include/cover such characteristics.
At the time of an alleged infringement, in determining the scope of protection conferred by an application for patent or a patent, all elements being equivalent to the elements as expressed in the claim(s) shall be also considered.
Where, at the time when an alleged infringement is put forward, the equivalent element performs substantially the same function and performs such function in a substantially similar manner and gives the same result as the element as expressed in the claim(s), such element shall be, generally, deemed to be equivalent to the elements as expressed in the claim(s).
In determining the extent of protection, due account shall be taken of any statement made by the applicant during the patent granting procedure or by the holder of the patent during the term of validity of the patent.
Where a patent contains examples of the embodiment of the invention or examples of the functions or results of the invention, the claims shall not be interpreted as being limited to those examples. In particular, the fact that a product or process includes additional features, not found in the examples, disclosed in the patent, lacks features expressed in such examples or does not achieve or does not possess every characteristic expressed in such examples shall not remove the product or process from the extent of protection conferred by the claims.