With more than 25 years of experience, Istanbul Patent, one of the leading established companies in our country in its field today, continues its activities with its competent representatives.
About the European Patent Application
A European patent gives its holder the same rights in the designated contracting states as a national patent. It is valid for 20 years. A patent is a legal title granting its holder the exclusive right to make use of an invention for a limited area and time by stopping others from, among other things, making, using or selling it without authorization.
Process
European patent applications may be filed either with the European Patent Office in Munich, The Hague or Berlin, or with national patent offices in the contracting states. Applicants may, within 12 months of the date on which a national or European patent application was filed, claim for the same invention the date of this first application for a subsequent national or European filing. The application is published 18 months after the date on which the European or national first application was filed (priority date). The search report is published either with the application or later on. Applicants then have six months to decide whether or not to pursue their application by requesting substantive examination.
The three criteria for patentability are:
Validation of European Patents in Turkey
If a European patent is granted, competence is transferred to the designated contracting states, where it affords the same level of legal protection as a national patent.
On average it takes 44 months to obtain a European patent. Under certain circumstances more rapid processing is possible at no extra cost. A European patent is valid for 20 years from the date on which the application was filed.
A European patent can automatically be validated in the EPC member states if the application is granted a patent by the EPO. A granted European patent must be validated in any of the contracting states within 3 months from the mention of the grant decision on the European Patent Bulletin.
Member States of the European Patent Convention
Albania [AL], Austria [AT], Belgium [BE], Bulgaria [BG], Switzerland [CH], Cyprus [CY], Czech Republic [CZ], Germany [DE], Denmark [DK], Estonia [EE], Spain [ES], Finland [FI], France [FR], United Kingdom [GB], Greece [GR], Croatia [HR], Hungary [HU], Ireland [IE], Iceland [IS], Italy [IT], Lichtenstein [LI], Lithuania [LT], Luxembourg [LU], Latvia [LV], Monaco [MC], Macedonia [MK], Malta [MT], Montenegro [ME], Netherlands [NL], Norway (NO), Poland [PL], Portugal [PT], Romania [RO], Serbia [RS], Sweden [SE], Slovenia [SL], Slovakia [SK], San Marino [SM], Turkey [TR]
Opposition
Within nine months of the date of grant (mention of the grant decision on the European Patent Bulletin), any third party may file opposition against a patent they believe does not comply with the substantive provisions of the EPC. The EPO opposition division’s decision in such matters holds good in all the contracting states designated for the patent concerned.
Appeals may be lodged against the decisions of the Receiving Section, the examining divisions and the opposition divisions. The members of the boards of appeal of the EPO are impartial, their decisions being governed solely by the provisions of the EPC. Where necessary, cases may be referred to the Enlarged Board of Appeal as the body responsible for ensuring uniform application of the law.
Benefits for the Applicants
With its centralized grant procedure, the EPO offers applicants a cost-effective and time-saving way of applying for patent protection in up to 45 countries at once. Its patents are “strong”: every European patent has undergone substantive examination and can be obtained for countries which otherwise operate only a registration system.
With more than 25 years of experience, Istanbul Patent, one of the leading established companies in our country in its field today, continues its activities with its competent representatives.
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