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COUNTRY : REPUBLIC OF TURKEY
CAPITAL : ANKARA
LANGUAGE : TURKISH
The intellectual property office of Turkey is known as the Turkish Patent Institute.
Protection to Inventions is provided at a two tier level in Turkey:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH TURKEY IS SIGNATORY
(i) Paris Convention for the protection of industrial property.
(ii) Patent Co-operation Treaty “PCT”.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
(iv) European Patent Convention.
(v) Strasbourg Agreement on International Classification of Patents.
PATENT LEGISLATION IN TURKEY:
PATENT LEGISLATION IN TURKEY
The Turkish legal system is based on the Swiss Civil Code & Code of Obligations.
Patents in Turkey are governed by: The Decree of the Council of Ministers No: KHK 1551 dated 24th June 1995.
Patents are granted by the Turkish Patent Institute (TPI).
BASICS REGARDING PATENTABILITY OF INVENTIONS IN TURKEY:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
INVENTIONS NOT PATENTABLE IN TURKEY:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers. • Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Plant, animal varieties.
- Processes for breeding plant, animal varieties based on biological grounds.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Turkey is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN TURKEY:
(i). Nationality of the applicant.
(ii). Name & Address of the applicant.
(iii). Description of the invention.
(vii). Title of the invention , Prior state of the art, & the Technical area of the invention.
(viii) A Request for grant of patent
EXAMINATION OF THE PATENT APPLICATION IN TURKEY:
Turkey examines the application first for formal requirements & then substantial requirements.
Post Examination, Turkey grants patents on the following basis:
- Upon receipt, the patent application is examined for compliance requirements.
- Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition.
Applicant may opt out of the procedure of substantive examination by way of due notification to the authorities.
- Patent application is substantively examined as per applicant’s request to the authorities.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Turkey are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN TURKEY:
TERM AND KINDS OF PATENTS GRANTED IN TURKEY:
Patents with a term of 20 yrs.
Patents with a term of 7 yrs.
Utility Models with a term of 10 yrs .
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN TURKEY:
A compulsory license may be granted for a patent for which no proposal to grant a license as of right has been made and if any one of the following conditions exist:
- Failure to use the patented invention;
- In the case of dependent patents;
- In the case of public interest
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Turkey, can assist you comprehensively with Compulsory Licence matters.