PCT NATIONAL PHASE ENTRY
Turkey

Turkish Intellectual Property Law is well-aligned with EU regulations and global standards but has its own unique aspects. Turkey actively encourages foreign investments and maintains an up-to-date and reliable intellectual property system. Since October 10, 1925, Turkey has been a member of the Paris Convention for the Protection of Industrial Property, and since January 1, 1996, it has also been part of the Patent Cooperation Treaty (PCT).

The major requirements and procedure to file a patent application in Turkey are mentioned below:

The designated period for submitting a patent application in the followin juriisdiction under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

In Turkish patent applications, the official language is Turkish. If the international application is in a different official language, it is mandatory to provide a translation into Turkish after entering the Turkish PCT national phase. This requirement is subject to the payment of additional fees.

The window for filing an application into the late national phase entry can be extended by three months, provided the applicant submits the additional fee for requesting an extension of time for entry into the national phase. Moreover, under compelling circumstances, it is permissible to file the application after the 33rd month.

The essential documents required to file national phase applicatoin are as follows:

• Power of Attorney
• Verified Turkish Translation
• Assignment Deed: statement providing justification for the applicant's entitlement to the patent when the applicant is not the inventor.

No exemptions in cost are granted for the patent application when entering the national phase.

The applicant must request examination within three months of the notification of the search report's availability, paying the required fee. Failure to do so will result in the application being considered withdrawn. The Office will assess if the application and the associated invention comply with a certain IP Law. If not, the applicant may be asked to provide observations and make amendments, but such requests won't exceed three times. If the applicant doesn't respond within the specified timeframe, the application will be deemed withdrawn.

Numerous bilateral agreements have been signed between patent offices with the aim of fostering worksharing. These agreements empower patent applicants to request a faster processing in the national phase, enabling patent examiners to utilize work products from the other participating offices. These work products can include:

• the written opinion of the International Searching Authority,
• the written opinion of the International Preliminary Examining Authority, or
• the international preliminary examination report issued within the framework of the PCT, subject to certain conditions.

In case of the Turkish Patent and Trademark Office (Turkpatent) has established PCT-PPH agreements with:

• Spain (ES): Spanish Patent and Trademark Office
• Japan (JP): Japan Patent Office

Renewal fees are due for the third year and each subsequent year. Renewal fees are due on the anniversary of the international filing date. Renewal fees which are not paid within the designated time limit may still be paid within six months from the expiration of that time limit with surcharge. If renewal fees together with the surcharge for late payment are not paid within the specified period, the patent shall lapse. The patent may be restored upon request of the patent owner and payment of a recovery fee.

The patent term for patents in Turkey is 20 years. In the following jurisdiction, patent term extension is entirely non-existent, with no provisions for prolonging the duration under any circumstances.

Turkey proudly secures the 37th position out of 132 economies highlighted in the GII 2022, showcasing an impressive ascent from its 2021 ranking of 41. Notably, Turkey stands tall as the 4th leading nation among the 36 upper-middle-income group economies and continues to shine as the 4th top performer among the 19 economies in Northern Africa and Western Asia. This remarkable improvement underscores Turkey's growing prowess and elevated standing on the global innovation stage.