Turkish Patent FAQs: Top 30 Questions & Answers

At Ata Patent Group, we understand that navigating the patent process in Turkey can be complex and challenging. Our comprehensive Turkish Patent FAQs aim to address common questions and provide clarity on key aspects such as patent application procedures, types of patents available, and the necessary documentation required for filing.

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30 Turkish Patent FAQs

Welcome to Ata Patent Group! Below, we have compiled a comprehensive list of 30 frequently asked questions (FAQs) about Turkish patents to help you understand the process and requirements better.

1. What is a patent?

A patent is an exclusive right granted for an invention, providing the patent owner with the right to decide how or whether the invention can be used by others.

2. Who can apply for a patent in Turkey?

Both individuals and legal entities can apply for a patent in Turkey. Foreign applicants must appoint a Turkish patent attorney.

3. What can be patented in Turkey?

Inventions that are new, involve an inventive step, and are industrially applicable can be patented in Turkey.

4. How long does patent protection last in Turkey?

Patent protection lasts for 20 years from the filing date, provided that annual maintenance fees are paid.

5. What are the types of patents available in Turkey?

Turkey offers two types of patents: patents with substantive examination and patents without substantive examination (utility model).

6. How can I apply for a patent in Turkey?

You can apply for a patent through the Turkish Patent and Trademark Office (TURKPATENT) either online or by submitting a paper application.

7. What documents are required for a patent application in Turkey?

The required documents include a request for grant, a description of the invention, claims, drawings (if any), and an abstract.

8. Can I file a patent application in English?

The application must be filed in Turkish. If filed in another language, a Turkish translation must be provided within two months.

9. What is the cost of obtaining a patent in Turkey?

Costs vary depending on the type of patent and the complexity of the application. Fees include filing fees, search fees, and examination fees.

10. How long does it take to obtain a patent in Turkey?

The time frame varies but typically ranges from 2 to 4 years, depending on the examination process and any objections raised.

11. What is the role of the Turkish Patent and Trademark Office (TURKPATENT)?

TURKPATENT is the official body responsible for the examination and registration of patents in Turkey.

12. Can I challenge a patent in Turkey?

Yes, patents can be opposed within six months from the publication date of the grant decision.

13. What is a utility model?

A utility model is a type of patent granted for inventions with lower inventiveness. It provides protection for 10 years without substantive examination.

14. How can I search for existing patents in Turkey?

You can search for existing patents through the TURKPATENT online database.

15. What is the difference between a patent and a utility model?

Patents require substantive examination and provide 20 years of protection, whereas utility models do not require substantive examination and offer 10 years of protection.

16. Can I convert a utility model application into a patent application?

Yes, it is possible to convert a utility model application into a patent application under certain conditions.

17. What happens if I don’t pay the annual maintenance fees?

If annual fees are not paid, the patent will lapse, and protection will be lost.

18. Can I license my patent in Turkey?

Yes, patent owners can license their patents to third parties.

19. How can I enforce my patent rights in Turkey?

Patent rights can be enforced through civil litigation in Turkish courts.

20. What are the penalties for patent infringement in Turkey?

Penalties for patent infringement include damages, injunctions, and the destruction of infringing products.

21. Can I obtain patent protection for software in Turkey?

Software as such is not patentable, but software-related inventions may be patentable if they provide a technical solution to a technical problem.

22. Are business methods patentable in Turkey?

Business methods are generally not patentable unless they have a technical character.

23. Can I file a PCT application to enter the Turkish national phase?

Yes, Turkey is a member of the Patent Cooperation Treaty (PCT), and you can enter the national phase in Turkey.

24. What is the deadline for entering the national phase in Turkey under the PCT?

The deadline for entering the national phase is 30 months from the priority date.

25. Is patent prosecution in Turkey different from other countries?

While the general principles are similar, specific procedural requirements and timelines may vary.

26. What is the role of a patent attorney in Turkey?

A patent attorney can assist with drafting, filing, and prosecuting patent applications, as well as providing legal advice on patent-related matters.

27. Can patents be extended beyond 20 years in Turkey?

No, patent protection cannot be extended beyond the 20-year term.

28. How can I protect my patent internationally?

You can protect your patent internationally by filing through the PCT or directly in other countries where you seek protection.

29. What is the grace period for filing a patent application after public disclosure?

Turkey provides a 12-month grace period for filing a patent application after the invention has been publicly disclosed.

30. Can I get financial support for patenting my invention in Turkey?

There are various governmental and non-governmental programs that provide financial support for patenting activities in Turkey.

Contact us for Turkish Patent Questions

Navigating the Turkish patent process can be complex, but Ata Patent Group is here to help. Our detailed FAQ on Turkish patents addresses key aspects such as application procedures, types of patents, required documentation, and costs.

For further assistance or to start your patent application process, please contact Ata Patent Group. Our experienced team is ready to help you navigate the complexities of patent law in Turkey.