How to File a Patent Application in Turkey

Protecting an invention with a patent gives the inventor the right to prevent third parties from using the invention without permission for a given period, and obtaining this protection depends on an application process conducted before the Turkish Patent and Trademark Office (TÜRKPATENT).

Requirements for Patent Protection

Under Article 82 of Industrial Property Law No. 6769 (SMK), for an invention to be protected by a patent it must be new, involve an inventive step (not obviously derivable from the state of the art), and be capable of industrial application. Missing any one of these three elements results in rejection of the application.

The Application Process and Its Stages

The application is filed through TÜRKPATENT's electronic filing system (EPATS), together with the description, claims, an abstract, and any technical drawings. During the formal examination stage, document deficiencies are checked; a search report is then prepared to investigate the novelty of the invention, and under the examined system a substantive examination is conducted based on this report, resulting in the application being rejected or registered.

Difference Between the Unexamined and Examined Systems

If the applicant chooses the unexamined system, they can obtain a patent based solely on the search report, protected for seven years and concluded more quickly; under the examined system, a substantive examination follows the search report, and if registered, the protection term is twenty years from the filing date.

Priority Right

If an application is filed in Turkey within twelve months of a first application in a country party to the Paris Convention, the date of the first application may be claimed as a priority right, giving precedence over applications filed by third parties in the intervening period.

Infringement of Patent Rights

Using, manufacturing, or offering for sale an invention without the patent owner's permission constitutes infringement of the patent right; the rights holder may bring actions for determination and prevention of infringement, as well as damages actions; under Article 141 of the SMK, certain infringing acts are also subject to criminal sanctions.

Practical Recommendations

Avoid disclosing your invention to the public before filing, as a previously disclosed invention may lose the novelty requirement. Accurately drafting the description and claims from both a technical and legal standpoint is decisive both for the registration process and for the success of any future infringement actions.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.