PCT Patents

Since January 1, 1996, Turkey is a party to the Patent Cooperation Treaty (PCT) of 1970. Consequently, Turkey may be designated in international applications filed under the PCT, and may be elected under PCT Chapter II, and nationals and residents of Turkey may file PCT international applications with the Turkish Patent Institute. (Nationals and residents of Turkey may also file PCT international applications with the European Patent Office or with the International Bureau of the WIPO).

Some particulars for entering the ”national phase” before the Turkish Patent Institute of PCT international applications designating Turkey are as follows:

The time limit for entering the national phase before the Turkish Patent Institute of a PCT international application designating Turkey is 30 months from the priority date, which time limit may be extended (until 33 months from the priority date) provided that the fee for extension of the period for entering into the national phase is paid in time. As from April 1, 2002, this 30-month term applies irrespective of whether or not Turkey has been elected under PCT Chapter II. Prior to April 1, 2002, the time limit for entering the national phase was 20 months from the priority date, provided that, if Turkey had been elected under PCT Chapter II and this election not been withdrawn, the time limit would be 30 months from the priority date. The new time limit of 30 months from the priority date irrespective of whether or not Turkey has been elected under PCT Chapter II, applies to all international applications filed on or after April 1, 2002, and also to such applications filed before said date in respect of which the term of 20 months from the priority date expires on or after April 1, 2002, and for which the national phase has not yet been entered into.

Within 30 months from the priority date the national filing fee must be paid, provided, however, that the national fee may still be paid within seven calendar days from the date of entry into the national phase.

Applicants not residing in Turkey must appoint a patent agent registered to practice as a patent attorney before the Turkish Patent Institute within the 30-month time limit (a power of attorney need not normally be filed).

If applicant is not the inventor, within the 30-month time limit a statement must be given justifying the right of applicant to the patent, failing which applicant will be invited to comply with this requirement as yet within a term mentioned in the invitation (note that this requirement may be satisfied if the declaration concerning the identity of the inventor has been made in accordance with PCT Rule 4.17).

 If priority was claimed, but the priority application was filed in the name of a different applicant, a declaration as to the right of applicant to claim priority must be furnished within the 30-month time limit, failing which applicant will be invited to comply with this requirement as yet within a term mentioned in the invitation (note that also this requirement may be satisfied if the declaration concerning applicant’s entitlement to claim priority has been made in accordance with PCT Rule 4.17).

The further procedure after entry into the national phase is as in the case of a national application, which implies that a procedure is possible without examination, which may lead to the grant of a patent with a duration of 7 years from the (international) filing date, or a procedure with substantive examination, which may lead to the grant of a patent with a duration of 20 years from the filing date.

No special request for a novelty search is necessary and no search fee need be paid if an international search report has been established; if such international search report has not been established, however, the carrying out of a novelty search must be requested and the search fee be paid.

No special request for substantive examination is necessary and no examination fee need be paid if the international application is accompanied by an international preliminary examination report being favorable with regard to novelty, inventive step and applicability in industry; where such report has not been filed, if a 20-year patent is desired an examination request must be filed and the examination fee be paid.

In Turkey it is possible to apply for the grant of a patent of addition ; consequently, it is possible also to apply for a patent of addition for Turkey in an international application filed under the PCT; the wish to obtain a patent of addition is to be indicated in Box No. V of the PCT Request form (Form PCT/RO/101). For patents of addition it is not necessary that the invention involves an inventive step over the invention of the main patent or application.

A patent application may be converted into a utility model application on payment of the required conversion fee if utility model certificate is to be indicated in Box No. V of the PCT Request form. The grant of a utility model certificate can be applied for only in stead of a patent, and not in addition to a patent.

The requirements for entering the national phase are in principle the same as for an international patent application; the procedure for a utility model application is different, in this that examination is made only as to form and no substantive examination is provided, and that a novelty search need not but may be optionally requested.

It is noted that, as Turkey is a party to the European Patent Convention (since November 1, 2000), patent protection for Turkey may also be sought by filing an international patent application in which the European Patent Office is designated, so as to obtain a European patent valid in Turkey. In such case the European Patent Office will act as Designated Office under the PCT (and, in case of election under Chapter II, as Elected Office). The time limit for entering the regional phase before the European Patent Office of a PCT international application in which the European Patent Office is designated, as from January 2, 2002, is 31 months from the priority date irrespective of whether or not the European Patent Office has been elected under PCT Chapter II