When European Patent Office (EPO) grants a patent for your invention, it doesn’t automatically provide protection in Turkey. Patent holders must complete a critical process called EP validation to enforce their intellectual property rights within Turkish borders. Our patent attorneys explain everything you need to know about EP validation in Turkey for 2025.
Table of Contents
- Understanding EP Validation in Turkey
- Critical Deadlines for EP Validation in Turkey for 2025
- Essential Requirements for EP Validation in Turkey
- Step-by-Step EP Validation Process in Turkey
- Maintaining Your Validated European Patent in Turkey
- Common Challenges and Solutions in EP Validation
- Strategic Considerations for 2025
- Why Professional Legal Assistance Matters
- FAQs About EP Validation in Turkey
- Contact us for EP Validation in Turkey
Understanding EP Validation in Turkey
Turkey is a contracting state to the European Patent Convention (EPC), which means European patents can be validated in the country following the EPO’s grant decision. However, after publication of the grant, the patent must be validated in each designated state within three months to retain its protective effect and be enforceable against infringers.
EP validation is the legal process that transforms your European patent into a nationally enforceable right in Turkey. Without completing this procedure, your European patent has no legal standing in the Turkish jurisdiction, regardless of its validity elsewhere.
Critical Deadlines for EP Validation in Turkey for 2025
Time is of the essence when it comes to EP validation in Turkey. The request for validation must be filed within three months from the publication of the decision to grant in the European Patent Bulletin. This deadline is strict and non-extendable for the validation request itself.
However, patent holders have some flexibility with translation submissions. While the validation request must be filed within three months, the Turkish translation of specifications can be filed within an additional three months (totaling six months from grant publication), provided the validation request was submitted on time and an additional fee is paid.
Missing these deadlines can have severe consequences. If a European patent is not validated in Turkey, it will be deemed invalid from the very beginning, namely from the filing date, in Turkey.
Understanding the Crucial EP Validation Deadline
The EP Validation process is highly deadline-driven. Non-compliance results in the total loss of your patent rights in Turkey, rendering the EP void ab initio in the country.
- The Golden Rule: The validation request must be filed with TürkPatent within three months of the date on which the mention of the grant is published in the European Patent Bulletin (B1 publication).
- Translation Deadline: This initial three-month window is also the statutory deadline for submitting the Turkish translation of the complete patent specification (description, claims, drawings, and abstract).
- Possible Extension: Fortunately, applicants can request a three-month extension solely for submitting the Turkish translation by paying an official surcharge within the initial three-month period. This extends the translation submission deadline to a maximum of six months from the grant publication date.
It is important to note that Turkey is not a party to the London Agreement, meaning a full Turkish translation of the entire granted specification is mandatory.
Essential Requirements for EP Validation in Turkey
Translation Requirements
Turkey requires comprehensive translation documentation. Patent holders must submit a translation of the entire specification in Turkish, including the description, claims, drawings, and sequence listing if present. This differs from some European countries that only require claims translation or no translation at all.
The quality of your translation matters significantly. The translation filed is regarded as the authentic text for determining infringement by third parties, and if the Turkish translation is narrower in scope than the original text, the narrower Turkish version will be considered for protection.
The Significance of a High-Quality Turkish Translation
In Turkey, the scope of protection is determined by the Turkish translation of the claims. This makes the accuracy and quality of the translation a crucial legal concern. A poorly translated claim could drastically narrow your legal protection or, worse, introduce ambiguities that could be exploited by competitors.
Akkas & Associates Law Firm provides professional, technically-certified translation services across multiple languages, minimizing risk and ensuring the maximum scope of protection for your intellectual assets. We have successfully registered more than 140 patents for our clients globally.
Official Fees for 2025
The Turkish Patent and Trademark Office (TÜRKPATENT) increased the European Patent Validation Fee to 20,670.00 TRY from 14,360.00 TRY, effective January 1, 2025. This represents a significant increase that patent holders should factor into their budget planning.
Legal Representation Requirements
If the owner of a European patent has no place of business in Turkey or no industrial and commercial activity in Turkey, a Turkish Patent Attorney must be appointed for submitting the validation request and Turkish translation. Interestingly, filing a power of attorney is not required for European patent validations in Turkey.
Step-by-Step EP Validation Process in Turkey
Step 1: File Validation Request Submit your validation request to TÜRKPATENT within three months of the grant publication date. This is your most critical deadline and cannot be extended.
Step 2: Prepare Turkish Translation Arrange for professional translation of your complete patent specification into Turkish. Quality matters here, as errors can affect your scope of protection.
Step 3: Pay Official Fees Remit the validation fee of 20,670.00 TRY to TÜRKPATENT. Keep documentation of all payments for your records.
Step 4: Submit Translation File your Turkish translation within three months (or six months with additional fees) of the grant publication.
Step 5: Publication Once validation is successful, TÜRKPATENT publishes the European patent validation in the Turkish Patent Bulletin, and your patent receives protection equivalent to a national Turkish patent.
Maintaining Your Validated European Patent in Turkey
Validation is just the beginning. To maintain protection throughout the 20-year patent term, annual fees must be paid to TÜRKPATENT. These annuities ensure your patent rights remain in force.
Annual fees are due in advance for the third year and each subsequent year, with the due date based on the anniversary of the patent application date. If payment is not made by the due date, fees can still be paid within six months provided an additional fee is paid.
Maintaining Your Patent: Annuity Payments
Once validated, your EP becomes a Turkish national patent subject to local maintenance rules.
- Annual Fees: Annuity fees must be paid to TürkPatent annually to keep the patent in force.
- Due Date: These fees are due on the anniversary of the international filing date (or the EPC filing date).
- Managing Annuities: Failure to pay these annual fees results in the patent lapsing. Many patent holders simplify this complex task by entrusting annuity management to specialized IP law firms like ours.
Common Challenges and Solutions in EP Validation
Re-establishment of Rights
A debate has existed about whether re-establishment of rights under Article 107 of the Industrial Property Code is available when validation deadlines are missed. As of May 2025, TÜRKPATENT’s practice has been to reject such requests, though Turkish courts have begun annulling these decisions, holding that re-establishment must also be available for European patent validations.
Double Protection Issues
Turkish Patent Law does not allow double protection by either patent or utility model, or by either national patent or European patent simultaneously. If you have both a national Turkish patent application and a European patent application for the same invention, strategic decisions must be made about which route to pursue.
Translation Accuracy
Given that the Turkish translation becomes the enforceable text, working with specialized patent translation professionals is essential. Errors or ambiguities in translation can narrow your protection scope or create enforcement difficulties.
Strategic Considerations for 2025
Cost-Benefit Analysis
With validation fees increasing significantly in 2025, companies should carefully evaluate their Turkish market strategy. Consider factors such as:
- Market size and revenue potential in Turkey
- Competitor activity in the Turkish market
- Likelihood of infringement requiring enforcement
- Overall portfolio management strategy
Alternative Routes
Companies should also consider alternative patent protection routes in Turkey, including direct national patent applications or PCT national phase entry, depending on timing and strategic needs.
Why Professional Legal Assistance Matters
The EP validation process in Turkey involves numerous technical and legal requirements that can be challenging to navigate without expertise. Professional assistance ensures:
- Timely filing within critical deadlines
- Accurate, high-quality translations that preserve your scope of protection
- Proper documentation and fee payment
- Ongoing portfolio management for annual renewals
- Strategic advice on patent enforcement and licensing
At Akkas & Associates Law Firm, our experienced patent attorneys have successfully handled hundreds of European patent validations in Turkey. We understand the nuances of Turkish patent law and maintain close working relationships with TÜRKPATENT officials.
Our comprehensive services include deadline monitoring, translation coordination, official fee payment, and ongoing maintenance of your validated patents. We work efficiently to protect your intellectual property rights while minimizing costs and administrative burden.
FAQs About EP Validation in Turkey
Q1: Can I extend the three-month validation deadline in Turkey?
No, the three-month deadline for filing the validation request is strict and cannot be extended. However, you can file the Turkish translation within six months if you submit the validation request within the initial three-month period and pay additional fees. Missing the validation deadline means your European patent will be invalid in Turkey from the beginning.
Q2: How much does EP validation cost in Turkey for 2025?
The official TÜRKPATENT validation fee is 20,670.00 TRY as of January 1, 2025. Additional costs include translation fees (which vary based on patent length and complexity), attorney fees for professional assistance, and potential additional fees if translations are filed within the extended six-month period rather than the initial three months.
Q3: What happens if my Turkish translation is narrower than the original patent text?
If the Turkish translation you file is narrower in scope than the original European patent text, the narrower Turkish translation will be considered when determining the scope of protection and potential infringement cases. This is why high-quality, accurate translation is critical. Only in invalidity actions is the original European patent text considered.
Q4: Do I need to pay back annuities when validating a European patent in Turkey?
No, there is no requirement to pay patent annuities for previous years after validating a European patent in Turkey. Patent annuities become due according to the terms mentioned in Article 86(2) of the EPC. If an annuity payment becomes due within three months from the publication of the grant decision, it can be paid to TÜRKPATENT within that term without additional fees.
Q5: Can I have both a national Turkish patent and a validated European patent for the same invention?
No, Turkish Patent Law does not permit double protection. If you have both a national patent application and a European patent application claiming the same priority for the same subject matter, when the European patent is granted and validated in Turkey, the corresponding Turkish national patent or patent application becomes invalid after the EPO opposition period terminates (provided no opposition was filed or the European patent was not amended during opposition proceedings).
Q6: Is a power of attorney required for EP validation in Turkey?
No, filing a power of attorney is not compulsory for European patent validations in Turkey. However, if you have no place of business or industrial and commercial activity in Turkey, you must appoint a registered Turkish patent attorney to handle the validation process on your behalf.
Q7: Can I correct my Turkish translation after validation?
Yes, a corrected translation can be filed at any time, but it must be published in the Turkish Patent Bulletin to take effect. Until publication, the correction has no legal effect. Third parties who used the invention in good faith before submission of the corrected translation are protected and may continue using the invention.
Contact us for EP Validation in Turkey
European patent validation in Turkey represents a critical step for intellectual property protection in this strategically important market. With strict deadlines, comprehensive translation requirements, and increasing official fees in 2025, professional guidance can make the difference between successful protection and lost rights.
At Akkas & Associates Law Firm, we have provided full-service patent protection and validation services since 1992. Our team of experienced Turkish patent attorneys has successfully registered more than 140 patents for clients globally and handles all aspects of EP validation in Turkey with precision and care.
Whether you need assistance with patent registration services, trademark protection, or comprehensive intellectual property strategy, our multilingual team is ready to help you navigate Turkish patent law effectively.
Don’t risk losing your European patent rights in Turkey due to missed deadlines or procedural errors. Contact Akkas & Associates Law Firm today for a consultation on your EP validation needs. Our expert attorneys will ensure your intellectual property receives the protection it deserves in the Turkish market while you focus on building your business.
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