Understanding and navigating Turkish patent law in 2025 requires specialized knowledge of the Turkish Industrial Property Law, TÜRKPATENT procedures, and international patent treaties. Whether you’re filing a national patent application, validating a European Patent, entering the PCT national phase, or managing patent maintenance and renewals, professional legal guidance ensures your intellectual property receives maximum protection.
At Akkas & Associates Law Firm, our experienced patent attorneys have successfully registered more than 140 patents since 1992, providing comprehensive intellectual property law services in multiple languages. We understand the intricacies of Turkish patent prosecution, from initial filing through examination, grant, and enforcement. Our expertise extends to international patent strategies, utility model protection, and patent portfolio management.
Table of Contents
- Understanding Turkish Patent Law Framework
- The Triad of Patentability: Novelty, Inventive Step, and Industrial Applicability
- Turkish Patent Application Process: A Strategic Path
- International Routes: PCT and EP Validation
- Enforcement and Litigation: Protecting Your Rights
- Patent Maintenance and Annual Fees
- FAQS About Turkish Patent Law & Regulations
- Reach us for Turkish Patent Law Services
Navigating Turkish patent law requires a thorough understanding of the regulations governed by the Turkish Industrial Property Law No. 6769 and administered by the Turkish Patent and Trademark Office (TÜRKPATENT).
As Turkey continues to strengthen its position as a hub for innovation and intellectual property protection, understanding the patent system has become crucial for inventors, businesses, and foreign companies seeking to protect their inventions in this dynamic market.
Understanding Turkish Patent Law Framework
The cornerstone of modern Turkish patent protection is the Industrial Property Code No. 6769 (IP Code), which came into force in 2017 and has since been the subject of continuous updates and evolving jurisprudence. This comprehensive legislation governs patents, utility models, trademarks, and designs, ensuring Turkey’s IP system aligns closely with international standards, including the European Patent Convention (EPC) and TRIPS Agreement.
The IP Code provides a robust and clear framework for securing and enforcing rights, which is vital for maintaining a competitive edge in this rapidly growing economy. Understanding its provisions is the first step toward effective patent protection.
Turkish patent law bases patentability on three key elements: novelty, inventive step, and industrial applicability, as outlined in Articles 82 and 83 of the Turkish Industrial Property Law. The Turkish Industrial Property Law No. 6769 serves as the primary legislation governing all aspects of patent protection in Turkey.
A patent grants the owner exclusive rights to prevent third parties from producing, using, selling, or importing the patented product or process for a 20-year period. This comprehensive protection makes patents a valuable asset for businesses operating in Turkey’s competitive marketplace.
The Triad of Patentability: Novelty, Inventive Step, and Industrial Applicability
To successfully register a patent with the Turkish Patent and Trademark Office (TÜRKPATENT), your invention must satisfy three mandatory patentability criteria:
1. Novelty
An invention is considered novel if it does not form part of the state of the art. The ‘state of the art’ encompasses everything made available to the public anywhere in the world before the date of filing the patent application (or the claimed priority date) by written or oral description, by use, or in any other way. This means absolute, worldwide novelty is required.
2. Inventive Step
An invention involves an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. This is a crucial, often subjective, test requiring an assessment of whether the difference between the claimed invention and the prior art would be considered non-obvious to an expert in that technical field.
3. Industrial Applicability
An invention is deemed to be industrially applicable if its subject matter can be made or used in any kind of industry, including agriculture. This criterion is typically straightforward to satisfy but ensures the invention is practical and not merely theoretical.
The IP Code explicitly excludes certain subject matters from patent protection, such as scientific theories, mathematical methods, surgical/therapeutic methods, and computer programs as such (though technical implementations may be patentable).
Turkish Patent Application Process: A Strategic Path
The process of obtaining a Turkish national patent is highly structured and typically spans 2 to 3 years, though this can vary. Foreign applicants must be represented by a Turkish Patent Attorney.
- Filing the Application: The initial application is filed with TÜRKPATENT, including the description, claims, drawings, and abstract. Priority under the Paris Convention can be claimed within 12 months of the first filing.
- Formal Examination: TÜRKPATENT examines the application for compliance with formal requirements.
- Search Report: The applicant must request a search report. This report lists prior art documents relevant to the patentability of the invention.
- Publication: The application, along with the search report, is typically published 18 months from the filing or priority date, making the application public.
- Substantive Examination: The applicant must request a substantive examination within three months of the search report notification. The examiner assesses the application against the three patentability criteria. This may involve rounds of communication and amendments.
- Grant: If the application meets all criteria, the decision to grant the patent is published. The patent is then protected for 20 years from the filing date, provided annual fees are paid.
International Routes: PCT and EP Validation
For global businesses, Turkey’s participation in key international agreements simplifies protection:
- Patent Cooperation Treaty (PCT) National Phase: Applicants filing an international PCT application can enter the Turkish national phase within 30 months from the priority date.
- European Patent (EP) Validation: Turkey is a member of the EPC. Once a European patent is granted by the EPO, it must be validated in Turkey within three months of the grant mention in the European Patent Bulletin by filing a Turkish translation of the claims (and the full specification for litigation purposes). This streamlined process is a key strategy for many of our international clients. Learn more about this crucial process on our page for European Patent Validation in Turkey.
Enforcement and Litigation: Protecting Your Rights
A granted Turkish patent provides the owner with the exclusive right to prevent third parties from making, using, selling, offering for sale, or importing the patented product or process. Patent infringement cases are handled by specialized Intellectual Property Courts established in major cities like Istanbul, Ankara, and İzmir.
Key Enforcement Mechanisms:
- Preliminary Injunctions: A court can grant a preliminary injunction to halt an alleged infringement quickly, often before the final judgment.
- Damages: Successful patentees can claim damages, typically calculated based on lost profits or the infringer’s gains.
- Compulsory License: A patent is subject to a compulsory license if it is not put to use within three years of the grant or four years of the application date, or if the actual use is insufficient to meet the national market needs, provided there is no legitimate excuse.
Patent Maintenance and Annual Fees
Renewal Requirements
Patent protection lasts 20 years from the filing date, requiring annual fees starting from the third year. The due date for annual fees corresponds to the anniversary month and day of the application date.
If annual fees aren’t paid by the due date, they may still be paid with an additional fee within six months; failure to pay within this grace period results in patent expiration. A compensatory fee paid within two months of expiration notification can revalidate the patent, though third-party rights acquired during the lapsed period remain protected.
FAQS About Turkish Patent Law & Regulations
Q1: How long does the patent application process take in Turkey?
The Turkish patent application process typically takes 2-3 years from the initial filing date to registration. The exact timeline depends on several factors, including TÜRKPATENT’s current workload, the complexity of your invention, the thoroughness of your initial application, and how quickly you respond to office actions. Requesting early publication and examination can potentially accelerate the process.
Q2: What are the current patent filing fees in Turkey for 2025?
As of January 1, 2025, the patent application filing fee is 520 TRY, representing a 44% increase from the previous year. European Patent validation fees are now 20,670 TRY, while PCT national phase entry fees are 13,460 TRY. Annual maintenance fees also increased and must be paid starting from the third year of the patent’s life. Additional fees apply for search reports, examination requests, and late payments.
Q3: Can I file a patent application in Turkey in English?
Yes, patent applications can initially be filed in English or other official languages of Paris Convention member states or WTO Agreement countries. However, you must submit Turkish translations of all patent specification documents within two months of the filing date. Failure to submit translations within this timeframe may result in the application being deemed withdrawn.
Q4: What happens if I miss my annual patent maintenance fee deadline?
If you miss the annual fee due date, you have a six-month grace period to pay the fee along with an additional late payment surcharge. If you still don’t pay within this grace period, your patent will expire. However, you can potentially restore the patent by paying a compensatory fee within two months of receiving the expiration notification, though any third-party rights established during the lapsed period will remain protected.
Q5: Do I need a Turkish patent attorney to file a patent in Turkey?
If you don’t reside or have a principal place of business in Turkey, you must appoint a registered Turkish patent attorney to handle your patent prosecution. Even for Turkish residents, working with a qualified patent attorney is highly recommended due to the technical and legal complexities involved in patent applications. Professional representation significantly increases the likelihood of successful patent grant and proper protection.
Q6: Can I validate a European Patent in Turkey?
Yes, Turkey is a contracting state to the European Patent Convention. After your European Patent is granted and published by the European Patent Office, you have three months to validate it in Turkey. This deadline is strict and non-extendable. Validation requires submitting a full Turkish translation of the patent specification, claims, and drawings, along with paying the validation fee. Once validated, the European Patent is protected in Turkey as a national Turkish patent.
Q7: What is the first filing requirement in Turkish patent law?
Turkish patent law requires that inventions developed by employees working in Turkey for Turkish-based employers must first be filed with TÜRKPATENT before filing in any foreign jurisdiction. This applies regardless of the employee’s nationality. The requirement also covers inventions with potential national security implications. After making the first filing in Turkey, you can then file patent applications abroad, typically within the 12-month priority period.
Reach us for Turkish Patent Law Services
Don’t risk losing valuable patent rights due to missed deadlines, incomplete documentation, or procedural errors. Contact Akkas & Associates Law Firm today for a consultation on your Turkish patent needs. Our team provides strategic guidance on patent application filing, prosecution strategy, maintenance requirements, and enforcement options, ensuring your innovations receive robust protection in Turkey’s growing market.
Contact Akkas & Associates Law Firm for expert assistance with Turkish patent applications, European Patent validations, PCT filings, patent maintenance, and comprehensive intellectual property protection services. Let our decades of experience in Turkish patent law work for you.
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