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Turkish Patent Law FAQs 2025: Essential Insights & Expert Guidance

As Akkas & Associates Law Firm, a distinguished Istanbul-based legal practice providing comprehensive intellectual property, probate, and corporate solutions since 1992, we support clients worldwide in navigating Turkish Patent Law. This 2025 FAQ guide offers clear, practical, and SEO-optimized insights for inventors, startups, investors, and international businesses seeking patent protection in Turkey.

Table of Contents

Understanding Patent Protection in Turkey

Turkey has a modern, structured, and EU-aligned patent system governed primarily by the Industrial Property Law No. 6769. Patents can be granted for technical inventions that are new, involve an inventive step, and are industrially applicable. Whether you are a foreign investor, technology company, or entrepreneur, obtaining patent protection in Turkey helps secure commercial exclusivity and supports long-term IP strategy.

Patent Cancellation Lawyers in Turkey

FAQs About Patent Cancellation Proceedings in Turkey

Q1: How long does a patent cancellation case take in Turkey?

Patent cancellation proceedings in Turkey typically take between 12 to 24 months for a first-instance court decision. Complex cases involving extensive technical evidence or multiple claims may take longer. After the first-instance decision, parties have the right to appeal, which can add another 12 to 18 months to the process. The total timeline from filing to final resolution, including appeals, usually ranges from 2 to 4 years.

Q2: Can I use a patent while a cancellation action is pending?

Using a patent that is subject to cancellation proceedings involves risk. Until the court issues a final decision canceling the patent, it remains legally valid and enforceable. The patent owner can still bring infringement actions during this period. However, some courts may stay infringement proceedings pending resolution of the cancellation case. It’s essential to consult with experienced patent attorneys to assess your specific situation and develop appropriate risk management strategies.

Turkish Patent Lawyers

Q3: What happens if only some patent claims are canceled?

Turkish courts have the authority to cancel a patent entirely or partially. If only certain claims are canceled while others remain valid, the patent continues to exist but with narrower scope. This partial cancellation affects what the patent owner can enforce and may create opportunities for competitors to operate without infringement.

The remaining valid claims still provide protection to the patent owner, so careful analysis is required to determine whether partial cancellation achieves your business objectives.

Q4: Who can file a patent cancellation action in Turkey?

Any interested party can file a patent cancellation action in Turkey. This includes competitors, potential licensees, companies facing infringement claims, or anyone who believes they have a legitimate interest in having the patent canceled.

Unlike some other jurisdictions, Turkish law doesn’t require the petitioner to prove they are being directly harmed by the patent. However, having a clear commercial interest strengthens your position and demonstrates the practical importance of the cancellation.

Q5: What is the success rate of patent cancellation cases in Turkey?

Success rates vary significantly depending on the grounds for cancellation, the quality of evidence, and the technical field involved. Generally, cases based on clear prior art evidence have higher success rates, while cases relying on inventive step arguments may be more challenging.

Statistics from Turkish Intellectual Property Courts suggest that approximately 30-40% of cancellation actions result in full or partial cancellation. However, these numbers don’t tell the complete story, as many weak patents are abandoned or not enforced rather than formally challenged in court.

Patent Nullity Lawsuits in Turkey

FAQs on Patent Nullity Lawsuits in Turkey

1. Who can file a Patent Nullity Lawsuit in Turkey?

Any person with a legal interest in the nullity of the patent can file the lawsuit. This typically includes competitors, parties accused of infringement (as a counterclaim), or the Turkish Patent and Trademark Office (TPTO) under specific, limited circumstances.

2. Is there a time limit for filing a Patent Nullity Lawsuit?

No. Unlike some other IP actions, there is no statutory limitation period for filing a Patent Nullity Lawsuit in Turkey. The action can be filed at any time during the life of the patent (20 years) or even after it has expired, provided there is a legal interest.

3. What is the effect of a successful Patent Nullity Lawsuit?

A patent that is successfully challenged is deemed null and void ab initio, meaning it is considered never to have existed. This nullity takes effect against everyone (erga omnes) and is generally retroactive.

4. How long does a Patent Nullity Lawsuit typically take?

The duration can vary based on the complexity and court workload, but first-instance proceedings in the Turkish IP Courts typically take 2 to 4 years. Appeals can add another 1 to 2 years to the process.

5. Is a warning letter or mediation required before filing a nullity lawsuit?

No, filing a warning letter is not a prerequisite for initiating a nullity lawsuit in Turkey. However, while mandatory mediation applies to certain commercial disputes, patent nullity actions often proceed directly to the IP Court.

6. Can I amend my patent claims during a nullity lawsuit?

Yes, the patentee (defendant) has the right to request amendments to the patent claims during the course of the nullity lawsuit to overcome the objections and limit the scope of protection, provided the amendments comply with the original disclosure.

7. Which Turkish law governs Patent Nullity Lawsuits?

The main legal framework is the Industrial Property Law No. 6769, which came into force in 2017, along with the general procedural rules of the Code of Civil Procedure (Law No. 6100

Turkish Patent Attorney

FAQs Asked to our Turkish Patent Attorney

Q1: Who is eligible to be a Turkish Patent Attorney?

A: A Turkish Patent Attorney must be a Turkish citizen, a graduate of a minimum four-year higher education institution, pass a specialized qualification examination organized by TÜRKPATENT, and be registered in the official registry.

Q2: Do foreign applicants have to hire a Turkish Patent Attorney?

A: Yes. Under Turkish law, applicants who are not domiciled or do not have a principal place of business in Turkey must be represented by a registered Turkish Patent Attorney for all proceedings before TÜRKPATENT.

Q3: What is the typical duration of patent protection in Turkey?

A: The standard duration for a Turkish patent is 20 years from the date of application, provided that the required annual fees are paid. Utility models offer a shorter protection period of 10 years.

Q4: Can a European Patent (EP) be validated in Turkey?

A: Yes. Turkey is a member of the European Patent Convention (EPC). Once a European patent is granted, it must be validated in Turkey within three months of the grant notification, which typically involves providing a Turkish translation of the claims. This is a critical step where a skilled attorney is essential.

Q5: What is the difference between a patent attorney and an IP lawyer in Turkey?

A: A Turkish Patent Attorney is an expert registered with TÜRKPATENT who handles the prosecution (filing and granting) of a patent application. An IP Lawyer is a licensed lawyer who handles litigation and enforcement in the courts, such as patent infringement lawsuits. Akkas & Associates offers both services under one roof.

Q6: How long does the patent application process take in Turkey?

A: The process varies greatly depending on the type of patent and examination path (e.g., non-examined, examined). A fully examined patent can typically take between 3 to 5 years from the initial application date to the grant decision.

Patent Attorneys in Istanbul

FAQs About Patent Attorneys in Istanbul

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

The patent application process in Turkey typically takes 2-4 years from filing to grant. This timeline depends on the technical complexity of the invention, the examination workload at Türkpatent, and how efficiently office actions are addressed. Accelerated examination programs may be available for certain applications, potentially reducing this timeframe.

2. Can foreign companies file patents in Turkey without a local attorney?

Foreign applicants must work with a Turkish patent attorney or representative to file and prosecute patent applications in Turkey. This requirement ensures proper compliance with local procedures and facilitates communication with Türkpatent. Experienced Istanbul patent attorneys serve as your local representative while coordinating with your international IP team.

3. What is the difference between a patent and a utility model in Turkey?

Patents protect inventions meeting higher standards of novelty and inventive step, offering 20 years of protection. Utility models protect technical innovations with lower inventive requirements, providing 10 years of protection. Utility models undergo faster registration without substantive examination, making them suitable for incremental innovations requiring quicker protection.

4. How much does it cost to file a patent in Istanbul?

Patent filing costs in Istanbul vary based on the invention’s complexity and the scope of protection sought. Typical costs include attorney fees for drafting and prosecution (ranging from €2,000-€5,000 for standard applications), official filing and examination fees to Türkpatent (approximately €500-€1,000), and annual maintenance fees. International filings involve additional costs. Patent attorneys provide detailed cost estimates during initial consultations.

5. Can software and business methods be patented in Turkey?

Software-related inventions can be patented in Turkey if they produce a technical effect beyond normal computer operation. Pure business methods and mathematical algorithms are not patentable, but technical implementations of business processes or software producing technical results may qualify. Patent attorneys evaluate your software innovation to determine patentability and develop claiming strategies that maximize protection within legal boundaries.

6. What happens if someone infringes my Turkish patent?

Patent holders can enforce their rights through civil litigation in specialized intellectual property courts in Turkey. Remedies include injunctions stopping infringing activities, damages compensation, and seizure of infringing products. Patent attorneys in Istanbul can also pursue criminal proceedings in cases of deliberate infringement. Early enforcement action strengthens your position and may lead to favorable settlements.

EP Validation in Turkey

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.

Turkish Patent Application Lawyers

FAQs About Turkish Patent Application

How long does it take to obtain a patent in Turkey in 2025?

The duration can vary based on the complexity of the invention and TürkPatent’s workload. Generally, the process from filing to grant can take between 3 to 5 years. Our lawyers work diligently to expedite the process through timely and complete responses.

What are the three main requirements for a Turkish patent application?

An invention must satisfy three key patentability criteria under Turkish law: Novelty (it must not be part of the prior art), Inventive Step (it must not be obvious to a person skilled in the art), and Industrial Applicability (it must be capable of being produced or used in any kind of industry).

Is Turkey a member of the Patent Cooperation Treaty (PCT)?

Yes, Türkiye is a contracting state of the PCT. This allows international applicants to file a single PCT application and later enter the national phase in Turkey, simplifying the initial filing process for global protection.

Do I need a local lawyer to file a patent application in Turkey?

For applicants domiciled outside of Türkiye, it is mandatory to be represented by a Patent Attorney who is registered with TürkPatent. Akkas & Associates fulfills this requirement and provides expert local representation.

What is the difference between a Patent and a Utility Model in Turkey?

A Patent offers protection for inventions that meet all three patentability criteria (novelty, inventive step, industrial applicability) and has a term of 20 years. A Utility Model is granted for less complex inventions, does not require an inventive step, and has a shorter term of 10 years.

Turkish Patent Registration

FAQs About Turkish Patent Registration

Q1: What is the difference between a Patent and a Utility Model in Turkey?

A patent protects a novel invention with an inventive step and industrial applicability. A Utility Model (sometimes called a “little patent”) provides protection for novel inventions that are industrially applicable but generally do not involve an inventive step as high as required for a full patent. The Utility Model process is often faster and less costly, offering protection for 10 years without examination for inventive step.

Q2: How long does the Turkish patent registration process typically take?

The duration can vary significantly based on the examination process and any objections raised. On average, a successful full patent (examination-required) grant can take between 3 to 4 years from the initial filing date in Turkey.

Q3: Can a foreign company apply for a patent directly in Turkey?

Yes, foreign individuals and companies can apply for a Turkish patent. However, they must be represented by a Turkish Patent Attorney authorized by TÜRKPATENT, such as Akkas & Associates Law Firm.

Q4: What is the duration of patent protection in Turkey?

The maximum term of protection for an invention in Turkey is 20 years from the filing date, provided all annual fees are paid. Protection for a Utility Model is 10 years, non-renewable.

Q5: Are software or business methods patentable in Turkey?

Generally, under Turkish IP Law, computer programs (software) as such and schemes, rules, and methods for performing mental acts, playing games, or doing business are excluded from patent protection. However, a technical invention that uses software or a business method as a component might be patentable if it meets the novelty and inventive step requirements.

Patent Annuities in Turkey

FAQs About Patent Annuities in Turkey

Q1: When do I need to start paying patent annuities in Turkey?

For patent applications filed on or after January 10, 2017, the first annuity payment is due for the third year, payable on the second anniversary of your filing date. For applications filed before this date, payments begin from the second year. All subsequent payments are due annually on the anniversary of your filing date. You must pay these fees to maintain your patent rights throughout the full twenty-year protection period.

Q2: What happens if I miss the patent annuity payment deadline?

If you miss the original payment deadline, you have a six-month grace period during which you can still pay the annuity along with a 25% surcharge fee. If you fail to pay within this grace period, your patent will expire from the original due date. In very limited circumstances, you may be able to restore the patent by paying a compensatory fee within two months of receiving expiration notification, but this option is uncertain and should not be relied upon.

Q3: Do patent annuity fees stay the same throughout the patent’s life?

No, patent annuity fees increase progressively as patents age, and TÜRKPATENT also updates the overall fee schedule annually. The Turkish Patent and Trademark Office announces revised fees each year, typically at the beginning of January, with recent years seeing substantial increases. In 2025, most fees increased by an average of 44% compared to the previous year. You should budget for both the progressive increase based on patent age and annual fee schedule adjustments.

Q4: Can I pay patent annuities myself, or do I need a Turkish patent attorney?

If you reside outside Turkey, you must be represented by a registered Turkish patent attorney for all proceedings before TÜRKPATENT, including annuity payments. This mandatory representation requirement ensures compliance with all procedural requirements and proper communication with the patent office. Even Turkish residents often benefit from professional representation to ensure accurate fee calculation, timely payment, and proper documentation.

Q5: Are patent annuities required for pending patent applications or only granted patents?

Patent annuities must be paid for both pending patent applications and granted patents. The payment obligation begins during the application phase and continues throughout the examination process and after grant. This means you must pay annual maintenance fees even while your application is being examined, not just after receiving patent registration. Failure to pay annuities during the application phase can result in the application being abandoned.

PCT National Phase Entries in Turkey

FAQs About PCT National Phase Entries in Turkey

Q1: What is the primary deadline for PCT National Phase Entry in Turkey?

The mandatory deadline is 30 months from the earliest priority date (or filing date if no priority is claimed). There is a final, non-extendable grace period of three months, allowing entry up to 33 months with an additional fee.

Q2: Is the Turkish translation mandatory upon entry?

Yes, the complete specification (description, claims, abstract, and drawings) must be translated into Turkish. This translation should generally be filed upon entry, but the Turkish Patent and Trademark Office (TÜRKPATENT) allows for a period of up to two months from the national phase entry date to submit the Turkish translation.

Turkish Patent Attorney

Q3: Do I need a local Turkish Patent Attorney to file the National Phase?

Yes. Applicants who are not residents of Turkey are required to be represented by a registered Turkish patent attorney. Akkas & Associates Law Firm provides this mandatory representation.

Q4: Are the PCT search results considered by TÜRKPATENT?

Yes. The International Search Report (ISR) and the Written Opinion of the International Searching Authority (WO/ISA), or the International Preliminary Examination Report (IPER), are highly valuable. The Turkish examiner considers these reports during the substantive examination process.

Q5: Can I convert my PCT application to a Utility Model in Turkey?

Yes, it is possible to enter the National Phase as a Utility Model application, provided the subject matter is eligible (i.e., not a method, pharmaceutical, or chemical invention). A utility model offers a shorter term of protection but a typically faster granting process.

Turkish Utility Model Law

FAQs About Turkish Utility Model Law

1. What kind of inventions are excluded from Utility Model protection in Turkey?

Inventions related to processes, chemical substances, and pharmaceuticals are specifically excluded from Utility Model protection. They must be protected via a standard patent. Methods of surgery or therapy and diagnostic methods practiced on the human or animal body are also excluded.

2. What is the total duration of a Utility Model certificate?

The maximum and non-renewable term of protection for a Utility Model certificate in Turkey is 10 years from the filing date.

3. Can a Utility Model application be converted into a Patent application, and vice versa?

Yes, under specific conditions. A Utility Model application can be converted into a Patent application, and a Patent application can be converted into a Utility Model application, generally within certain time limits set by the law and upon payment of required fees. This allows for flexibility in your IP strategy.

4. How is a Utility Model enforced against infringement?

The right holder can file a civil action for infringement and compensation in the specialized Intellectual Property Courts in Turkey. Akkas & Associates Law Firm, with its experience in IP litigation, can initiate the necessary legal proceedings to stop unauthorized use and recover damages.

5. Are maintenance fees required to keep a Utility Model in force?

Yes, like patents, Utility Models require the payment of annual annuities (renewal fees) to TÜRKPATENT. The first fee is due for the third year from the filing date, and failure to pay these fees on time will result in the loss of rights.

Turkish Patent Infringement Lawsuits

FAQs About Turkish Patent Infringement Lawsuits

Q: How long does a patent infringement lawsuit typically take in Turkey?

A: Patent infringement lawsuits in Turkey generally take 18 to 24 months for district courts to render first instance decisions. However, the timeline can vary significantly depending on the case’s complexity, the need for expert examinations, and whether invalidation counterclaims are filed. Appeals can extend the total duration by an additional year or more.

Q: Can I file a patent infringement lawsuit if my patent is still pending in Turkey?

A: No, you must have a granted patent to file an infringement lawsuit in Turkey. However, once your patent is granted, you may be able to claim damages for infringement that occurred after your application was published, depending on the circumstances and whether the infringer had notice of your pending patent application.

Q: What is the difference between preliminary injunctions and permanent injunctions in Turkish patent cases?

A: Preliminary injunctions are temporary measures granted before or during trial to prevent ongoing infringement and preserve the status quo. They can be obtained relatively quickly but require showing urgency and likelihood of success. Permanent injunctions are issued as part of the final judgment after the court determines that infringement has occurred, providing long-term protection against the infringing activity.

Q: Is patent infringement a criminal offense in Turkey?

A: No, unlike trademark infringement, patent infringement is not a criminal offense under Turkish Industrial Property Law No. 6769. Patent holders must rely on civil remedies including injunctions, damages, and destruction of infringing goods. This means patent enforcement focuses exclusively on civil court proceedings rather than criminal prosecution.

Q: Can I protect my European patent in Turkey?

A: Yes, European patents can be validated and enforced in Turkey. Under the Regulation on Implementation of the European Patent Convention, a European patent application designating Turkey enjoys protection and is enforceable in Turkey starting from the filing of translation of the claims with the Turkish Patent and Trademark Office or from the date the other party is made aware of the invention.

Q: What are the main defenses available to someone accused of patent infringement in Turkey?

A: The most common defense is filing an invalidation counterclaim challenging the patent’s validity on grounds such as lack of novelty or inventive step. Other defenses include prior use rights (demonstrating good faith use before the patent application date), arguing non-infringement (showing that the accused product or process does not fall within the patent’s scope), and prosecution history estoppel if the patent holder relies on the doctrine of equivalents.

Q: How much does it cost to file a patent infringement lawsuit in Turkey?

A: Official court fees at first instance are approximately 5,000 Turkish lira, excluding expert fees. Expert fees typically range from 6,000 to 15,000 Turkish lira for a three-expert committee. Additional costs include attorney fees, translation costs if dealing with foreign patents, and potential appeal fees. The prevailing party generally recovers official fees and court-determined attorney fees from the losing party.

Turkish Patent Cancellation Lawsuits

FAQs About Turkish Patent Cancellation Lawsuits

What are the main grounds for filing a patent cancellation lawsuit in Turkey?

The primary grounds for patent cancellation include lack of novelty, absence of inventive step, insufficient industrial applicability, inadequate disclosure of the invention, exceeding the scope of the original application, and situations where the patent holder lacks proper entitlement. Each ground requires specific evidence and technical documentation to support the cancellation claim.

How long does a patent cancellation lawsuit typically take in Turkey?

Patent cancellation proceedings in Turkish IP Courts typically take between 18 to 36 months from filing to final judgment at the first instance level. However, the timeline can vary significantly depending on case complexity, expert report requirements, and court schedules. Appeals to regional courts and the Court of Cassation can extend the total duration considerably.

Can a patent be partially invalidated in Turkey?

Yes, partial invalidation is possible under Turkish patent law. If certain claims of a patent fail to meet patentability requirements while others remain valid, the court can issue a partial invalidation decision. However, individual claims cannot be partially invalidated—they are either upheld in full or invalidated completely. Remaining claims must meet all patentability criteria to survive partial invalidation.

Turkish Patent Attorney

What is the difference between opposition and cancellation proceedings?

Opposition proceedings occur within six months after patent grant and are conducted administratively before the Turkish Patent and Trademark Office. They provide a faster, less expensive avenue for challenging patents.

Cancellation lawsuits, on the other hand, are judicial proceedings filed in specialized IP Courts and can be initiated at any time during the patent’s validity period. Cancellation lawsuits involve more formal procedures, higher costs, and longer timelines.

Can foreign companies file patent cancellation lawsuits in Turkey?

Yes, foreign companies and individuals can file patent cancellation lawsuits in Turkey. However, they must be represented by a Turkish attorney registered with a Turkish bar association. Foreign parties should also designate an address for service in Turkey or appoint a local representative for receiving official notifications throughout the proceedings.

What happens to licensing agreements if a patent is cancelled?

When a patent is invalidated through cancellation proceedings, existing licensing agreements typically become void as they relate to the cancelled patent. Licensees may have grounds to seek refund of royalties paid during the period of invalidity, depending on the specific terms of their licensing agreements and the circumstances of the cancellation. This makes patent cancellation an important consideration for licensees facing infringement claims.

Are patent cancellation decisions subject to appeal?

Yes, first instance court decisions regarding patent cancellation can be appealed to regional courts, which conduct comprehensive reviews of both factual and legal aspects. Regional court decisions can subsequently be challenged before the Court of Cassation (Supreme Court), though at this level review is typically limited to legal matters rather than factual reassessment. This multi-tier appeal system ensures thorough review of patent cancellation decisions.

Contact our Turkish Patent Lawyers in Istanbul

For expert Turkish patent lawyers in 2025, protecting innovations demands precision amid fee hikes and legal shifts. Whether registering patents, handling IP litigation, or navigating TÜRKPATENT processes, Akkas & Associates Law Firm delivers top-tier service from Istanbul.

Contact us today to schedule a consultation with our dedicated team of Turkish patent lawyers and experience the difference of working with a firm that prioritizes your success. Let us help you turn your innovative ideas into tangible assets with reliable legal support every step of the way.

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