Patents Laws in Turkey
Here’s an overview of Patent Laws in Turkey:
🔹 Governing Law:
Industrial Property Law No. 6769 (effective from January 10, 2017)
Administered by the Turkish Patent and Trademark Office (Türk Patent ve Marka Kurumu)
🔹 Patentability Criteria:
To be patentable in Turkey, an invention must:
Be novel — It must be new and not previously disclosed anywhere in the world.
Involve an inventive step — It must not be obvious to a person skilled in the relevant field.
Have industrial applicability — The invention must be capable of being used or produced in an industry.
🔹 What Cannot Be Patented:
Discoveries, scientific theories, mathematical methods
Aesthetic creations (artistic works)
Schemes, rules, or methods for intellectual activities, games, or business
Computer programs “as such” (software is patentable only if it produces a technical effect)
Methods of diagnosis, treatment, and surgical methods on humans or animals (products used in these methods can be patented)
🔹 Application Process:
Filing: Patent applications can be filed directly or based on an earlier priority application (foreign or provisional).
Formal Examination: Turkish Patent Office (TPO) reviews the application for compliance with filing requirements.
Request for Substantive Examination: Must be filed within 3 years from the application date; otherwise, the application is deemed withdrawn.
Substantive Examination: TPO examines novelty, inventive step, and industrial applicability.
Publication: Patent applications are published 18 months after the filing or priority date.
Grant: If the examination is successful, the patent is granted.
🔹 Patent Duration and Maintenance:
Patents last 20 years from the filing date.
Annual renewal fees are payable starting from the 4th year to maintain the patent.
🔹 Enforcement:
Patent owners can enforce their rights through civil courts.
Remedies include injunctions, damages, and destruction of infringing products.
Criminal penalties may also apply in cases of willful infringement.
🔹 International Treaties:
Turkey is a member of:
Paris Convention (for claiming priority)
Patent Cooperation Treaty (PCT) — National phase entry within 30 months
European Patent Convention (EPC) — Turkey is a validation state, meaning European patents can be validated in Turkey.
TRIPS Agreement under WTO
Additional Notes:
Turkey offers a fast-track examination option for certain fields.
Applicants can file applications online via the TPO’s portal.
The law also includes provisions for utility models as a faster alternative protection with a shorter term.
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