Entry Into The National Phase in Turkey

Upon receipt of your instructions, we file the PCT national phase entry with the Turkish Patent and Trademark Office (TPTO) in the light of the information provided such as the international publication number and amendments to be filed with the national phase application (if any). Priority should be claimed either at the time of filing or within two months as from the date of filing of the patent application in Turkey.

PCT applications entering into national phase are being examined formally by the examiners at the TPTO and they are not subject to search procedure since International Search Reports are readily accepted by the Turkish Patent and Trademark Office. Following the formal examination, the TPTO will demand an examination report.

Applications entering into national phase in Turkey under Chapter II are automatically prosecuted according to patent system with substantive examination. Examining stages are performed by the TPTO.

Please be advised that the entry into national phase of PCT patent application may be filed within 30 months from the priority date. However, you may also file within 33 months from the priority date without jeopardizing the rights derived from the PCT application if an additional charge for late entry into national phase is paid. After expiration of the 30-month period, Turkish translation may be filed within a month by paying an additional fee.

Upon receipt of the examination report and after completion of the publication term, if the TPTO is convinced that the application fulfills the patentability requirements, the patent will be granted for 20 years. Otherwise, it will be rejected by the TPTO.

Regarding payment of the annuities, 2nd and 3rd year annuity payments need to be paid at the time of filing. For the following years, the due date is the application day and month of every year.

Lastly, obligation to submit evidence of use to the TPTO removed while “use requirement” remained in force in case a third party demands a compulsory license.

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