PATENT

Patent

The protection period of a patent is 20 years. As an option, it is also possible for an applicant to delay substantial examination stage for 7 years by obtaining a non-examined patent protection in Turkey.
Patentability criteria
- world-wide novelty,
- inventive step
- industrial applicability.

Priority term is 12 months from the priority date and priority document should be filed within 3 months from the Turkish filing date (non-extendible).

The period from filing to registration is about 4-5 years.

Stages :

Formal Examination (1-3 months)
Novelty Search (should be requested within 15 months from the priority date)
Publication of The Application (18 months from the priority date)
Publication of Search Report
Decision for the selection of Patent Type (Examined Patent for 20 years or Non-Examined Patent for 7 years)
Substantial Examination & Further Prosecution
Registration

Utilitiy Model

The protection period of a utility model is 10 years. Chemicals and processes cannot be protected by utility models. Patentability criteria:
- Novelty
- industrial applicability
(inventive step is not required).
No novelty search and examination stages are carried out.
Priority term is 12 months from the priority date
The period from filing to registration is about 14 month.

Stages :

Formal Examination (1-3 months),
Publication for the opposition of third parties (3 months) and
Registration (3-4 months)

Search & exemination

Since 2005, the Institute has carried out patent search and examinations on limited patent classifications.
So search and examination reports of patent applications have been prepared by agreed patent offices. These patent offices arre;
- Danish Patent Office,
- Russian Patent Office,
- Austrian Patent Office (accelerate an application for an extra fee)
- Swedish Patent Office
- Turkish Patent Institude (limited patent classification)
- European Patent Office (only for search reports.)

The Decree Law sets a maximum of three examination reports. The first one corresponds to the substantial examination report, and second and third reports cover the examination of the applicant’s response against defects cited by the examiner. The last examination report is associated with a final official decision regarding grant or rejection.

Divisional application may be filed at any time but not until the parent application is approved or revoked