Pages 354-360

INFORMATION FROM THE CONTRACTING / EXTENSION STATES

TR Turkey

Impact of the European Patent Convention on national law

On 1 November 2000, Turkey became the 20th contracting state to the EPC. Provisions implementing the EPC and bringing Turkish patent law into line with the EPC and CPC are contained in Decree-Law No. 551 of 27 June 1995 on the Protection of Patents and its implementing regulations.

A. National legal bases

1. Decree-Law No. 551 of 27 June 1995 on the Protection of Patents (DL No. 551) as amended by Law No. 4128 of 7 November 1995

2. Implementing regulations 1995 to DL No. 551, as last amended on 6 December 1998 (IR)

3. Regulation of 9 January 2001 implementing the Convention on the Grant of European Patents in Turkey (RegEPC)

B. Application of the EPC in Turkey

The main provisions relating to the application of the EPC in Turkey are summarised below:

The information is structured in the same way as in the EPO brochure "National Law relating to the EPC". This summary may therefore be used as a supplement to the brochure until a revised edition is published.

1. Filing of European patent applications (Article 75 EPC, Rule 6 RegEPC)

European patent applications may be filed either with the EPO or with the Turkish Patent Institute1:

Turkish Patent Institute

Necatibey cad. No: 49

06440 Kizilay/Ankara

Turkey

European patent applications for inventions made in Turkey and with subject-matter of significance for national security must be filed with the TPI. Filing of documents by facsimile is not permitted. European patent applications filed with the TPI may be drawn up in Turkish, English, French or German. Applicants with neither a residence nor principal place of business in Turkey may file European patent applications in one of the languages under Article 14(1) and (2) EPC, but must give an address for service in Turkey.

II. A. Rights conferred by a European patent application after publication (Articles 67 and 93 EPC, Article 137 DL No. 551, Rules 8 and 9 RegEPC)

Under Rule 8 RegEPC, a published European patent application designating Turkey enjoys provisional protection as from the date on which a translation of the claims as submitted by the applicant has been published by the TPI or has been notified to the alleged infringer.

B. Filing a translation of the claims (Article 67(3) EPC, Rules 9 and 16 RegEPC)

The translation of the claims must be filed with the TPI in triplicate, and the appropriate fee paid. The TPI accepts documents meeting the formal requirements of Rule 35(3) to (14) EPC. The translation may be corrected, subject to payment of a fee.

The translation must be accompanied by the following details: the European patent application's filing and publication numbers and dates, the names and addresses of the applicant, the inventor and any domestic representative, the IPC class, the title of the invention, the abstract, any drawings and any priority claimed.

For applicants with neither a residence nor principal place of business in Turkey, the translation must be filed by a representative authorised to act before the TPI.

III. Filing a translation of the patent specification (Article 65 EPC, Rules 12, 14 and 16 RegEPC)

A European patent designating Turkey has effect only if a Turkish translation of the text in which the EPO intends to grant the patent, or decides to maintain it as amended, is filed with the TPI and the prescribed fee paid. If this requirement is not met, the European patent will be regarded as void ab initio.

The translation must be filed and the appropriate fee paid within three months of the date on which the mention of grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. The period can be extended by three months if a surcharge is paid before the end of the first three-month period.

The TPI accepts translations meeting the formal requirements of Rules 32 and 35(3) to (14) EPC. The translation must be accompanied by the following details: the European patent application's filing and publication numbers and dates, the number and date of the European Patent Bulletin in which the mention of grant was published, the names and addresses of the applicant, the inventor and any domestic representative, the IPC class, the title of the invention, the abstract, any drawings, any priority claimed and a signed declaration stating that the translation corresponds to the original text of the patent specification. If the EPO maintains the patent in an amended form, a Turkish translation of the amended text must be filed.

The translation may be corrected subject to payment of a fee; the issue date and number of the original publication of the translation in the Patent Bulletin must be clearly indicated.

For applicants with neither a residence nor principal place of business in Turkey, the translation must be filed by a representative authorised to act before the TPI.

IV. Authentic text of a European patent application or European patent (Article 70 EPC, Rules 15 and 17 RegEPC)

The translation is the authentic text of the European patent application or patent if the scope of protection is narrower than in the language of proceedings. This does not apply, however, in revocation proceedings. Regarding the rights of a prior user where a translation is corrected, Rule 17 RegEPC provides for the safeguards mentioned in Article 70(4)(b) EPC.

V. Payment of renewal fees for European patents (Article 141 EPC, Articles 134 and 173 DL No. 551, Rule 18 RegEPC)

Renewal fees are payable to the TPI for the years following that in which the European Patent Bulletin mentions the grant of the European patent. Failure to pay the renewal fee will result in the lapse of the patent as from the start of the patent year for which the fee has not been paid.

Renewal fees fall due on the anniversary of the date of filing, but the first such fee does not fall due until two months after the date on which the patent is granted. They may also be paid within a grace period of up to six months of the due date, subject to a monthly surcharge of 25% of the unpaid fee.

Restitutio in integrum is possible. The request must be submitted within six months of publication, in the Patent Bulletin, of the patent's lapse due to non-payment of renewal fees.

For applicants with neither a residence nor their principal place of business in Turkey, the renewal fees must be paid by a representative authorised to act before the TPI. The same applies to the proceedings in respect of restitutio in integrum.

The TPI does not issue reminders in case of non-payment.

Renewal fees are currently as follows:

All fees are revised annually as at 1 January.

VI. Conversion of European patent applications into national patent applications (Articles 135 to 137 EPC, Rules 19 and 20 RegEPC)

Under Turkish law, conversion occurs at the applicant's request in the case of deemed withdrawal under Article 77(5) EPC (Rule 19 RegEPC). The request for conversion must be filed within three months of the owner of the European patent application being notified of the withdrawal of the application (Article 135(2) EPC, Rule 20 RegEPC). A Turkish translation of the application must be filed and the appropriate fee paid within three months of filing the request for conversion.

VII. Payment of fees

Payments to the TPI may be made by bank transfer to account No. 4214-1099999 with the "Türkiye Is Bankasi/Ankara Kizilay Subesi" or account No. 30426/132 208 with the "TC Ziraat Bankasi/Ankara Necatibey Subesi". They must be made in Turkish Lira.

VIII. Miscellaneous

1. Simultaneous protection (Article 139(3) EPC, Rule 21 RegEPC)

Where a national patent or a utility model certificate relates to an invention for which a European patent has been granted to the same inventor or his successor in title, with the same date of filing or priority, the national patent or utility model certificate shall be ineffective from either the date on which the period for filing an opposition to the European patent has expired without any opposition being filed or the date on which the opposition proceedings are concluded with a decision to maintain the European patent. A national patent granted at a date later than either of the two just mentioned will take no effect.

2. Territorial field of application of the EPC (Article 168 EPC)

The EPC applies in the territory of the Republic of Turkey.

C. Amendment of Turkish patent law

1. Patentability

The patentability criteria (concept of invention, novelty, inventive step, industrial application) are fully consistent with those of the EPC (Articles 52 to 57 EPC).

2. Term of the patent

A patent is granted for a term of 20 years, as from the date of filing the application.

3. Rights conferred by the patent

The rights conferred by the patent reflect the provisions of the Community Patent Convention (see Article 25 ff CPC 1989).

4. Extent of protection

The extent of protection conferred by the patent is determined by the claims. The description may serve as a guide to interpreting the claims.

D. Other international treaties

The Paris Convention entered into force for Turkey on 1 February 1995. The 12-month priority period under the Paris Convention may be claimed for patents and utility models.

The Patent Cooperation Treaty (PCT) entered into force for Turkey on 1 January 1996.

On 1 October 1996, Turkey acceded to the Strasbourg Agreement Concerning the International Patent Classification (IPC).

Since 5 August 1997, Turkey has been a contracting state to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

Turkey is a contracting party to the TRIPs Agreement. DL No. 551 corresponds to the said agreement, and to the other international agreements referred to above.