FAQs on European Patent Validations in Turkey

FAQs on Patents and Utility Models in Turkey

What is the deadline for validating European patent in Turkey?

European patents should be validated within 3 months from publication of the decision to grant in the European Patent Bulletin.

Is there any extension of time to validate a European patent in Turkey?

No, there is no extension of time for validating European patents in Turkey. The request for validation should be filed within 3 months from the publication of the decision to grant.

Whereas the time limit for validation is 3 months from the publication of the decision to grant, Turkish translation of the specifications of European patent can be filed within an additional 3 months - i.e. within 6 months from the publication of the decision to grant - provided that request for validation be filed within 3 months from the publication of decision to grant in the European Patent Bulletin and additional fee for lately submitting Turkish translation (usually 50% of official fee) be paid.

For example, if the decision to grant European patent was published on 01.06.2019, the deadlines will be as follows in the case that the Turkish translation will be submitted lately out of 3-months period.

  • Deadline for filing request for validation: 01.09.2019
  • Deadline for paying official validation fee: 01.09.2019
  • Deadline for paying additional official fee for late filing of Turkish translation: 01.09.2019
  • Deadline for filing Turkish translation: 01.12.2019

If European patent is not validated within prescribed time limits, is there any possibility for re-establishment of rights?

The availability of re-establishment of rights for missed European patent validation deadlines in Türkiye remains a controversial issue.

Under the former Patent Decree Law No. 551, there was no provision allowing the re-establishment of rights. Consequently, where the requirements for validating a European patent in Türkiye were not fulfilled within the prescribed time limits, the loss of rights could not be remedied.

This issue became particularly significant following the entry into force of the Industrial Property Law (IPL) on 10 January 2017. The IPL introduced a general mechanism for the re-establishment of rights in patent matters (Article 107(2)), largely mirroring the corresponding provisions of the European Patent Convention. Under this mechanism, a request for re-establishment of rights may be granted if the applicant or proprietor, despite exercising all due care required by the circumstances, failed to observe a time limit. The request must be filed within two months from the removal of the cause of non-compliance and, in any event, no later than one year from the expiry of the missed deadline.

Despite the introduction of Article 107(2), the Turkish Patent and Trademark Office (TÜRKPATENT) has consistently rejected requests for the re-establishment of rights relating to missed European patent validation deadlines. As a result, several disputes have been brought before the Turkish courts.

In 2025, the Turkish Supreme Court (Yargıtay) issued two significant decisions confirming that TÜRKPATENT’s practice is consistent with the applicable legislation. In both cases, the Court upheld the refusal of requests seeking the re-establishment of rights for missed European patent validation deadlines.

For further information, please see our articles:

As this area of law continues to evolve, it is advisable to consult a Turkish patent attorney regarding the latest legal position before relying on the availability of re-establishment of rights in any particular case.

If European patent is not validated in Turkey, what will be the consequences?

If a European patent is not validated in Turkey, it will be deemed to be invalid as from the very beginning, namely filing date, in Turkey.

Which documents are required for validation of European Patent in Turkey?

The followings are required:

  • European patent publication page of grant decision (so-called B1 Document),
  • Turkish translation of European Patent Specifications,
  • Declaration signed by Turkish Patent Attorney confirming that Turkish translation is same as the original text,
  • Request for validation and payment receipt of official fee required for validation.

Is Power of Attorney required for validating a European patent in Turkey?

No, Power of Attorney is not required for European patent validations in Turkey.

Is it sufficient to translate and file translation of claims to validate European patents in Turkey?

No, Turkish translation of the specifications, i.e. description, claims, and drawings, should filed.

Is European Patent validated in Turkey published?

Yes, European patent validated in Turkey is published in Turkish Patent Bulletin.

Is Turkey a part of the London Agreement?

No, Turkey is not a part of the London Agreement.

Is it possible to file corrected translation where necessary?

Yes, corrected translation can be filed any time but it should be published in Turkish Patent Bulletin for coming into effect; otherwise, it will not have effect. On the other hand, good faith of third parties who had used the invention subject to European patent before the submission of corrected translation are protected and they are allowed to use the invention provided that the use of the invention does not infringe the first version of the Turkish translation.

Do European patents have the same enforceable effect as national patents?

Yes, European patents have the same effect as national patents. Further, European patent applications are deemed as Turkish national patent application after a filing date has been assigned.

After filing request for provisional protection with Turkish translation, is there any publication?

Yes, European patent application with Turkish translation of claims is published in Turkish Patent Bulletin.

In the course of European patent application being processed before EPO, can it be put forward against third parties in Turkey?

Published European patent applications (not yet granted) can be put forward against third parties provided that provisional protection is demanded by filing claims before TÜRKPATENT and Turkish translation of those claims are published in Turkish Patent Bulletin, or Turkish translation of claims are notified to relevant third party or parties in Turkey.

For provisional protection, which documents should be submitted and when?

For obtaining provisional protection for European patent application in Turkey, translation of claims, abstract and drawings into Turkish language should be filed and official fee associated with provisional protection should be paid.

What is the effect of grant of European Patent?

European patent is deemed a national patent as from the publication date of decision to grant in European Patent Bulletin and provided that it is validated in Turkey.

Is it required to appoint Turkish Patent Attorney for validating European patent?

If owner of European patent has not place of business in Turkey or has no industrial and commercial activity in Turkey, Turkish Patent Attorney should be appointed for submitting request for validation and Turkish translation.

Which text is considered for determining scope of protection of European patent, i.e. granted text in original language or Turkish translation of granted text?

Turkish translation of granted text is taken into account in determining the scope of European patent. In other words, if Turkish translation of European patent is narrower than original text of European patent, Turkish translation will be considered for protection. There is one exception however, which is that in invalidity actions against European patent, the original text of European patent is considered.

Is it possible to branch off Turkish utility model application from a pending European patent application?

No, there is no possibility to branch off Turkish utility model application from European patent application. In other words, it is not possible to spin off Turkish Utility Models from European patent applications.

Is there any possibility to convert a pending European patent application into Turkish patent or utility model application?

Conversion of a European patent application into Turkish patent or utility model application is only possible under Article 77 (3) (EPC) , where a European patent application is not forwarded to the European Patent Office in due time by Turkish Patent and Trademark Office shall be deemed to be withdrawn. In that case, conversion takes place upon request of the applicant.

Excluding that under Article 77 (3) (EPC) , it is not possible to convert a European patent application into Turkish patent or utility model application.

Is there any possibility to obtain parallel protection for the same subject matter through national and European patent applications?

Not possible, it is not possible to protect the same invention by both national patent and European patent simultaneously. Turkish Patent Law does not allow double protection, by either patent or utility model or either national patent or European patent at the same time.

In the case of existence of both national patent application and European patent application claiming same priority for the same subject matter, when parallel European patent application is granted and validated in Turkey, corresponding Turkish national patent or patent application become invalid after termination of opposition period before EPO provided that there has not been filed any opposition during the opposition period or European patent is not amended during the opposition period if any opposition is filed.

With the coming into force of New Industrial Property Law on January 10, 2017, are there any special instances for European patent applications or European patents to be taken into account?

European patents nationalized before the coming into force of New Industrial Property Law on January 10, 2017 are required to be handled and processed according to the Abolished Patent Decree Law (Law No. 551). The important instances are the following:

  • Invalidity actions filed against European patents validated in Turkey before the entry into force of New Industrial Property Law, will be handled under the Abolished Patent Decree Law (Law No. 551).
  • Use requirements in respect of European patents validated in Turkey before the entry into force of New Industrial Property Law should be performed according to the provisions under the Abolished Patent Decree Law (Law No. 551).
  • Any infringement action against third parties on the basis of European patents validated in Turkey before the entry into force of New Industrial Property Law, will be handled under New Industrial Property Law.

When European patent is validated in Turkey, are the patent annuities of the previous years required to be paid; if any, is there any surcharge or additional fee for that?

There is no requirement for paying patent annuities of the previous years after validating European patent in Turkey. Patent annuities for a European patent validated in Turkey are due as from the date of the terms mentioned in Article 86 (2) (EPC) .
In case that a patent annuity becoming due and payable within 3 months as from the publication of decision to grant in respect of European patent are paid to TÜRKPATENT within that term, they are deemed to be validly paid and no additional fee is requested.

Take the following example:

  • Publication date of decision of grant: 15 July 2017.
  • Next due annuity: 14 September 2017
  • The validation deadline in Turkey: 15 October 2017 (calculated from Publication date of decision of grant)

In the above case, the next annuity can be validly paid till 15 October 2017 without any additional fee.

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