FAQs on Patent Renewals in Turkey

FAQs on Patents and Utility Models in Turkey

Are patent annuities (also known as patent maintenance fees or patent renewal fees) due when patent applications are pending?

Yes, patent annuities are required to be paid during patents are pending.

When do patent annuities start to be paid?

In respect of the patent application filed on or after 10 January 2017, on which New Industrial Property Law (Law No. 6979) came into force, patent annuities are due in respect of the third and each consecutive year, calculated from the date of filing. In respect of the patent applications filed before 10 January 2017 under the Old Decree Law (Decree Law No. 551), patent annuities are due in respect of the second and each consecutive year, calculated from the date of filing.

How due date for an annuity is calculated?

Patent annuities in respect of the coming year are due on the day of the month in which the anniversary of the date of filing falls. For instance, if a patent application was filed on 15 November 2017, the third annuity becomes due on 15 November 2019 and should be paid before this date.

Is it possible to make bulk paymentsat once?

No, it is not possible to pay the annuities in a bulk payment. They should be individually paid where they are due for payment.

Is there any grace period for the payment of a patent annuity?

Yes, there is a grace period and annuities may still be validly paid up to six months after the due date.

In the case of paying the patent annuity in grace period, should any surcharge or additional fee be paid?

Yes, an additional fee equal to 25% of the belated annuity is required.

When does patent or patent application ends if patent annuity is not paid within the prescribed time limits?

If annuity for a patent or patent application is not paid within due date and subsequent six-month grace period, patent or patent application ends as from the due date, namely the day of the month in which the anniversary of the date of filing falls.

For instance, if a patent application was filed on 15 November 2017, the third annuity was not paid in due date, i.e. 15 November 2019, and within the six-month grace period following the due date, i.e. 15 May 2020, the patent application will be deemed to end as from 15 November 2019.

Is there any official notification regarding the termination of patent rights due to lack of payment of patent annuities and until when such notification is issued and sent?

Yes, TÜRKPATENT issue and send an official notification (lapse notice) informing that patent rights are lapsed. TÜRKPATENT is obliged to issue such notification at the latest within 1 year as from the due date on which patent rights were lapsed.

Following the notification, information regarding the termination of patent rights is published in Turkish Patent Bulletin.

Is there any possibility to restore the rights if patent annuities are failed to be paid within the prescribed time limits?

Yes, it is still possible to restore the rights within 2 months as from the notification date of the lapse notice issued by TÜRKPATENT provided that the increased annuity fee (called “recovery fee”) is paid. The increased fee means one and a half times the required annuity fee which was not paid in due time.

For restoring the rights, it is not required to submit any reasoned statement regarding the failure to pay the annuity in due time. In other words, a simple request will be sufficient to restore the rights with the payment of the increased official fee.

What will be the consequences if a request for restoring the rights are not filed in due time?

If a request for restoring the rights are not filed in due time, patent rights will be terminated.

If patent rights are restored after the termination of patent rights due to failure to pay the patent annuities within the prescribed time limits, are the rights of third parties protected?

Restoration of the patent rights does not affect the acquired rights of third parties due to the lapse of the patent rights. The rights of third parties and their scope are determined by the Court.

Is there any time limitation for the payment of patent annuities?

Patent annuities should be paid during the patent term of 20 years to keep patents in force.

Is there any special requirement for patent annuities in respect of divisional applications?

When a divisional application is filed, annuities of the previous years (calculated from the filing date of parent application) come due and should be paid simultaneously with the filing. In case that the annuities in respect of the previous years are not paid with the filing, it will be still possible to pay the annuities of the previous years within 2 months as from the submission date of the demand for divisional application. If patent annuities of the previous years are not paid within the prescribed time limits defined above, divisional application is deemed to be withdrawn.

Is it required to pay patent annuities for patents of addition?

No, there is no requirement for patents of addition. In other words, patent annuities are not paid for patents of addition.

Is main patent (application) of a patent of addition is lapsed due to failure to pay patent annuities, what will happen to patent of addition?

If main patent (application) of a patent of addition is lapsed to failure to pay patent annuities, patent of addition is converted into independent patent (application) by TÜRKPATENT.

Is patent of addition is converted into independent patent (application), when and how the patent annuities should be paid?

After the conversion, applicant or patent holder is required to pay the annuities of the previous years (without any additional fee) within 3 months as from the official notification of the conversion. The due dates for annuities are calculated as from the filing date of patents of addition (converted into independent patent) (not the filing date of the main patent).

Is it required to pay patent annuities for secret patents?

No, patent annuities are not required to be paid for secret patents insomuch as they remain secret. If secrecy is removed, patent annuities are required.

Is it required to pay patent annuities if an invention cannot be put into use or use by the right holder due to a legal monopoly?

No, patent annuities are not required to be paid if an invention cannot be put into use or use by the right holder due to a legal monopoly.

When a PCT application is nationalized in Turkey, are payment of patent annuities of the previous years are required; and if any is there any surcharge or additional fee for that?

Yes, when PCT application is nationalized in Turkey, patent annuities of the previous years are paid with the national phase entry without any surcharge (additional fee). If patent annuities of the previous years are not paid together with the national phase entry, they can be still paid within 6 months as from the date of national phase entry, but with a surcharge (additional fee).

When European patent is validated in Turkey, are patent annuities of the previous years are required to be paid; and 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.

Where can we reach the schedule of the official fees for patents and utility models?

TÜRKPATENT shows the schedule of official fees in its official website turkpatent.gov.tr . Please click here to see the official fees.

Is there any time interval that official fees are expected to be increased?

Yes, official fees are typically increased at once each year as from January 01.

Is it possible for those that have no residence in Turkey to directly pay patent annuities without using Turkish Patent Agent?

Not possible. Payment of the annuities can be only handled and made by a Turkish Patent Agent.

Which documents are required for the payment of the patent annuities?

There are no documents, e.g. Power of Attorney (PoA), required for the payment of patent annuities.

Does the entity status decrease official fee?

No, legal and real entities should pay the same amount of official fees. Furthermore, any reduction is not allowed in terms of the size of a legal entity.

Upon payment of patent annuities, does TÜRKPATENT issue any official communication or certificate confirming renewal of patent or patent application?

No, TÜRKPATENT does not issue any official communication or certificate confirming renewal of patent or patent application.

When a patent or patent application is deemed to be renewed duly?

Upon payment of patent annuities, a patent or patent application is deemed to be renewed duly. No further action, procedures or time is required.

Do you need advice?

We will be pleased to assist you and provide the necessary advice in response to your inquiries. Please feel free to contact us!

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