Patent Prosecution in Türkiye: What You Need to Know

Türkiye offers a structured and increasingly sophisticated patent system under the Turkish Industrial Property Code (Law No. 6769 ). Understanding the procedural steps—and the strategic choices within them—is essential for securing robust protection.

This guide outlines the key stages of patent prosecution, available filing routes, and critical legal considerations, including pharmaceutical and biotech-specific rules.

Patentability Criteria in Türkiye

To be patentable, an invention must satisfy three core requirements:

  • Novelty
  • Inventive step
  • Industrial applicability

These criteria are defined under the Industrial Property Law and closely aligned with international standards.

What Is Not Patentable?

The following are not considered inventions:

  • Discoveries, scientific theories, mathematical methods
  • Business methods, game rules, mental acts
  • Computer programs (as such)
  • Aesthetic creations and artistic works
  • Presentation of information

Additionally, patents will not be granted for:

  • Inventions contrary to public order or morality
  • Methods of medical treatment or diagnosis
  • Discoveries relating to the human body
  • Human cloning processes

Utility Model Protection

Türkiye also offers utility model protection:

  • Duration: 10 years
  • Inventive step not required
  • Faster and simpler than patents

However, utility models are not available for:

  • Chemical and biological inventions
  • Pharmaceutical products or processes
  • Biotechnological inventions

Grace Period: Disclosure Protection

Türkiye provides a 12-month grace period for disclosures made:

  • By the inventor
  • By an authority receiving the application
  • By third parties deriving information from the inventor

Such disclosures do not destroy novelty, provided they occur within this period.

Filing Routes in Türkiye

1. National Filing

Applications can be filed directly before the Turkish Patent and Trademark Office (TÜRKPATENT).

Key stages:

  • Filing
  • Formal examination
  • Search and examination
  • Publication
  • Grant

2. PCT National Phase

Türkiye is a member of the PCT system administered by the World Intellectual Property Organization (WIPO).

  • Entry deadline: 30 months from priority
  • Late entry possible up to 33 months (with fees)
  • Further delay requires re-establishment of rights (rare in practice)

Turkish translation must be submitted within 2 months of entry.

3. European Patent Validation

Türkiye is a member of the EPC system.

  • Validation deadline: 3 months from grant publication
  • Turkish translation required
  • No extension or re-establishment available

The validated patent becomes enforceable as a national right.

Search and Examination Process

Search Request

  • Must be requested within 12 months (patents)
  • Mandatory step—no reminder issued

Expedited Search (since 2024)

Standard searches may take over 12 months.

Examination Stage

After the search report:

  • Examination must be requested within 3 months
  • Patentability is assessed

If objections arise:

  • Applicant has 3 months to respond
  • Up to three examination reports may be issued

Failure to respond → application deemed withdrawn

Accelerating Examination: Patent Prosecution Highway (PPH)

The Patent Prosecution Highway (PPH) allows accelerated examination based on a positive result from another office.

TÜRKPATENT has bilateral programmes with:

  • Spanish Patent and Trademark Office
  • Japan Patent Office

This route can significantly reduce prosecution time.

(see A short overview: Turkish PPH practice )

Annuities and Maintenance

Annual fees:

  • Start from the 3rd year
  • Paid annually in advance

Late payment:

  • Allowed within 6 months (with surcharge)

Failure to pay:

  • Patent lapses
  • Possible recovery of rights even after lapses but within a limited time

(see Patent Renewals (Annuities) in Türkiye )

Use Requirement and Compulsory Licensing

Patents must be used:

  • Within 3 years from grant, or
  • 4 years from filing (whichever is later)

If not used:

  • Declaration of non-use must be filed
  • Or licence offer submitted

Failure to act → risk of compulsory licence

Courts assess:

  • Market conditions
  • Technical barriers
  • Regulatory constraints

Remedies: Further Processing & Re-establishment

Further Processing

  • Available within 2 months of missed deadline
  • Removes legal consequences of delay

Re-establishment of Rights

  • Must show due care
  • Filed within:
    • 2 months from removal of cause
    • Max 1 year from missed deadline

Strictly applied in practice.

Key Takeaways

  • Türkiye offers multiple filing routes (national, PCT, EPC validation)
  • Expedited search and PPH can significantly shorten timelines
  • Maintenance and use obligations are critical

A well-planned prosecution strategy in Türkiye requires more than procedural compliance. It demands careful timing, jurisdictional awareness, and alignment with both local and international patent frameworks.