Patent protection in Türkiye is maintained through the annual payment of renewal fees (annuities) during both the pre-grant (application) and post-grant (registration) periods.

This article provides an overview of patent renewals in Türkiye, including European patent validations and PCT national phase entries, with reference to Article 101 of the Industrial Property Code No. 6769.

General rule: annual annuities

Under Turkish patent law:

  • Annuities are payable annually starting from the 3rd year
  • The due date is calculated based on the filing date
  • Annuities apply to both:
    • pending applications, and
    • granted patents

Annuities fall due on the anniversiary date of the filing date and may only be paid within the calendar year in which they are due.

For example:

  • If an annuity is due in 2027, it cannot be paid in advance in 2026
  • The payment window opens as of 1 January 2027, and the annuity may be padi at any time up to and including the anniversary of the filing date.

Grace period and late payment

A 6-month grace period is available:

  • Payment may still be made subject to a surcharge
  • If payment is not made within this period, the patent/application is deemed lapsed and a notice of lapse is sent to the patent applicant/owner.

Recovery mechanism for lapsed patent rights under Article 101

The lapse of a patent does not necessarily mean that the rights are irreversibly lost. The Turkish Industrial Property Code provides an additional opportunity to recover such rights within two months from the notification of lapse pursuant to Article 101 .

Lapsed rights may be recovered upon request, provided that the request is filed within two months from the date of notification of the lapse, together with the payment of:

  • the outstanding annuity fee; and
  • the applicable recovery fee.

A simple request together with payment of the required fees is sufficient; no justification for failure to pay within the due date or grace period is required.

Such recovery does not prejudice third-party rights acquired in good faith during the period in which the patent was lapsed.

European patents validated in Türkiye

For European patents validated in Türkiye, annuities become payable in accordance with Article 86(2) EPC ; i.e., following the publication of the decision to grant, all subsequent annuities must be paid to the Turkish Patent and Trademark Office (TÜRKPATENT).

Importantly:

  • If an annuity falls due within 3 months from the publication of the decision to grant, and
  • It is paid within this period,

such payment is considered valid without any surcharge

Example:

  • EP publication date of grant: 15 July 2026
  • Next annuity due date: 14 September 2026
  • Validation deadline in Türkiye: 15 October 2026

In this scenario:

  • The annuity may be validly paid until 15 October 2026
  • No additional fee applies

PCT national phase entries in Türkiye

PCT applications entering Türkiye are subject to both entry fees and annuity obligations.

  • The due dates for annuities are calculated based on the PCT applicaiton date but not national phase entry date
  • Annuities for previous years must be paid at the time of national phase entry
  • If paid together with the entry → no surcharge applies

If such annuities are not paid at entry:

  • They may still be paid within 6 months from the national phase entry date
  • Subject to surcharge (additional fee)

Failure to comply may result in loss of rights.

Divisional applications

  • Past annuities based on the parent application’s filing date become due
  • All past annuities are paid at the time of filing or within 2 months following the filing date

Patents of addition

  • No annuities are required
  • If converted into an independent patent, annuity obligations will arise

Conclusion

Patent renewals in Türkiye operate under a structured but strict system. While the general annuity framework is straightforward, European patent validations and PCT national phase entries introduce important procedural nuances. Careful management of deadlines and payment obligations is essential to ensure uninterrupted patent protection in Türkiye.