PCT National Phase Entries in Turkey
The Patent Cooperation Treaty (PCT) enables applicants and inventors to seek protection for their invention in multiple countries simultaneously and enter each country within a specific time limit, which is typically 30 months from the international filing date or the earliest priority date, after the completion of international procedures.
Each PCT country may have distinct procedures and features for national phase entries. Below are some highlights of the PCT national phase entries in Turkey.
Deadline for PCT National Phase Entry in Turkey
The deadline for PCT national phase entry in Turkey is 30 months from the filing date or the earliest priority date if priority has been claimed. However, Turkey has an additional time implementation for the national phase entries, which allows applicants to enter the national phase within 33 months with the payment of an extra fee.
Direct Grant Possibility under PCT Chapter 2 Entry
Under PCT Chapter 2 entry, if the International Preliminary Examination Report (IPER) is positive in terms of novelty and inventive step, no further examination is required, and a direct grant is possible. This is a unique feature that is available to applicants who enter the national phase under Chapter 2.
Revision of Claims and Specifications
When entering the national phase as a patent application, it is highly recommendable to revise claims and specifications considering the citations and observations in the ISR and the IPER before filing a substantive examination request in Turkey. This will help to avoid further objections that may be raised by the examiner in charge of the application.
PCT National Phase Entry as a Utility Model
It is also possible to enter the national phase as a utility model in Turkey. However, the PCT application should not cover method, pharmaceutical or chemical claims. In the case of method and device claims, it is possible to perform the national phase entry as a utility model by removing the method claims.
Prior Art Search for Utility Model Registration
If there is a positive International Search Report (ISR) in terms of the novelty, it is highly likely to get a utility model registration. However, further prior art search is required after the national phase entry.
Renewal Fees in Turkey
Turkey requires that the renewal fees are payable from the 3rd year. When the national phase entry date of the 3rd renewal has been due, it is possible to pay the 3rd renewal fee without surcharge.