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Article 101 - Duration of protection and annual fees

Turkish Industrial Property Code (Law No. 6769)
Article 101

Duration of protection and annual fees


Article 101

(1) Starting with the application date, the time period of the patent protection is twenty years; the time period of the protection of the utility model is ten years.
These time periods shall not be extended.
(2) The annual fees that are needed for the protection of the patent application or the patent are paid during the patent protection, as of the date of the application, at the end of the second year and in due time every year. The due date shall be the month and day corresponding to the application date.
(3) The annual fees can paid together with surcharges within six months following the due date, in case it cannot be paid in due time specified in paragraph 2.
(4) In case the annual fees are not be paid in due time as specified in paragraph 3, the patent right shall expire as of the due date of this fee; a notification will be made regarding expiration of the patent right; and this situation shall be published on the Bulletin. In case the compensatory fee is paid within two months as of the date of notification regarding expiration of the patent right, the patent right will be re-validated as of the date of the payment; and it shall be published on the Bulletin. The notification regarding expiration of the patent right shall be made, at the latest, until the end of one-year time period that starts as of the date of due date in which the patent right expires.
(5) The re-validation of the patent cannot interfere with third parties’ acquired rights who deserve such rights in consequence of expiration of the patent right. Third parties’ rights and their extent shall be determined by the court.


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