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Article 98 - Examination request, preparation of the examination report and granting the patent

Turkish Industrial Property Code (Law No. 6769)
Article 98

Examination request, preparation of the examination report and granting the patent


Article 98

(1) The applicant shall request, paying the fee, the examination to be done within three months as of the date of the notification of the search report.
Otherwise the application shall be considered as withdrawn.
(2) Upon the applicant’s request of examination, the Office analyses the conformity of the application and the related invention with the provisions of this Code.
(3) If non-conformity of the application and the related invention with the provisions of this Code is determined, the applicant shall be notified to make changes on condition that the applicant presents his opinions and does not exceed the extent of the application; and such notifications shall be repeated as long as it is deemed appropriate. However, the notifications which shall be made in this context cannot be repeated more than three times.
(4) The applicant shall be allotted a three-month time period as of the date of the notification in order that they present his comments regarding the notifications specified in paragraph 3; or they can make changes. The application shall be withdrawn in case; comments are not presented or changes are not made within this time period.
(5) In case that it is specified in the examination report that is prepared following the examination that the application and the related invention is in conformity with the provisions of this Code, the patent shall be decided to be granted, the applicant shall be declared to, and the patent shall be published on the Bulletin.
(6) In order to be able to grant the patent according to the examination report, in case changes are needed to be made, the changes shall be asked to be made within two months as of the date of the notification. In case that the changes made are confirmed, the patent shall be decided to be granted, the applicant shall be declared to, and the patent shall be published on the Bulletin. In case that the changes are not made or the changes made are not confirmed by the Office, the application shall be considered to be withdrawn; this decision shall be notified to the applicant; and it shall be published on the Bulletin.
(7) After the publication regarding the granted patent; upon a request and upon the payment for the preparation of certificate fee, the patentee shall be delivered the prepared document.
(8) If it is specified in the examination report that the application and the related invention is in unconformity with the provisions of this Code, the application shall be refused by the Office, the applicant shall be declared to, and it shall be published on the Bulletin.
(9) A granted patent may not be interpreted as the Office guarantees its validity and utility; and does not originate a responsibility for the Office.
(10) Procedure and rules regarding examination request, preparation of the examination report and granting the patent shall be determined by a regulation.


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