EP patents

Duration of a European Patents is  20 years from the date of filing the European patent application (in case of a European patent granted on a PCT international application designating the European Patent Office: 20 years from the international filing date), subject to the payment in Turkey of annual fees.

After publication of the application a reasonable compensation (taking into consideration the relevant circumstances) may be claimed from any person who has used within Turkey the invention which forms the object of a European patent application, provided that a Turkish translation of the claims has been made available to the public (i.e., laid open to public inspection) or has been submitted to the alleged infringer. The translation of the claims must be filed with the Turkish Patent Institute in triplicate with payment of the required fee. With the translation the filing and publication numbers of the European patent application and the dates of its filing and publication must be furnished, the names and addresses of applicant, the inventor and the patent agent in Turkey (if any) be given, and the class concerned of the International Patent Classification, the title of the invention and any priority claimed be indicated; with the translation the abstract and any drawings must be filed. For applicants not residing or having their principal place of business in Turkey the translation must be filed through a patent agent registered to practice as a patent attorney before the Turkish Patent Institute.

Validation of a European patent designating Turkey, a Turkish translation of the European patent must be filed with the Turkish Patent Institute and the required fee be paid within 3 months from publication of the mention of the grant of the patent in the European Patent Bulletin; said period may be extended by three months provided the required surcharge is paid before expiration of the first three-month period. If a European patent is maintained in opposition proceedings in an amended form, a Turkish translation of the patent as amended must be filed and the required fee be paid within 3 months from publication of the decision on the opposition in the European Patent Bulletin; also this period may be extended by three months on payment of the required surcharge before expiration of the first three-month period.

Translations are accepted which comply with the formal requirements set forth in Rule 32 and Rule 35(3) to (14) of the Implementing Regulations to the European Patent Convention. With the translation the following must be furnished or given: the filing and publication numbers and filing and publication dates of the European patent application; the number and date of the European Patent Bulletin in which the mention of the grant was published; the names and addresses of applicant, the inventor and the patent agent (if any); the class of the International Patent Classification concerned; the title of the invention; any priority claimed; the abstract; any drawings of the patent; and a signed declaration stating that the translation corresponds to the original text of the patent specification. If the European patent was maintained in opposition proceedings in an amended form, a Turkish translation of the amended text must be filed.