European Patent (EPO) Validation in Turkey

1. Terms for patent validation in Turkey

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin, extendable by 3 months by paying a surcharge.

The following data must be provided with the translation:

  • EP application and publication numbers;
  • EP application and publication dates;
  • names and addresses of applicant(s) and inventor(s);
  • the title of the invention;
  • if a representative is appointed, his name and address;
  • the IPC;
  • the abstract;
  • drawing and priority data, if applicable.

2. Conditions for patent validation in Turkey

2.1 Translation – Turkey has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

  • For provisional protection: it is required a translation of the complete patent specification, in Turkish.
  • After grant: a translation of the patent specification into Turkish must be supplied. Due date is 3 months after the date on which the mention of the grant, maintenance form or limitation of the European patent is published in the European Patent Bulletin, extendable by 3 months after paying the surcharge.

2.2 Payment of patent validation and national registration fees:

There is a special fee to be paid: 315 TRY. Due date for the payment is the date on which translation is filed.

3. Effect of the European patent as a national Turkish patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Turkey

  • Due date: anniversary of filing date.
  • Earliest possible date for payment: no specific legal provision: payment may be made for more than one patent year. However, if the fees are subsequently changed, the patent proprietor will be obliged to pay the difference between the amount paid in advance and the amount due for the year concerned.
  • Period of grace for payment of fees (with surcharge): 6 months from due date.
EPO annuities -Turkey – EUR
Year Cost Fee Total Surcharge for late payment:
2 70 130 200 18
3 75 130 205 19
4 85 130 215 22
5 135 130 265 34
6 145 130 275 37
7 180 130 310 45
8 190 130 320 48
9 200 130 330 50
10 235 130 365 59
11 265 130 395 67
12 315 130 445 79
13 370 130 500 93
14 430 130 560 108
15 495 130 625 124
16 565 130 695 142
17 630 130 760 158
18 700 130 830 175
19 775 130 905 194
20 855 130 985 214

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Turkey.