PCT National Phase Entry in Turkey: Patent Filing & Annuity Guide
- Mar 31
- 3 min read
Türkiye has rapidly evolved into a primary jurisdiction for patent protection, serving as a vital manufacturing and export hub between Europe and Asia. As a party to the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC), Türkiye offers a robust legal framework for securing inventions under the Industrial Property Code No. 6769 (“Code 6769”).
For international firms, entering the Turkish national phase is an essential step in protecting high-value technology in one of the G20’s fastest-growing markets.
Timing: The 30+3 Month Window
The standard deadline for entering the Turkish national phase is 30 months from the earliest priority date.
However, Türkiye provides a flexible "safety net" for late entries. If the 30-month deadline is missed, an applicant can still enter the national phase within an additional 3-month period (effectively up to 33 months from the priority date) by paying an additional late entry fee.
Language and Translation Requirements
To secure an application date, the initial documents (description, claims, and abstract) can be submitted in English, French, or German.
The 2-Month Grace Period: If the application is filed in a foreign language, the Turkish translation must be submitted to the Turkish Patent and Trademark Office (TÜRKPATENT) within 2 months of the filing date.
Crucial Note: This 2-month period is automatic and does not require a notification from the Office. Failure to provide the translation within this window will result in the application being deemed withdrawn.
Required Documents and Information
To initiate the filing, the following are required:
Patent Specification: Description, claims, abstract, and any drawings.
Statement of Right: If the applicant is not the inventor, an explanation of how the right to apply was obtained must be provided.
No Power of Attorney (PoA) Required: Similar to design filings, a physical PoA is generally not required to initiate the patent application before TÜRKPATENT.
The Procedure: Search and Examination
The Turkish patent system follows a structured path toward a 20-year grant:
Search Request: The applicant must request a search report and pay the fee. For PCT entries, if the international search report (ISR) has already been prepared, it serves as the basis for the Turkish process, though a national search may still be required.
Publication: Applications are published in the Bulletin after 18 months from the priority date.
Examination Request: Within 3 months of the notification of the search report, the applicant must request a formal examination.
Examination Reports: The Office analyzes the invention for novelty, inventive step, and industrial applicability. If the examiner finds non-conformity, the applicant is given a 3-month window to submit a Response or make amendments. This process can involve up to three separate examination reports.
Critical: Annuity Payments at Entry
Under Code 6769, patent annuities (annual fees) are due starting from the 3rd year of the application. Since PCT national phase entry typically occurs around the 30th month, the 3rd-year annuity (due by the 24th month) is usually already due or overdue at the time of entry. Therefore it is highly recommended to pay the accrued annuities at the moment of PCT entry. If the annuity is not paid in time, the application faces rejection or withdrawal. While there is a 6-month window to pay with a surcharge (late fee), missing this final deadline leads to the permanent loss of the patent right.
Conclusion
Entering the PCT national phase in Türkiye requires careful attention to the 2-month translation window and the subsequent search/examination deadlines. With the right strategy, international applicants can navigate Code 6769 to secure robust 20-year protection for their technological assets.
As Goklu Law & IP Firm, we act as a local strategic partner for global firms, ensuring that all technical requirements of TÜRKPATENT are met with precision.
For detailed fee schedules or assistance with your Turkish patent filings, please contact us at info@goklulaw.com.
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