Patent Annuities in Turkey
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Patents
and applications thereof may be kept in force as long as annual fees
are paid. The due date for an annuity payment in the Turkish Patent
system is the corresponding filing date in each subsequent year for
conventional patents / utility models and European Patent
applications and it is international filing date for PCT national
phase entries. Any annuity may be paid subject to a fine within
6-month grace period following its due date in Turkey. After
termination of the grace period, lapsed protection can be obtained
by submitting an acceptable excuse for non-payment and requesting
reinstate of the patent.
Patents with examination are protected for 20 years, patents without examination are protected for 7 years and utility models are protected for 10 years. For the patents without examination, an examination request may be made within 7 years and then the term of the patent may be completed to 20 years. Patents and utility models must be used in the market within 3 years.
Official fees, namely "annuities' should be deposited in the Turkish Patent Institute by a representative of the company or a patent agent firm. They are payable for second and each subsequent year following the relevant filing date, that is, Turkish filing date for conventional applications, international filing date under PCT or EPC.
The annuities which are due or over due should be paid in advance upon entry in Turkish Phase. Payment of an annuity may be delayed for 6 months by paying a fine. Delays in meeting time limits for payment of annual fees may be excused in case of force majeure.
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