Validation of European Patents in Turkey
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All
the processes about the European patent application (examination of
the structure, search, publication, investigation, registration
decision and opposition) are executed by European Patent Office
(EPO). European Patent Validation affords the same level of legal
protection as a national patent; if it is filed in the designated
countries within 3 months from the mention of the grant decision on
the European Patent Bulletin and it is valid for 20 years as from
the filing date.
A granted European Patent can be validated in Turkey with a single application and registration procedure, upon translation of the specification into Turkish and submission of the other requirements. Moreover, it is possible to enable the European Patent application to have effect with regard to third parties within Turkey, by submitting Turkish translation of the claims to the Turkish Patent Institute during the application stage of the European Patent which are to be published in the official bulletin.
The information and documents required for validation of European Patent according to Implementing Regulations to the Convention on the grant of European Patents in Turkey dated 9 January 2001 are as follows:
For provisional protection under Article 67 EPC, the translation of the claims in Turkish and payment of a required fee are necessary. The provisional protection ariseswhen the translation of the claims ismade available to;the publicvia the Official Patent Bulletin of the Turkish Patent Institute.
The following information must be provided with the translation of the claims:
- EP application and publication numbers
- EP application and publication dates
- names and addresses of the applicants and inventors
- the title of invention
- the IPC codes
- the abstract
- drawing(s) if available
- priority data if applicable
For validation of a European patent; inTurkey, the Turkish translation of the European PatentSpecification must be filedwithin 3 months after the date onwhich the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.
In additionto the above data the number and date of the European Patent Bulletin in which the grant was mentioned and B1 Publication must be provided with the translation of the European Patent Specification. Power of Attorney is not officially required.
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