Ata Patent Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent has assembled an experienced group of Turkish patent lawyers to help clients obtain, protect and enforce intellectual property rights including patents in Turkey. Our Turkish patent lawyers provide a broad range of patent services including; Turkish patent application, registration, protection such as intellectual property litigation, appeal, opposition, cancellation, assignment, monitoring, search, and licensing. Our attorneys also represent our clients in PCT national phase entries in Turkey, European Patent validation, patent annuities in Turkey.
Ata Patent’s Patent Team has been protecting clients’ intellectual property since 1996. We make it our business to intimately know our client businesses; venturing well beyond the traditional patent prosecution processes of other firms to realize unforeseen opportunities. More than eighty percent of our lawyers are registered patent attorneys with proficiency in virtually every technical field. Many of our attorneys bring business experience or advanced degrees in science and engineering to client matters, combining extensive legal knowledge with practical and technical experience. We understand the mechanics of product design, manufacturing and distribution, counseling clients in both consumer and commercial markets.
Ata Patent’s Turkish patent attorneys not only prosecute but also litigate patents, giving you a distinct advantage. Rather than merely process a patent, our attorneys anticipate evolving trends and assess the likelihood of future litigation. We scrutinize the marketplace, continually staying abreast of changes affecting a client’s business.
Our clients are as geographically diverse as the industries in which they operate. We work extensively with businesses overseas and have strong alliances with firms in dozens of countries. This global perspective allows us to strategically evaluate new markets and distribution channels to maximize your patent portfolio investments.
Our Turkish Patent Attorneys excels in all aspects of intellectual property counseling, problem-solving and litigation. On the front end, our lawyers direct best practices for the identification, protection, registration and licensing of intellectual property. When circumstances change, our lawyers stand ready to assist you in protecting your intellectual property assets and enforcing your intellectual property rights. When disputes arise, our seasoned, court-tested litigators provide top-notch representation that never loses sight of our clients’ long-term interests.
We’re Turkish Patent Lawyers
While Ata Patent’s client representation ranges from single inventors to large companies, our goal for each client is always the same: to guide our client through the maze of regulations and procedures involved in obtaining a patent so as to secure a patent commensurate with the goals and business strategy of the client. In this regard, our attorneys assist clients to develop intellectual property portfolios that serve specific business objectives so as to yield clear strategic returns. In many cases, this means seeking the broadest claims to which an invention is entitled so as to foreclose competitors from market share. In other cases, this may involve the filing of defensive patents to ensure that a client can operate in a space uninhibited by their competitors. As corporate initiatives are increasingly driven by intellectual property, the quality of patent prosecution advice rendered to a client can have enormous financial consequences.
We also work with our clients to ensure they and their employees, inventors, engineers understand the patent process and follow policies and guidelines that protect against inadvertent loss of rights in an invention. In this regard, we routinely conduct industry and in-house seminars on the patentability process, including procedures on documenting conception of an invention, limitations on public written disclosures of the invention (such as in marketing materials or research papers), use of diligence in pursing an invention, and the disclosure requirements necessary to ensure that any issued patent is as defensible as possible.
One critical component to developing a patent portfolio with the greatest possible value to a particular client is to monitor the direction of research and types of patents that are being filed. All too often, companies expend resources pursuing non-core technology that does not fit into any identified strategy of the company.
In another regard, we assist our clients in assessing possible commercial return on investment in the inventions for which patents are sought. Owners of intellectual property rights must insure that they do not fall into the trend of expending a significant amount of resources that only yield incremental increase in the owner’s patent portfolio.
The firm provides patent law prosecution and counseling services in a wide range of technical and business areas, in almost every industry, and in both the retail and commercial markets, including consumer products, pharmaceuticals, life sciences and medical technology, manufacturing, financial services, computers, and telecommunications.
Turkish Patent Services
Intellectual Property has come to constitute ever increasing value in today’s competitive, technology-dominated markets. Our experienced Patent Team excels both in protecting patent assets and in enforcing and protecting patent rights in litigation. Each of the lawyers within our IP law firm is member of Istanbul Bar and has been recognized as a top lawyer in this field.
Ata Patent offers our clients the full range of patent services:
- Patent application in Turkey
- European Patent Validation in Turkey
- PCT National Phase Entries in Turkey
- Prosecution and maintenance of patents in the Turkey.
- Principal and supplemental registrations
- Counseling, including patent use and portfolio management
- Transactions, such as licensing, assignment, and franchising
- Due diligence arising from various transactions involving patents
- Patent infringement analysis
- Civil litigation including infringement, dilution cases, and counterfeiting
- Turkish Patent and Trademark Office litigation, including opposition and cancellation
Patent Annuities in Turkey
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.
European Patent Validation in Turkey
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 and Trademark Office 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 arises when the translation of the claims is made available to; the public via the Official Patent Bulletin of the Turkish Patent and Trademark Office.
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 in Turkey, the Turkish translation of the European Patent Specification must be filed within 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.
In addition to 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.
PCT National Phase Entries in Turkey
A PCT application in the National Phase can be filed in Turkey upon completion of the required documents. PCT applications entering into national phase are not subject to search procedure since International Search Reports are readily accepted by Turkish Patent and Trademark Office. After expiration of the 30-month period, Turkish translation may be filed within a month by paying an additional fee. The entry into national phase may be made belatedly within 3 months following the end of 30-month period, upon payment of the official filing fee with a fine.
Applications entering into national phase in Turkey under Chapter II are automatically prosecuted according to patent system with (substantive) examination whereas for applications entering into national phase in Turkey under PCT Chapter I, applicant has the option to choose either of the patent systems.
The information and documents required for entering the national phase of a PCT application in Turkey are as follows:
- Copies of the request form
- International publication
- International Search Report
- International Preliminary Examination Report (with annexes if any)
- Any notification of change forms, if any
In addition, we also require the information as to how the applicant(s) obtained the right to apply for a patent from the inventor(s) for which no documentary evidence is required. The certified priority documents are not necessary.
No documents which should be executed by the applicant(s) and/or inventor(s), such as power of attorney, deed of assignment are required for filing a new patent application or entering the national phase of PCT application in Turkey.
Intellectual Property Licensing in Turkey
Licensing issues are vital to the success of any business. Attorneys in licensing practice, work with clients to resolve the complex issues that coincide with the licensing agreements in today’s evolving marketplace. Our attorneys have extensive experience in negotiating and drafting domestic and international licensing agreements.
The multidisciplinary approach of this group unites experts in our intellectual property, litigation, emerging, growth and technology and corporate and securities practice groups. Collectively, these groups bring together the strength and expertise of attorneys who have the knowledge and understanding of every industry sector. This experience permits them to offer our clients unparalleled and focused advice in the most complex legal transactions.
We counsel our clients on all aspects of developing the value of their copyrighted materials, and support them by negotiating and drafting the releases, licenses, and related agreements needed to implement their plans, as well as to facilitate their use of third-party IP assets, including graphics; music; and celebrity names, voices, and likenesses.
Our attorneys regularly assist clients to:
- Negotiate and draft agreements to acquire, protect, and license technology
- Negotiate and draft agreements to acquire, protect, and license software development and computer-related intellectual property rights
- Negotiate and draft the transfer and licensing of copyright developments
- Draft online and electronic disclaimers and privacy policies
- Draft and negotiate agreements for research and development
Reach our Turkish Patent Lawyers
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management. We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, litigate in IP courts and before TPO. For a complimentary consultation you may reach our patent attorneys for Turkish Patent Lawyers by sending an e-mail or through our Contact page.