NATIONAL PHASE ENTRIES OF INTERNATIONAL APPLICATIONS

NATIONAL PHASE ENTRIES OF INTERNATIONAL APPLICATIONS
TURKISH NATIONAL PHASE ENTRY UNDER THE PCT

The Patent Cooperation Treaty (PCT) establishes that an international application should enter the national phase within 30 months of the priority date or from the international filing date if no priority right was claimed (Art. 22.1 and Art. 39.1a).

TIME LIMIT FOR PAYING FILING FEE

The filing fee for national phase applications under the PCT is to be paid within seven days without any notification (Art. 42(3) Decree Law 551 and Art. 12 Implementing Regulations under the Decree Law 511).

EFFECT OF A FULLY-FAVORABLE INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

A fully favorable IPRP provides that the Turkish Patent and Trademark Office, upon entry into national phase, directly issues a grant decision provided that the IPRP is fully favorable.

SECONDARY SUBSTANTIVE ISSUES

An IPRP even with secondary substantive issues such as clarity under Article 6 PCT is to be viewed as a negative IPER, in the sense that the applicant has dispensed with the first examination request.

EXAMINATION AUTHORITIES IN AGREEMENT WITH THE NATIONAL PTO TO CARRY OUT THE EXAMINATION

The applicant selects an examination authority in agreement with the national PTO to carry out the examination on behalf thereof. The following offices have agreements with the Turkish TPO, subject to respective official fees: the Russian, Danish, Swedish and Austrian Patent Offices. Examination stage in the Turkish grant procedure should be regarded as a series of subsequent examination division communications such that only as many as three examination requests can be filed, each being subject to an official fee. However, any of these is a further official communication with the authority. The advantage lies in that the applicant is free to change the authority whereby an office of preference can be determined at any of the three attempts. It is to be noted that proceeding with the same authority starting from the search stage provides financial advantages.

RENEWAL FEES

The renewal fees that are due on the date of entry to the national phase should also be paid. But it is to be noted that these fees are paid based on the specific amounts as given in the schedule of fees for the relevant year, meaning that for instance the second renewal fee is to be paid based on the amount of the previous year. Renewal fees that were already due on filing but were not paid at that time may still be validly paid within 6 months from the date of entry to the national phase, being subject to a surcharge. The fines for belated attendance to the payment of the renewal fees are also calculated based on the schedule of fees of the relevant years.

EXTENSION OF THE TERM FOR ENTERING THE NATIONAL PHASE UNDER THE PCT

An additional three months is given for the applications that have not entered in the national phase in 30 months. To that end, an extra 3 months subsequent to the regular 30-month time limit from the earliest priority date is available for filing the Turkish national phase entry application. The fee being paid additionally for belated national phase entry is in the amount of 50% of the regular filing fee. The 7-day rule of Art. 42.3 Decree Law 551 and Art. 12 Implementing Regulations of the Decree Law 551 is strictly applied here, meaning that for the applications that have not entered the Turkish national phase in 30 months, the application shall be deemed to be withdrawn if the extended entry fee is not paid within seven days after entry in the national phase.

EURO-PCT ROUTE

The applicant can effectuate entry of his PCT application into the European phase up to the end of the 31st months at the latest from the earliest priority date. If the EPO has acted as the ISA, the search fee is not payable and if the EPO has acted as the IPEA, the examination fee is partially refunded.