VALIDATION

VALIDATION
LONDON AGREEMENT AND TURKEY

For a European patent to enter the national phase in Turkey, the translation of the patent specification in Turkish must be presented to the Turkish Patent and Trademark Office together with the payment of the publication fee within three months from the publication of the mention of the grant decision in the European Patent Bulletin. 

If the translation is not filed or the respective fee is not paid in due time, the European patent is deemed to be void ab initio in Turkey.

REPRESENTATION IN TURKEY

Applicants with neither residence nor principal place of business in Turkey must appoint an authorised professional representative.

TRANSLATION REQUIREMENT LONDON AGREEMENT

A plurality of contracting states of the EPC, also being contracting states to the London Agreement which have an official language in common with the EPO, (i.e. France, Germany, Liechtenstein, Luxembourg, Monaco, Switzerland and the United Kingdom) having dispensed entirely with the translation requirements under the London Agreement, Turkey is not one of such states for the time being.

Art. 70(3) EPC AND TRANSLATION OF GRANTED EUROPEAN SPECIFICATIONS

Authentic text of a European patent application or European patent is the translation filed in Turkey (with the exception of nullity proceedings) for the protection conferred by the Turkish law, if protection conferred by the translation is narrower than in the language of the proceedings. Therefore it is imperative that a precise and correct translation of the patent specification is filed so that the scope of the European patent is secured and maintained.

TRANSLATION QUALITY OF GRANTED EUROPEAN SPECIFICATIONS

Linguistic character of specifications as translated into Turkish should be ensured to avoid claim interpretation problems before national courts as Turkey is not part of the Unified Patent Court system.

PERIOD FOR SUPPLYING THE TRANSLATION

An additional extension period of three months can be demanded for filing the translation subject to payment of an additional fee. Corrections of the translation can be filed any time with the Turkish PTO.