Upon completion of the international phase of a PCT application, if the applicant seeks patent protection in Turkey, a national phase entry must be filed before the Turkish Patent and Trademark Office (TPTO). This article outlines the key rules and requirements for national phase entries in Turkey.

Deadline for National Phase Entry

The national phase entry must be filed within 30 months from the priority date. However, this deadline may be extended by 3 additional months upon payment of an official extension fee to the TPTO.

If this time limit is not met, the applicant may request a re-establishment of rights in accordance with Article 107 of the Industrial Property Code. Further details can be found in our dedicated article on Re-Establishment of Patent Rights in Turkey.

Required Documents

Patent specification documents (i.e., description, claims, and drawings) may be submitted in Turkish or in a foreign language. However, Turkish translations of these documents must be filed within 2 months from the national phase entry date.

Official Fees

The official fees for national phase entries, including any applicable extension fees and annual fees due at entry, are determined by the TPTO.

The current official fees can be accessed on our website here or shared upon request along with our fee schedules.

Patent Attorney Requirement

Applicants residing outside of Turkey must be represented by a Turkish patent attorney. However, the TPTO does not require a power of attorney at the time of filing the national phase entry.

Examination Procedure

After the national phase entry is filed, the TPTO conducts an initial formal review, usually completed within a month. If any formal deficiencies are identified, the applicant is notified and given 2 months to remedy them.

Once the substantive examination is requested, the TPTO examines whether the invention satisfies the criteria of novelty, inventive step, and industrial applicability.

If the application does not comply with the relevant provisions, the applicant is notified and given an opportunity to submit written opinions or make amendments without exceeding the scope of the original application. Such notifications may be repeated as necessary, but they cannot exceed three times.