Business brief 2012: Turkey
Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
The current law governing patent practice in Turkey is Decree-Law No. 551 pertaining to the protection of utility models and patent rights in Turkey, which has been in force since June, 1995. To secure a patent, applicants can apply to the Turkish Patent Office and in order to protect an invention under patent law, the invention must be novel, advance the state of the art and be industrially applicable.
What are the costs for obtaining and defending a patent?
Patent grant procedure costs may vary depending on the time and effort put into the application process. However, the average patent attorney’s fee is approximately €4,500, to which the official patent office fees will be added (approximately €300). Renewal costs increase throughout the life of the patent and range between €60 and €740.
Litigation costs in Turkey are low. First, the claimant will pay basic charges of approximately €300 to €350 when a suit is filed. During the trial, there are fixed charges and expertise costs, but they are low when compared to those of other European countries. The cost for one expert is approximately 1,000 Turkish lira (€450).
There are normally three experts on the expert panel, and the judge will usually refer to it three times before the final award, depending on the complexity of the case. The total cost for a typical patent infringement lawsuit ranges between €100 and €1,500.
Where can you find information on existing patents in your jurisdiction?
Information on existing patents is available on the website of the Turkish Patent Office at www.tpe. gov.tr. There is also an English language option. Jurisprudence including patents may be found in online databases such as www.kazanci.com.
Is there anything unusual about the patent law that companies should be aware of?
According to the current patent system, there are two different systems for granting patents: one for granting patents without substantive examination, and one for granting patents with substantive examination. Protection of patents with substantive examination is granted for 20 years; protection for patents without substantive examination is granted for seven years. According to the new draft patent law, the system granting patents without substantive examination is to be abolished.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Patent holders have the right to file a suit against the infringer according to Art. 136 of the decree-law, according to which without the consent of the patent holder, the following are considered infringement:
