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Navigating European Patent Validation Procedures in Türkiye

5 August 2022 · 2 min read

It is crucial for holders of European Patents to maximize the value of their patents by having them validated in the countries where they want to maintain protection.

Although the process to validate a European Patent appears straightforward, there are several key factors to take into account and expect from your local agent for a smooth process.

High-quality translation

High quality translation by technically qualified translators specialized in patent and terminology in the related arts and technologies is critical when seeking protection in a certain country.

Technical expertise and qualification

According to the Regulation showing the implementation of the European Patent agreement in Türkiye, in case the Turkish translation is narrower than the text of the European patent application or the European patent in the processing language, the Turkish translation is taken as the basis for determining the scope of protection, excluding invalidation proceedings. With this scope all European Patent and its claims should be carefully translated considering the scope of the protected invention.

It is strongly recommended that all translations should be checked and approved by the registered and well experienced patent attorneys in the related art and the technologies.

Communication and transparency

Within three months of the publication of the decision to grant (B1) in the European Patent Bulletin, requests for European patent validation must be made. Apart from the translation extension described below, this time limit cannot be extended. A European patent has no possibility of being validated again if it is not validated on time.

This means that there is no further excuse for the re-establishment of the rights.

However, the time limit for filing the Turkish translation can be extended by a further three months, provided that the publication fee and the surcharge are paid in advance within the initial three-month period.

It is always possible to have short notices or possibility to not have the full translation before the deadline. It is critical to communicate with transparency and possible solutions in unforeseen circumstances.

Cost effectiveness

The filing process of European Patent Validation is fully online in Türkiye. Besides there is no Power of Attorney or any other documents required.

After receiving a request for validation, TÜRKPATENT carries out a formal examination. If no deficiencies are found, the European patent is published in the Turkish Patent Bulletin and an electronic patent certificate is issued, typically within a few months. Any additional cost for postal service or any other disbursements should not be considered.

As Sincore IP we do our best to meet these key factors with our services.

Please visit our services page from here for more information about EP validations in Türkiye.

Please do not hesitate to contact us if you need any assistance

Sincerely

Sincore IP

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