A patent or utility model invention obtained from the Turkish Patent Institute protects your invention only within the borders of Türkiye. Separate applications must be submitted for other countries where protection is sought.
There are various ways to register a trademark abroad. These;
1- Individual application:
Individual applications must be filed with the relevant offices in each country where protection is sought, and patent procedures must be carried out separately for each country, within the framework of the respective country’s legislation.
2- Community application:
Turkey can benefit from international or regional agreements and conventions to which it is a member. The purpose of these agreements is to reduce costs by conducting part or all of the application processes through the office of the member organization.
– Patent Cooperation Treaty (PCT)
– European Patent Convention (EP)
– Eurasian Patent Treaty (EURASIAN)
– African Regional Intellectual Property Organization (ARIPO)
– Gulf Cooperation Council (GCC)
– Organization of African Intellectual Property Rights (OAPI)
Patent Cooperation Treaty (PCT)
Turkey became a party to the Patent Cooperation Treaty (PCT) on January 1, 1996. As of August 3, 2013, with the addition of Saudi Arabia, the PCT now has 148 member countries. The PCT system is fundamentally divided into two parts: 1. International process and 2. National process.
1. International process:
The PCT application process involves filing the application with WIPO (World Intellectual Property Office), the authorized office, and conducting the search and preliminary examination (optional).
2. National process:
The national process begins in the desired Member States before the expiry of the 30-month period from the application date or, if applicable, the priority date, and the procedures are carried out according to the laws of that country until registration.
European Patent Convention (EP)
The European Patent Convention, concerning the registration of European patents, was signed on October 5, 1973, and entered into force on October 7, 1977. The aim of the European patent convention is to increase cooperation among European countries in the protection of inventions, to grant a patent valid in all member states, and to create a common patent law.
The European Patent Office (EP) system, which includes 38 member countries, including Turkey which became a party on November 1, 2000, allows for patent protection to be sought in all 38 countries or in selected countries. The EP system is fundamentally divided into two parts: 1. The European patent process and 2. The national process.
1. European Patent Process:
All procedures related to a European patent application (formal examination, search, publication, examination, decision on registration, and opposition) are carried out before the European Patent Office (EPO).
2. National process:
Once a European patent application is registered, the patent manuscript must be filed within the prescribed time limit in the member states where protection is sought, and is protected according to the national laws of those countries.
Eurasian Patent Treaty (EURASIAN)
It entered into force on August 12, 1995. It has a system similar to the European Patent System. Member states are Turkmenistan, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, and Armenia.
African Region Intellectual Property Organization (ARIPO)
It has a structure similar to European and Eurasian patents. Processes are handled through a single office, then progress to the national phase in member countries. Member countries include Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia, Liberia, Rwanda, and Zimbabwe.
Gulf Cooperation Council (GCC)
It has a structure similar to European and Eurasian patents. Processes are handled through a single office, with national phases initiated in member countries. Member countries include the United Arab Emirates, Bahrain, Qatar, Oman, Saudi Arabia, and Kuwait. Individual applications can also be filed in these countries upon request.
Organization of African Rights (OAPI)
Member countries are the Republic of Benin, Chad, Burkina Faso, Ivory Coast, Gabon, Guinea-Bissau, Guinea, Equatorial Guinea, Mali, Mauritania, Niger, Senegal, Togo, Congo, Cameroon, and the Central African Republic. The OAPI application automatically selects all of these countries. Due to the absence of individual patent offices in these countries, obtaining protection in these countries requires filing an OAPI application or proceeding to the national phase after a PCT application.
