It is still valid and strategic route to nationalize an
international patent application (under PCT) in order to have an effect in
Turkey.
International Preliminary Examination Report (IPER-Chapter 2) is to be evaluated
as substantial examination report by the Turkish Patent Institute. Positive IPER
means direct granting in Turkey. In case of “any” negative consideration cited
in the IPER as to patentability (streamlined procedure), further prosecution
stages are continued by sending the responses to one of the elected competent
examination authorities among Austria, Denmark, Sweden, Russia or Turkey.
Normal entry into Turkish national phase is required before the completion of 30
months from the earliest priority date. Late entry option for the following 3
months is available with fine. It is also possible to file the translation
thereof later by paying a fine. Neither priority document nor its translation is
to be required.
Whereas sole procedure through EPC route reveals an advantage to discuss merely
one examiner on substantive issues and once substantiated, bundle of patents
will be in charge, this procedure takes relatively long time frustrating those
wishing to enforce the patent right in case of dispute. As a rule of thumb,
civil courts in Turkey rarely make decisions on interlocutory injunctions for
pending applications as in elsewhere. Therefore, in some case PCT route may be
more advantageous.