The Decree Law No. 551 pertaining to the protection of Patents has entered into force in Turkey on 27th June 1995. The new system brought the following modern provisions: patentability criteria (novelty, inventive step and industrial applicability), Utility Model Certificate (10 years), granting by examination (20 year-patents) and non-examination (7 year-patents) system, publication of the applications, opposition by third parties. Moreover new provisions like employee inventions, compulsory license compatible with TRIPS Agreement, compensation of damages against infringement, documents evidencing infringement, non-realised income and increasing the non-realised income, reputation of invention, establishment of Specialised Courts and Publication of Court's Decision appeared also for the first time. Turkey acceded to PCT on 1st January 1996 and to EPC on 1st November 2001. MINIMUM REQUIREMENTS Title, description, claims, abstract and drawings (if any). The text may be in English, French or German language (one month term will be given for the translation into Turkish), a receipt for payment of fees and a petition for application containing information on: Applicants name, nationality, address, etc. Priority applications country, date and number (if any), The inventors name, nationality, address, etc., and in case the applicant is not the inventor, a declaration concerning the acquirement of the right to apply for a patent (if inventor is not mentioned or no declaration is given, the examination of the application shall not be initiated). NATIONAL APPLICATIONS Within 15 months from the date of filing or priority a Search Request must be filed. For the time being the Searches are conducted by the Swedish, Danish, Russian and European Patent Offices. In order to obtain a search report the applicant must pay a handling fee of DEM 200 to the TPI plus a search fee that varies from one office to another. If there is already an international-type search report for the priority application or on one of the corresponding applications, it can be filed before the TPI together with a fee of 800 DEM and its Turkish translation and no further search is carried out. The international-type search report is a report prepared by one of the international search authorities accepted by the PCT. After the reception of the search report, the applicant may choose the system, namely between a patent without examination and with substantive examination. When opted for the first system, after the publication of the application and the search report in the Turkish Patent Bulletin for opposition purposes a 7-year patent is granted but the applicant can always switch to the examination system. If the request for substantive examination is not filed within 7 years at latest, the patent protection shall expire. When opted for the second system, after the publication of the application and the search report in the Turkish Patent Bulletin for opposition purposes, the applicant must file an examination request and choose between the Swedish, Danish and Russian Patent Offices. In order to obtain a notification the applicant must pay a handling fee of 100 DEM to the TPI plus an examination fee that varies from one office to another. This is true for each notification of the examiner. At the end of the substantive examination, the application may be refused or granted. The term of protection for patents with substantive examination is 20 years. The time between filing and grant is minimum 36 months for examined and 24 months for non-examined patents. PCT NATIONAL PHASES For PCT Chapter I applications the procedure is like a Turkish National Application and the Applicant may choose the system, namely between a patent without examination and with substantive examination (1.2.). For PCT Chapter II applications the substantive examination system is obligatory. Here it is supposed that the examination request was filed at the international phase. The applicant must respond to the international preliminary examination report, if necessary amend the claims and file an examination request choosing between the Swedish, Danish and Russian Patent Offices. In order to obtain a notification the applicant must pay a handling fee of 100 DEM to the TPI plus an examination fee that varies from one office to another. This is true for each notification of the examiner. At the end of the substantive examination, the application may be refused or granted. EUROPEAN NATIONAL PHASES A European patent application provisionally confers the applicant the same rights as would be conferred by a Turkish application as published, provided that the translation of the claims in Turkish is 1) either published in the Turkish Patent Bulletin and the fee is paid on the date on which the translation is filed or 2) is communicated to the person using the invention in Turkey. A European patent automatically acquires the effect of a national patent granted in Turkey, provided that the translation of the text in Turkish is supplied to the TPI and the fee is paid on the date on which the translation is filed. The Turkish translation must be filed at latest 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended in the European Patent Bulletin, or within 3 supplementary months provided a surcharge is paid within the first time limit. In the event of failure to observe this provision, the European patent will be deemed to be void ab initio. The scope of protection is determined by the Turkish translation, which is regarded as authentic. For proprietors domiciled abroad, only a professional representative before the TPI may validly file translations and pay annuities. OPPOSITION There is no post-grant opposition system in Turkey. After the publication of the patent application and the search report in the Turkish Patent Bulletin, the third parties have 6 months for opposition purposes. The opponents are not parties to the proceedings and the opposition may or may not taken into account by the examiner. For the system without examination the opposition does not effect the grant of a 7-year patent

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