The PCT is an international treaty with more than 153 Contracting States, currently. The PCT intends to seek patent protection for an invention in a large number of countries simultaneously by filing a one “international” patent application before World Intellectual Property Organization (WIPO), instead of filing several national or regional patent applications. Examining and granting of patents remains under the control of the national or regional patent Offices which PCT enters as national phase.
Turkey is one of the member states of the World Intellectual Property Organization. Therefore National Phases of the PCT applications can be entered before the Turkish Patent and Trademark Office. For entering to the national phase, different ways can be chosen. Please see below:
International Patent Application (PCT):
PCT Patent applications can enter to the National Phase in two phases;
– Phase I (only with the international search report)
Upon the international search report is received, the PCT application can enter to the National Phase in phase I before Turkish Patent Office within 30 months starting from the application date or priority date if any.
– Phase II (with the international search report and preliminary examination report)
Upon the international search report and also claimed preliminary examination report is received, the PCT application can enter to the National Phase in phase II before Turkish Patent Office within 30 months starting from the application date or priority date if any.
The above mentioned 30 months can be extended to 33 months as paying the extension of time fee.
For entering into National Phase under Patent Cooperation Treaty (PCT) before Turkish Patent Institute, following documents are required;
If the Turkish translation of the set of descriptions can not be filed with the application, it must be submitted to the Turkish Patent Office within 2 months at latest.