Maintain a Patent

Annual Fees:

The annual fees are paid every year for patents and utility models/applications starting from 3rd year during protection period. The due dates are calculated as of the international filing date of the application. The remarkable point is that for the PCT patent application, the accumulated annuities must be paid along with the national phase entry. For the annuities which has not been paid in due time, 6 months grace period is available from the due date with the extension of time fee.

In accordance with the Implementation Regulations of the 6796 numbered Intellectual Property Law, it is possible to restore a Patent after its lapse due to failure to pay the annual fee before the expiry of the renewal and the late renewal grace period by paying a compensation fee. It is possible to claim for gaining validity over again as paying the compensation fee within the period. 

Certificate of Use:

The patentee or the person authorized by patentee is obliged to use the invention under patent protection. The obligation for using the invention must be realized within three years as from the date of publication in official bulletin or within for years as from the application date, whichever period expires last. Said condition is implemented in the act of the usage of the mentioned invention is suspended for more than 3 years, continuously. 

As from expires on the mentioned periods, everybody can file a request for compulsory license with the reason that the invention has not been started to be used or there is no any serious or actual attempt to use it or usage is not at the level which meets the national market requirement at the date of the compulsory license requested.

Statement of the patentee about the invention is actively being used or has not been used, must be submitted within the above mentioned period to the Office. After statement is submitted, it is enrolled and published before official bulletin. Patents which have not been informed to Turkish Patent & Trademark Office about their usage are published before official bulletin within this period under the unused inventions title.

Open chat
Can we help you?