European patent application is a patent protection system which is filed with the European Patent Office for having a patent protection in Europe. This application designates all of the European contracting states; member states, extension states or validation states. Currently, European Patent Agreement has 38 members. Turkey joined the European Patent Agreement in 1 November 2000.
Once the EPO grant patent, it is published in the European Patent Bulletin. After this step, the patent has to be validated in the designated states within three months as from the publication date to maintain its protective effect.
A European patent shall have the effect of and be subject to the same conditions as a national patent granted by that state, unless otherwise provided in the EPC.
European Patent Application (EP):
In order to validate a European patent in Turkey, the set of description (claims, abstract, drawing and description) must be filed with the Turkish Patent Office within 3 months from the publication of the grant, as paying the necessary fees. If the Turkish translation of the set of description is not filed along with the application, it must be submitted to the Office within 3 months as from the filing date. After filing formal examination is conducted and the patent is published in the Official Patent Bulletin. Finally, the patent certificate is sent.
On the other hand publication of the claims of the European Patent Application is also possible before filing the Fascicule of the European Patent Application with the Turkish Patent and Trademark Office. After the European Patent Application is filed and the search report is received from the European Patent Office, the Turkish translation of the claims, abstract and drawings can be filed with the Turkish Patent Office as paying the necessary fees. Then the formal examination is conducted and the patent is published in the Official Patent Bulletin. This system provides a provisional protection in Turkey.