Utility Model

Utility Model Application in Turkiye

There are 3 ways that may be followed to file a utility model application in Turkiye. First of all, if you have a PCT application, you can enter into the national phase with your PCT application. Secondly, if you have an application in a country that is a member of the Paris Convention or Agreement on Establishing the World Trade Organization, you can enter to Turkiye by using the priority right of that application. And lastly, under certain circumstances (detailed below) you can file a utility model application directly in Turkiye.

  1. PCT – TR NATIONAL PHASE

    After a PCT application is filed, it is possible to enter Turkiye within 30 months from the priority date (if there is no priority, from the international application date) with Turkish translation of the description set (i.e. specification). The time limit for entering into Turkiye can be extended to 33 months from the priority or international application date by paying an additional fee. If a utility model application is preferred at the entrance to the national phase, a request for the search report must be made again before TurkPatent, after the letter of conformity to be sent from the TurkPatent.

    If the Search Report (to be prepared by TurkPatent) is negative, an opinion should be filed against to the Search Report.

    Requirements for filing a utility model application via PCT:

    • Set of description
    • Applicant’s name, address, phone number and email address.
    • E-mail address of the inventors, gender of the inventors, phone number of the inventors, nationality of the inventors and the residence address of the inventors

    REMARKS

    • The validity term of a Utility Model in Turkiye is 10 years from the international filing date.
    • When you enter to TR National Phase, the Utility Model protection will have already begun from the international filing date in Turkey.
    • The search report request can be filed with the application simultaneously.
    • When we request a search report, the process (preparing a search report) will take place about 18 months. If the search report is positive, the search report will be published for 3 months. If there is no 3rd party opposition, your Utility Model application will be granted.
    • If the search report is negative, we should file an opinion against the search report. If we convert the report to positive, the process will be the same as the positive search report process.
    • The annuity fees must be paid from the 3rd year. For example, the 3rd annuity fee of an application filed on 20.06.2019 must be paid until 20.06.2021.

  2. TR APPLICATION BY USING THE PRIORITY RIGHT

    Any person or his successor who have filed an application for a patent or utility model in any country which are parties of Paris Convention or Agreement on Establishing the World Trade Organization, in order to file an application for the same invention in Turkiye, shall benefit from the priority right within 12 months as of the date of the first application.

    The claim of the priority right shall be made, thereby paying the fee, together with the application or within 2 months as of the date of application; and the documents regarding this claim shall be submitted to the Office within 3 months as of the date of application. Failing this, it shall be considered that the claim of the priority right is not made. To benefit from the priority right, the document of priority from the competent authorities to which the first application has been made shall be obtained.

    When a utility model application is filed, TurkPatent examines the application in formal way and sends a letter of conformity in case there is no formal deficiency. If an early publication request is made during the application, the utility model application is published in the bulletin after formal checks. However, if there is no request for early publication, the application will be published with the search report after 18 months. Generally, the search report is prepared within 18 months.

    When a utility model application is filed, TurkPatent examines the application in formal way and sends a letter of conformity in case there is no formal deficiency. If an early publication request is made during the application, the utility model application is published in the bulletin after formal checks. However, if there is no request for early publication, the application will be published with the search report after 18 months. Generally, the search report is prepared within 18 months.

    In case the search report is negative, opinions and/or amendments, additions and corrections in the specification and claims can be filed within 3 months from the date of the search report notification from TurkPatent. If the search report is positive and there is no objection by third parties within 3 months, a grant decision is made for the utility model.

    Requirements for filing a patent application by using the priority right:

    • Set of description
    • Priority document
    • Applicant’s name, address, phone number and email address.
    • E-mail address of the inventors, gender of the inventors, phone number of the inventors, nationality of the inventors and the residence address of the inventors

    REMARKS

    • The validity term of a Utility Model in Turkiye is 10 years from the filing date.
    • The annuity fees must be paid from the 3rd year. For example, the 3rd annuity fee of an application filed on 20.06.2019 must be paid until 20.06.2021.

  3. DIRECT NATIONAL UM APPLICATION IN TURKIYE (NO PRIORITY)

    If the applicant is a citizen of a country that is a member of the Paris Convention or Agreement on Establishing the World Trade Organization, or a legal entity operating in a country that is a member of the Paris Convention or Agreement on Establishing the World Trade Organization, or according to the principle of reciprocity, if the applicant has nationality of a country that provides IP protection for persons having TR nationality, he/she can file a utility model application directly in Turkiye.

    The processing steps and fees for filing a utility model application are the same as in the application with priority. However, since no priority request will be made in this section, no priority fee will be incurred.

    Our related services:

    • - Filing direct utility model applications
    • - PCT national phase entry into Turkiye
    • - Requesting priority right
    • - Drafting utility models in English
    • - Translation
    • - Requesting search reports
    • - Preparation of opposition / opinion documents
    • - Preparing technical reports for use in legal procedures
    • - Filing 3rd party opinions about any utility model invalidity
    • - Publication tracking and reporting
    • - Monitoring and payment of renewal fees
    • - Freedom to operate (FTO) search and reporting
    • - Declaration of use or non-use
    • - Other operations related to utility model