It is crucial for holders of European Patents to maximize the value of their patents by having them validated in the countries where they want to maintain protection.
Although the process to validate a European Patent appears straightforward, there are several key factors to take into account and expect from your local agent for a smooth process.
Highly quality translation
High quality translation by technically qualified translators specialized in patent and terminology in the related arts and technologies is critical when seeking protection in a certain country.
Technical expertise and qualification
According to the Regulation showing the implementation of the European Patent agreement in Turkey, in case the Turkish translation is narrower than the text of the European patent application or the European patent in the processing language, the Turkish translation is taken as the basis for determining the scope of protection, excluding invalidation proceedings. With this scope all European Patent and its claims should be carefully translated considering the scope of the protected invention.
It is strongly recommended that all translations should be checked and approved by the registered and well experienced patent attorneys in the related art and the technologies.
Communication and transparency
Within three months of the publication of the decision to grant (B1) in the European Patent Bulletin, requests for European patent validation must be made. The period for validating European patents in Turkey cannot be extended. A European patent has no possibility of being validated again if it is not validated on time.
This means that there is no further excuse for the re-establishment of the rights.
However, provided that the request for European patent validation is filed in due time, Turkish translation can be still filed later but with a surcharge to be paid together with the request for European patent validation.
It is always possible to have short notices or possibility to not have the full translation before the deadline. It is critical to communicate with transparency and possible solutions in unforeseen circumstances.
The filing process of European Patent Validation is fully online in Turkey. Besides there is no Power of Attorney or any other documents required.
After receiving a request for validation, TURKPATENT conducts a formal examination within one month. If no deficiencies are discovered, the European patent is then published in the Turkish Patent Bulletin, and two to three months after the formal examination is finished, an electronic patent certificate is issued and sent. Any additional cost for postal service or any other disbursements should not be considered.
As Sincore IP we do our best to meet these key factors with our services.
Please visit our services page from here for more information about EP validations in Turkey.
Please do not hesitate to contact us if you need any assistance