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Patent protection period

· 3 min

Patent protection lasts 20 years from the filing date, but the continuation of the right depends on paying annual fees on time. This article explains the protection term, annual payments and the reasons a patent right can end.

In Turkey, patent protection has a statutory term of 20 years from the filing date, subject to the requirements for maintaining the right. This period is counted from the filing date, not from the registration date. Therefore, if registration takes a long time, the remaining protection period is shorter accordingly.

For a utility model, protection lasts 10 years from the filing date. This difference should be taken into account when planning which right to choose.

To keep a patent right in force, annual fees must be paid. Annual fees are paid according to the current tariff; for amounts and payment periods, check the current information from TÜRKPATENT. Failure to pay on time may lead to the loss of the right. For this reason, the payment schedule should be followed regularly from the beginning of the file.

In general, a patent right may end for the following reasons:

  • Expiry of the protection term: the right ends automatically after 20 years for a patent or 10 years for a utility model.
  • Non-payment of annual fees: if payment is not made within the set period, the right may lapse.
  • Surrender of the right: the patent owner may notify that they give up the right.
  • Invalidity: the patent may be cancelled if it is found to be contrary to the legislation.

Once the protection term expires, that patent no longer provides a basis to prevent use under that right. The invention is usually disclosed through the published application already; public disclosure and expiry are different events. A product may involve other active patents or other rights. Expiry alone therefore does not establish that all features of a product can be freely used. Review the country, product version and rights records together before making a commercial decision.

During the protection term, the patent right allows legal action against infringement; however, for the right to be effective, the patent must remain valid and its payments up to date. Register details, payment status and possible objections should be checked regularly.

For each portfolio file, record its application number, filing date, owner, country and current procedural status. A shared tracking arrangement with assigned responsibility is useful instead of leaving records only in a personal calendar. Before an annual payment, review commercial use too: is the product still made, are licensing talks active, and is the solution used in new products? These questions support an informed portfolio decision rather than automatic abandonment. Distinguish the person carrying out the action from the decision-maker. Do not decide on use solely because an old document exists; review register information and technical scope together. This connects deadline tracking with the business’s current product plan.

Long-term portfolio management can help with this. For the terms of your patent rights, payment schedules and monitoring needs, see our service page: /en/hizmetler/patent-portfoy-yonetimi This article is for general information only; for an assessment specific to your file, please consult our patent attorney.

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