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Patent filing requirements

· 3 min

A patent is a legal right granted for an invention that meets specific conditions, for a limited period. This article explains the application requirements and the general flow of registration at TÜRKPATENT in plain terms.

A patent is an industrial property right that gives the owner of a technical invention the power to prevent others from making, selling and using that invention commercially without permission, for a fixed period. In Turkey, patent applications are filed with the TÜRKPATENT Institute, and protection has a statutory term of 20 years from the filing date, subject to the requirements for maintaining the right.

To obtain a patent, an invention generally needs to meet three core conditions together. These are assessed under the applicable legislation:

  • Novelty: the invention is considered new if it is not identical to technical information that was made public before the filing date.
  • Inventive step: the invention must not be an obvious step for a person skilled in the relevant technical field.
  • Industrial applicability: the invention must be capable of being made or used in an industry or in agriculture.

At the filing stage, documents typically include the title and technical field of the invention, a description explaining how it differs from the prior art, the claims that set the scope of protection, and drawings where needed. The claims are the most important part of the application: how broad or narrow they are directly affects both the scope of protection and the risk of refusal.

The registration process broadly consists of filing and formal checks, a search of the prior art, technical examination, responses to any deficiency notices or objections, and finally registration and publication once the requirements are met. The duration of each stage varies with the type of application and the workload of the examination, so no fixed number of days is given here.

A refusal is always a possibility. Possible reasons include a close match with an earlier publication, claims that are not clearly drafted, and a technical effect that is not explained. A free preliminary search before filing can help to review the novelty of the invention early.

For fees, the current TÜRKPATENT tariff applies; please verify before filing. Before disclosing your invention, keep in mind that the 12-month grace period for the inventor's own disclosure in Turkey (SMK Article 84) may not apply abroad. Deciding which countries you need protection in, and tracking the 12-month priority period under the Paris Convention for patents, are also part of the planning. This exception depends on the source and timing of the disclosure and the conditions of SMK Article 84; disclosure records require case-specific review.

You can begin with an invention disclosure form. Explain where the existing product falls short, the components of your solution and how those components interact. Matching numbered drawings to the description makes the system easier to understand. If you have test results, record the measurement conditions as well: reporting a successful result alone may not explain the technical difference. Keep the applicant, inventors and agreements with employees or partners under separate headings. This preparation separates the technical description from ownership information. An engineering log can help draft the application, although not every detail in that log needs to become part of the claims.

For help with preparing an application, see our service page: /en/hizmetler/patent-basvurusu This article is for general information only; for an assessment specific to your file, please consult our patent attorney.

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