Turkish Patent Institute Grants Previliges for the Patent Applicants and Patentees Affected by the Catastrophic Events in Japan

ANKARA - Abu-Ghazaleh Intellectual Property (AGIP) would like to inform you that the Turkish Patent Institute (TPI) announced that, it is sad to hear of the tragic loss of life caused by the devastating earthquake and tsunami which struck Japan and they are presenting their heartfelt sympathy to the people of Japan. The Institute added that their prayers and thoughts are with everyone who has been affected by the terrible disaster.

TPI considers the effects of the earthquake and resulting tsunami in Japan on March 11, 2011, to be a "reasons of Force Majeure" within the meaning of Article 134 Decree Law 551 Pertaining to the Protection of Patent Rights for affected patent applicants and patentees.

In view of the natural disaster that struck Japan and of its dramatic impact, the TPI draws attention to the following: TPI will take the current situation in Japan into account in processing of patent applications/patents, within the scope of legal options.

The opportunities provided to those affected by the above-mentioned situation can be listed as follows:

- Additional 3 months time request is available for translation of specification of a European Patent.
- From the notification of decision to grant the utility model certificate the payment for the grant is required within three months. Additional 3 months extension time limit is available provided that relevant fees are paid within three months from the notification of the decision. Same provision is applicable also for patents.
- Where a patent right terminates for non-payment of annual fees; the patent shall be revalidated upon the holder of the patent bringing evidence of force majeure for reasons of which the said fee could not be paid. The claim related to force majeure shall be put forward within six months as from the publication, in the bulletin, of the announcement pertaining to the termination of the patent right.
- The time limit for entering the national phase for PCT applications designating Turkey is 30 months from the priority date, which time limit may be extended (until 33 months from the priority date) provided that the fee for extension of the period for entering into the national phase is paid upon entering into Turkish national phase. Additional time request is also available for the applications entering into national phase after 33 months for reasons of unintentional cause
- Turkish translation shall be furnished while entering the national phase or where the translation is not available while entering the national phase, request fee for extension for furnishing the Turkish translation shall be paid while entering the national phase. The national fee may be paid within seven calendar days from the date of entry into the national phase and the translation may still be filed within one month, or an additional three months from the date of entry into the national phase, provided that extension request for submitting Turkish translation is filed and relevant fees are paid.