INTERNATIONAL PATENT

What is an international patent application?

The protection provided by a patent or utility model certificate obtained in Turkey is valid within the borders of the Republic of Turkey. In order for the invention in question to be protected in other countries, it is necessary to apply for patent or utility model certificate in the countries where protection is requested. There are 7 different systems for patent registration abroad. With systems enabling simultaneous application in many countries paper works significantly reduce by applying in one language and advantages of time and especially cost is created.

As ANADOLU PATENT, we provide the protection of your inventions by the registration service in the countries that you have established abroad, registered or not registered in the country, especially in the countries where you carry on EXPORT activities.

In the event that an application filed in Turkey can be filed within 12 months of the date of filing (priority) of application to other member countries of the Paris Convention and the right of priority is requested during this application, between the date of application in Turkey and the date of application to other countries, the applications made and patents that third parties will be granted for the same invention shall be deemed void.

It is a system that enables 152 countries are members including Turkey to make a patent application at the same time and receive a single application and a single search report until the country is selected. The application process is carried out by the World Industrial Property Rights Organization (WIPO), which is headquartered in Geneva, Switzerland.

This system is an application system and no international patent document will be granting. Documentation is provided by national offices after the search report.

Member states:

United Arab Emirates (AE), Antigua and Barbuda (AG), Albania (AL), Armenia (AM), Angola (AO), Austria (AT), Australia (AU), Azerbaijan (AZ), Bosnia and Herzegovina (BA), Barbados (BB), Belgium (BE), Burkina Faso (BF), Bulgaria (BG), Bahrain (BH), Benin (BJ), Brunei Darussalam (BN), Brazil (BR), Botswana (BW), Belarus (BY), Belize (BZ), Canada (CA), Central African Republic (CF), Congo (CG), Switzerland (CH), Côte d’Ivoire (CI), Chile (CL), Cameroon (CM), China  (CN), Colombia (CO), Costa Rica (CR), Cuba (CU), Cyprus (CY), Czechia (CZ), Germany (DE), Djibouti (DJ), Denmark (DK), Dominica (DM), Dominican Republic (DO), Algeria (DZ), Ecuador (EC), Estonia (EE), Egypt (EG), Spain (ES), Finland (FI), France  (FR), Gabon (GA), United Kingdom (GB), Grenada (GD), Georgia (GE), Ghana (GH), Gambia (GM), Guinea (GN), Equatorial Guinea (GQ), Greece (GR), Guatemala (GT), Guinea-Bissau (GW), Honduras (HN), Croatia (HR), Hungary (HU), Indonesia (ID), Ireland (IE), Israel (IL), India (IN), Iran (Islamic Republic of) (IR), Iceland (IS), Italy (IT), Jordan (JO), Japan (JP), Kenya (KE), Kyrgyzstan (KG), Cambodia (KH), Comoros (KM), Saint Kitts and Nevis (KN), Democratic People’s Republic of Korea (KP), Republic of Korea (KR), Kuwait (KW), Kazakhstan (KZ), Lao People’s Democratic Republic (LA), Saint Lucia (LC), Liechtenstein (LI), Sri Lanka (LK), Liberia (LR), Lesotho (LS), Lithuania (LT), Luxembourg (LU), Latvia (LV), Libya (LY), Morocco (MA), Monaco (MC), Republic of Moldova (MD), Montenegro (ME), Madagascar (MG), The former Yugoslav Republic of Macedonia (MK), Mali (ML), Mongolia (MN), Mauritania (MR), Malta (MT), Malawi (MW), Mexico (MX), Malaysia (MY), Mozambique (MZ), Namibia (NA), Niger (NE), Nigeria (NG), Nicaragua (NI), Netherlands (NL), Norway (NO), New Zealand (NZ), Oman (OM), Panama (PA), Peru (PE), Papua New Guinea (PG), Philippines (PH), Poland (PL), Portugal (PT), Qatar   (QA), Romania (RO), Serbia (RS), Russian Federation (RU), Rwanda (RW), Saudi Arabia (SA), Seychelles (SC), Sudan (SD), Sweden (SE), Singapore (SG), Slovenia (SI), Slovakia (SK), Sierra Leone (SL), San Marino (SM), Senegal (SN), Sao Tome and Principe(ST), El Salvador (SV), Syrian Arab Republic (SY), Swaziland (SZ), Chad (TD), Togo (TG), Thailand (TH), Tajikistan (TJ), Turkmenistan (TM), Tunisia (TN), Turkey (TR), Trinidad and Tobago (TT), United Republic of Tanzania (TZ), Ukraine (UA), Uganda (UG), United States of America (US), Uzbekistan (UZ), Saint Vincent and the Grenadines (VC), Viet Nam (VN), South Africa (ZA), Zambia (ZM), Zimbabwe (ZW)

It is the system where 38 countries are members including Turkey. Applications are carried our by the European Patent Office (EPO), headquartered in Munich, Germany.

For European Patent application, European Patent Certification is issued if deemed appropriate in line with the investigation report prepared after the investigation phase realized by EPO. Thereafter, the necessary procedures are taken to ensure the validity of the European patent in the designated countries.

Member states:

Germany (DE), Albania (AL), Austria (AT), Belgium (BE), Bulgaria (BG), Czech Rep. (CZ), Denmark (DK), Estonia (EE), Finland (FI), France (FR), Cyprus (CY), Croatia (HR), Netherlands (NL), United Kingdom (GB), Ireland (IE), Spain (ES), Sweden (SE), Switzerland (CH), Italy (IT), Iceland (IS), Latvia (LV), Lichtenstein (LI), Lithuania (LT), Luxembourg (LU), Hungary (HU), Macedonia (MK), Malta (MT), Monaco (MC), Norway (NO), Poland (PL), Portugal (PT), Romania (RO), San Marino (SM), Serbia (RS), Slovakia (SK), Slovenia (SI), Turkey (TR), Greece (GR)

Extension states:

Bosnia and Herzegovina (BA), Montenegro (ME)

Validation states:

Morocco (MA), Moldova (MD)

Eurasian Patent Organization – EAPO is a regional system and is valid in the countries of the former USSR.

Member states:

Azerbaijan (AZ), Belarus (BY), Armenia (AM), Kazakhstan (KZ), Kyrgyzstan (KG), Moldova (MD), Russian Fed. (RU), Tajikistan (TJ), Turkmenistan (TM)


eapo

The Gulf Cooperation Council – GCC is a system that includes members of the Gulf Cooperation Council (GCC). Patent application procedures are carried out before the Council.

Member states:

Bahrain (BH), United Arab Emirates (AE), Qatar (QA), Kuwait (KW), Saudi Arabia (SA), Oman Sultanate (OM)


gcc
African Intellectual Property Organization (OAPI) headquartered in Yaoundé, Cameroon, is a system valid in French-speaking African countries. Protection is provided in all member states with a single application. Country selection is not possible, and a possible rejection affects all countries.

Member states:

Benin (BJ), Burkina Faso (BF), Chad (TD), Equatorial Guinea (GQ), Ivory Coast (CI), Gabon (GA), Guinea (GN), Guinea-Bissau (GW), Cameroon (CM), Comoros (KM), Congo (CG), Mali (ML), Mauritania (MR), Niger (NE), Central African Republic (CF), Senegal (SN), Togo (TG)


oapi
The African Regional Intellectual Property Organization (ARIPO), headquartered in Harare, Zimbabwe, is a system valid in English-speaking African countries. Protection is provided in all member states with a single application. Country selection is possible, and a possible rejection affects all countries.

Member states:

Botswana (BW), Gambia (GM), Ghana (GH), Kenya (KE), Lesotho (LS), Liberia (LR), Malawi (MW), Mozambique (MZ), Namibia (NA), Rwanda (RW), Sierra Leone (SL), Sao Tome and Principe (ST), Somali (SO), Sudan (SD), Swaziland (SZ), Tanzania (TZ), Uganda (UG), Zambia (ZM), Zimbabwe (ZW)


aripo
A direct national application is a form of application that can be file in countries not included in any international or regional system. It is preferred when the application is considered in a few countries, or when the applicant country is not included in any system.

Protection can only be achieved through registration.

The patent preliminary search is the first step recommended to evaluate novelty, innovation step and industrial applicability criteria of the invention. The criteria provided by the inventor are compared with inventions published worldwide and the results are reported.

It is advised to conduct a similarity search through data sources in the countries considered for application to minimize risks before the application is made. The results will help the applicant to decide which system to use and the road map will be prepared according to the results.

Do not forget to register your products in your target markets where they are exported not to have problems during and after sales.

Documents* required by Anadolu Patent to file an international patent application:

  • Applicant(s)’s name(s), nationality and address (es),
  • Inventor(s)’s name(s), nationality and address (es),
  • Title of invention,
  • Full text specification including description, claims, and abstract in original language or in English; and drawings (if any),
  • Home certificates or registration number if available,
  • Priority certificate (if applicable),
  • Power of Attorney
* The required documents may vary according to the jurisdiction. The list of documents will become clear when we receive the information of the requesting countries.
In the Official Patent Bulletin of the trademark applied for registration, the rights holder has the right to appeal within the period of official time interval, claiming the right of ownership. Patent application can be rejected by assessing objections made by the local office’s experts.

The most important point in the appeal process is the appeal petitions prepared by combining the acquired experience and legal resources together with the evidence documents proving the rights of ownership.

Patents are protected for 20 years from the date of application. It is possible to maintain the patent right every year, provided that the annuity fees are paid.

Utility model applications are protected for 10 years from the date of application. It is possible to maintain the utility model every year, provided that annuity fees are paid.

*Utility model application is valid only in some jurisdictions.
In order not to face a problem with respect to the protection of your patent rights, registration of patent owner’s title and address changes, patent transfer, licensing, merger, division or inheritance changes in the title of the patent and the transactions such as attachment and pledge must be registered before the related local offices for each jurisdiction.

Notarized contracts must be submitted for transfer and licensing transactions.

The International Patent Classification (IPC) system has been established in order to classify patent documents in one and the same way to prevent the confusion that may arise from the use of different national patent classification systems. IPC is a hierarchical system consisting of departments, classes, subclasses and groups (main group and subgroup).The 8th edition of IPC contains approximately 70,000 groups under 8 sections identified by one of the capital letters from A to H in the current edition.
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