Validation

  • London Agreement: Translation of the patent specification in Turkish needs to be filed.
  • Applicants with neither residence nor principal place of business in Turkey need to appoint an authorised representative.
  • Art. 70(3) EPC: Authentic text is the translation filed in Turkey (with the exception of nullity proceedings if protection conferred by the translation is narrower than in the language of the proceedings).
  • It is imperative that a precise and correct translation of the patent specification is filed as infringement proceedings are based on the incorrect text.
  • Incorrect text can be corrected anytime but law provides that prior use based on the incorrect translation can be viewed legitimate.
  • Linguistic character of specifications as translated into Turkish should be ensured to avoid claim interpretation problems before national courts as Turkey is not part of the Unified Patent Court system.
  • An additional extension period of three months can be demanded for filing the translation subject to payment of an additional fee.
  • No need to file a power of attorney accompanying petitions for validations; we nevertheless┬ákeep one in our files.