*A practical guide for foreign applicants seeking patent protection in Türkiye through the PCT system.

What is PCT?

The Patent Cooperation Treaty (PCT) is an international system that allows inventors and applicants to seek patent protection in multiple countries through a single application. Established in 1970, the PCT is administered by the World Intellectual Property Organization (WIPO). Its key advantage is enabling applicants to initiate a multi-country patent process with a single filing.

It is important to note that a PCT application does not itself grant a patent. Instead, it ensures that the application is prepared and reviewed according to standardized procedures, allowing applicants to plan strategically and financially before entering national phases. This approach postpones the effort and costs associated with filing separately in each country.

What is a PCT Application and What Are Its Benefits?

A PCT application is the first step in a patent process intended to achieve international validity. It gives applicants flexibility in deciding which countries they wish to pursue protection in during the defined timeframe.

The main advantages include:

• Time management: Applicants generally have 30 months from the priority date to enter the national phase in most countries. In Türkiye, this period can be extended by an additional 3 months for a fee, allowing a total of 33 months.
• Deferred costs: National phase fees can be postponed until approximately two and a half years after the initial filing.
• Patentability assessment: The international search report provides early insight into the likelihood of obtaining a patent.
• Single format advantage: Preparing the application in one language and format simplifies the filing process.

For example, an inventor seeking protection in Europe, Asia, and the United States can use a PCT application to initiate protection simultaneously. Subsequently, only the selected countries proceed to the national phase. Türkiye is considered one of these national phase jurisdictions.

How is a PCT Application Filed?

A PCT application may be filed either with the applicant’s national patent office or directly with WIPO, depending on the applicant’s nationality or residence. In Turkey, the competent authority is the Turkish Patent and Trademark Office (TÜRKPATENT).

The filing process generally includes:

• Document preparation: Specification, claims, abstract, and necessary drawings.
• Filing the application: Through TÜRKPATENT or directly via WIPO.
• International search: The appointed search authority examines prior art and issues a report.
• Publication: The application is published in the international patent bulletin 18 months from the priority date.
• Optional preliminary examination: Applicants may request an additional review before entering national phases.

For foreign applicants, it is essential that PCT National Phase filings in Turkey are submitted through a registered Turkish patent attorney. The application must be in Turkish, and translations may be required before submission to WIPO.

What is the PCT National Phase in Türkiye and Is It Mandatory?

While a PCT application advances internationally as a single file, obtaining patent protection in Turkey requires entering the national phase. This involves submitting the application to TÜRKPATENT, preparing translations if needed, and paying the required national fees.

Key points:

• The standard period to enter the national phase in Türkiye is 30 months from the priority date. Applicants can extend this by 3 months for an additional fee, making the total period 33 months.
• Failing to enter the national phase within this timeframe results in the loss of rights in Turkey.
• TÜRKPATENT examines the application under Turkish patent law and decides whether to grant a patent.

Applicants only enter the national phase in countries where protection is desired, avoiding unnecessary costs.

The PCT system is a strategic tool that enables inventors to seek patent protection in Turkey and other countries efficiently. Initiating international protection with a single application saves both time and costs. However, the PCT process is only the first step; patent rights are ultimately secured by entering the national phase and completing the examination process in each country.
For foreign applicants, working with an experienced Turkish Patent Attorney is essential to ensure the national phase in Türkiye is handled professionally, efficiently, and in full compliance with legal and technical requirements.