# How to File a Patent Application in Turkey: 2026 Step-by-Step Guide

> How to file a patent application in Turkey: patentability, description and claims, EPATS steps, statutory deadlines and 2026 TÜRKPATENT fees with codes.

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Here is the short answer to how to file a patent application in Turkey: the invention is filed with TÜRKPATENT (the Turkish Patent and Trademark Office) through its EPATS system, with a description, claims, an abstract and any drawings; a search must then be requested within 12 months of the filing date, and examination within 3 months of notification of the search report. Under Industrial Property Law No. 6769 (SMK), **a patent is granted only after substantive examination and is protected for 20 years from the filing date**; this term cannot be extended.

The sections below cover, in order, the patentability requirements, confidentiality before filing, the contents of the application, the EPATS steps, the statutory deadlines, the 2026 official fees with their fee codes, annual fees, and the routes to protection abroad.

## Which Inventions Can Be Patented?

Under Article 82(1) SMK, patents are granted for inventions in all fields of technology **provided they are new, involve an inventive step and are industrially applicable**. All three requirements must be met together; if one is missing, no patent is granted.

Novelty means that the invention does not form part of the state of the art. The state of the art, in turn, covers everything made available to the public anywhere in the world, in writing, orally, by use or in any other way, before the filing date (Article 83(1)-(2)). Inventive step means that, having regard to the state of the art, the invention is not obvious to a person skilled in the relevant technical field (Article 83(4)). Industrial applicability means that the invention can be made or used in any kind of industry, including agriculture (Article 83(6)).

The law does not regard certain subject matter as inventions. Under Article 82(2), the following cannot be patented as such:

- Discoveries, scientific theories and mathematical methods.
- Schemes, rules and methods for performing mental acts, doing business or playing games.
- Computer programs.
- Aesthetic creations, literary and artistic works, and scientific works.
- Presentations of information.

The key words are "as such": where a patent application relates to these subjects, the law excludes only the subject matter itself. Software code is protected by copyright (for the distinction, see our article on [trademark vs copyright](https://www.webx.net.tr/en/blog/trademark-vs-copyright)), but an implementation of software that provides a technical solution to a technical problem is assessed separately. In addition, Article 82(3) provides that no patent is granted for inventions contrary to public order or morality, for plant varieties or animal breeds, or for diagnostic, therapeutic and surgical methods applied to the human or animal body.

## Patent or Utility Model?

A utility model is a lighter right than a patent that protects new, industrially applicable inventions **without requiring an inventive step** (Article 142(1) SMK). Its term is 10 years from the filing date and cannot be extended (Article 101(1)).

Not every invention qualifies for a utility model: chemical and biological substances and processes, pharmaceutical inventions, biotechnological inventions, and processes and products obtained by processes cannot be protected by utility models (Article 142(3)). There is no separate examination request stage for utility models: the Office decides by assessing the search report together with any objection by the applicant and any third-party observations (Article 143(8)-(10)). Once a utility model has been granted, no opposition is available before the Office; only invalidation can be sought in court (Article 143(11)). A general comparison of the four industrial property rights is in our article on [trademarks vs patents, designs and utility models](https://www.webx.net.tr/en/blog/trademark-vs-patent-design-and-utility-model).

## Before Filing: Confidentiality and Novelty

The costliest mistake in patenting is disclosing the invention to the public before filing. Because novelty is assessed worldwide, exhibiting at a trade fair, publishing an article, showing the invention on social media or describing it to a customer who is under no duty of confidentiality can all bring the invention into the state of the art.

### The 12-month grace period is not a safety net

Article 84 SMK provides that disclosures made within the 12 months before the filing date (or the priority date, if priority is claimed) by the inventor, or by third parties who obtained the information from the inventor, do not affect the grant of a patent in Turkey. This is an important safety valve, but it has two limits: the burden of proving that the conditions are met lies with the party relying on them (Article 84(4)); and, more importantly, many systems, including the European Patent Convention, have no grace period of comparable breadth. If you are also planning protection abroad, any disclosure before filing may cost you your rights in those countries.

The practical rule is simple: file first, then promote. If you must talk to investors, manufacturers or partners, share the information under a confidentiality agreement; we explain its key clauses in our article [what is an NDA](https://www.webx.net.tr/en/blog/what-is-an-nda). The overall map of which tool protects an idea at which stage is in our guide on [how to protect a business idea](https://www.webx.net.tr/en/blog/how-to-protect-a-business-idea).

## What Goes into the Application?

Under Article 90(1) SMK, a patent application consists of the request form, a description disclosing the invention, the claims, any drawings referred to in the description or claims, an abstract, and proof of payment of the filing fee. The description must disclose the invention clearly and completely enough for a person skilled in the art to carry it out (Article 92(1)). The abstract serves only as technical information and is not used to determine the scope of protection (Article 92(5)).

The filing date is established on the date on which the Office receives a request for the grant of a patent, the applicant's identity and contact details, and a description written in Turkish or in one of the foreign languages listed in the law (Article 90(3)). A Turkish translation of any elements filed in a foreign language must be submitted within 2 months of the filing date; otherwise the application is deemed withdrawn (Article 95(2)). The inventor is named in the application, and if the applicant is not the inventor, the applicant explains how the right was acquired (Article 90(5)). Each application must relate to one invention or to a group of inventions forming a single general inventive concept (Article 91(1)).

### Why are the claims the most critical part?

The scope of protection conferred by a patent is determined by the claims; the description and drawings are used only to interpret them (Article 89(1)). The claims must be supported by the description, be clear and concise, and not go beyond the invention described (Article 92(4)). The application can be amended later, but not beyond the content of the application as filed (Article 103(1)). As a result, a feature that is not in the description on the filing date cannot be added to the claims later. A narrowly drafted claim leaves competitors an easy design-around, while an overly broad one runs into the state of the art in the search.

## How to File a Patent Application, Step by Step

The application and all later steps run through TÜRKPATENT's electronic system, EPATS; logging in and filing work in a similar way to a trademark application (we walk through the screens in our article on [filing through EPATS](https://www.webx.net.tr/en/blog/epats-trademark-application-step-by-step)). Applicants resident abroad, however, can act only through an attorney under Article 160(3) SMK. Step by step, this is how to file a patent application in Turkey:

1. **Prior art search:** Patent databases and the literature are searched for the state of the art, testing before filing whether the invention is genuinely new.
2. **Preparing the file:** The description, claims, abstract and drawings are drafted, and the inventors and the chain of title are settled.
3. **Filing:** The application is filed on EPATS and the filing fee is paid; priority, if any, is claimed with the application or within 2 months of the filing date.
4. **Formal examination:** The Office checks the formal requirements; any notified deficiency must be remedied within 2 months of notification, failing which the application is refused (Article 95(4)).
5. **Search request:** Made with the application or within 12 months of the filing date, on payment of the fee; otherwise the application is deemed withdrawn (Article 96(1)).
6. **Search report and publication:** The report is notified to the applicant and published in the Bulletin; the application is published once 18 months have passed from the filing or priority date, or earlier on request (Articles 96(2) and 97(1)).
7. **Examination request:** Made within 3 months of notification of the search report, on payment of the fee; otherwise the application is deemed withdrawn (Article 98(1)).
8. **Examination and communications:** If the invention is found not to comply with the law, the applicant is invited to comment or amend; no more than three such communications may be issued, and each must be answered within 3 months (Article 98(3)-(4)).
9. **Grant:** Following a positive examination report, the patent is granted and the decision and patent are published in the Bulletin; the certificate is issued on request and payment of the certificate fee (Article 98(5) and (7)).
10. **Opposition period:** Third parties can oppose within 6 months of publication of the grant decision; if there is no opposition, the decision becomes final (Article 99).

From publication of the application, the protection conferred by a patent is granted to the applicant provisionally (Article 97(4)); after publication, third parties may also submit observations on patentability (Article 97(2)).

## Table of Deadlines in the Patent Process

The main deadlines set by the Industrial Property Law for a patent application are:

| Stage | Action required | Deadline (SMK) |
| --- | --- | --- |
| Turkish translation | File the translation of elements submitted in a foreign language | 2 months from filing (Art. 95(2)) |
| Formal deficiency | Remedy the notified deficiency | 2 months from notification (Art. 95(4)) |
| Priority claim | Claim and fee, then the priority documents | Claim with the application or within 2 months; documents within 3 months of filing (Art. 94(1)) |
| Search request | Request and search fee | 12 months from filing (Art. 96(1)) |
| Publication | Publication in the Bulletin (early publication can be requested) | 18 months from the filing or priority date (Art. 97(1)) |
| Examination request | Request and examination fee | 3 months from notification of the search report (Art. 98(1)) |
| Examination communications | Submit comments or amendments | 3 months from each communication; no more than 3 communications (Art. 98(3)-(4)) |
| Third-party opposition | Oppose the granted patent | 6 months from publication of the grant decision (Art. 99(1)) |
| Appeal against Office decisions | Appeal the decision | 2 months from notification (Art. 100) |
| Annual fees | Pay each year on the due date | First due at the end of the 2nd year from filing; 6-month grace period with an additional fee (Art. 101) |

If a deadline is missed, continuation of proceedings can be requested on payment of a fee within 2 months of notification of the missed deadline (Article 107(1)); certain deadlines, such as the priority period, are excluded from this remedy (Article 107(4)).

## 2026 Patent Application Fees

The 2026 amounts in TÜRKPATENT's patent fee table (total amounts, including VAT and any stamp duty) are:

| Item (fee code) | 2026 fee |
| --- | --- |
| Patent filing fee (01.01.01) | TRY 620 |
| Priority claim, per priority (01.01.02) | TRY 1,000 |
| Search report; up to 10 applications for natural persons and 100 for universities (01.01.48) | TRY 2,530 |
| Search report; all other applications (01.01.49) | TRY 5,180 |
| Accelerated search report; applications outside item 01.01.65 (01.01.64) | TRY 10,400 |
| Examination report; up to 10 applications for natural persons and 100 for universities (01.01.50) | TRY 2,530 |
| Examination report; all other applications (01.01.51) | TRY 5,180 |
| 2nd and 3rd examination reports (01.01.54) | TRY 2,530 |
| Patent certificate (01.01.08) | TRY 3,800 |

Worked example: for a natural person within their first 10 applications, the official total of the filing, search, examination and certificate items is TRY 620 + TRY 2,530 + TRY 2,530 + TRY 3,800 = **TRY 9,480**. For a company, the same items come to TRY 620 + TRY 5,180 + TRY 5,180 + TRY 3,800 = **TRY 14,780**. Additional examination reports, priority claims and annual fees are not included in these totals, and attorney fees are added separately. Because the schedule is updated every year, check the amounts on the patent fee page at turkpatent.gov.tr before filing. Public support for application costs also changes from period to period, so it is worth checking current programs; we summarize the general framework in our article on [KOSGEB and government support](https://www.webx.net.tr/en/blog/kosgeb-grants-for-trademark-registration).

## Term of Protection and Annual Fees

A patent is protected for 20 years from the filing date and a utility model for 10 years, and these terms cannot be extended (Article 101(1) SMK). To keep protection in force, annual fees are paid every year starting on the date on which the second year from filing ends, on the month and day corresponding to the filing date (Article 101(2)). In the fee schedule, annual fees are listed as "registry fees" rising year by year from the 3rd year to the 20th. Sample items:

- 3rd year (01.01.23): TRY 3,800
- 5th year (01.01.25): TRY 5,720
- 10th year (01.01.30): TRY 10,000
- 15th year (01.01.35): TRY 18,940
- 20th year (01.01.40): TRY 26,650

An annual fee not paid on its due date can still be paid, with an additional fee, within the 6 months following the due date (Article 101(3)). Under the fee schedule, this late payment is calculated by adding to the annual fee due 25 percent of that fee excluding stamp duty (01.01.21). If payment is not made within the grace period either, the patent lapses as of the due date; if the compensation fee is paid within 2 months of notification of the lapse, the right is reinstated (Article 101(4)). Over a twenty-year patent, the annual fees add up to far more than the cost of filing, so portfolio decisions should be reviewed every year.

## Protection Abroad: Priority, PCT and European Patents

A Turkish patent protects only in Turkey. The foundation of protection abroad is the priority right: a first patent or utility model application filed in a country party to the Paris Convention or the WTO gives priority for the same invention in other countries for **12 months** (Article 93(1) SMK). For trademarks, remember, the period is 6 months; you can compare the logic of priority for the two rights in our article on [priority rights in trademark registration](https://www.webx.net.tr/en/blog/priority-right-in-trademark-registration). In Turkey, priority is claimed with the application or within 2 months of the filing date, and the documents are filed within 3 months (Article 94(1)).

### PCT: a single international application

The Patent Cooperation Treaty (PCT) is a system that preserves, through a single international application, the right to enter the national phase in a large number of countries; the PCT itself does not grant patents, and each country takes its own decision in the national phase. The general deadline for entering the national phase is 30 months from the priority date. The fee for an application entering the Turkish national phase is TRY 16,890 under the 2026 schedule (01.01.41), and there is a separate item for late entry within an extended period (01.01.42, TRY 8,550).

### European patents

Turkey is party to the European Patent Convention. For a European patent granted by the European Patent Office and covering Turkey to take effect in Turkey, a Turkish translation must be filed with TÜRKPATENT and the publication fee paid; the European patent specification publication fee in the schedule is TRY 25,930 (01.01.45). Which route to take depends on the number of target countries, the need to spread costs over time and the commercial maturity of the invention.

## Conclusion

Key takeaways:

- A patent requires novelty, inventive step and industrial applicability together (Article 82(1) SMK); a utility model does not require an inventive step.
- File first, then promote: the 12-month grace period in Article 84 does not protect your rights abroad.
- The claims define the scope of protection, and the application cannot later be amended beyond its content as filed.
- Critical deadlines: search request 12 months, publication 18 months, examination request 3 months after the search report, opposition 6 months.
- In 2026 the filing fee is TRY 620, the search and examination reports cost either TRY 2,530 or TRY 5,180 each, and the first annual fee falls due at the end of the 2nd year from filing.

### Would you like to protect your invention?

Contact us through our [contact page](https://www.webx.net.tr/en/iletisim) before you disclose your invention; we will carry out a confidential preliminary assessment, settle the choice between a patent and a utility model, and prepare the description and claims for filing. Through our [patent registration service](https://www.webx.net.tr/en/hizmetler/patent-tescil), we manage the search and examination requests, responses to communications and annual fee tracking in one place. Since a product's name and logo are protected by a trademark rather than a patent, we also recommend aligning the [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) for your invention's commercial name with the same timeline.

## Frequently Asked Questions

### Can I file a patent application myself, without an attorney?

Natural and legal persons resident in Turkey can file through EPATS themselves; those resident abroad can act only through a patent or trademark attorney. Even where it is legally possible, drafting the description and claims calls for technical and legal expertise: because the application cannot later be amended beyond the content of the application as filed, a gap at the start usually becomes permanent.

### How many years does a patent application take in Turkey?

The Industrial Property Law does not set an overall time frame; the outcome depends on when the search and examination requests are made and on how many communications are issued during examination. Requesting the search together with the application, asking for the accelerated search report that has its own fee item, and answering communications early all shorten the process. Waiting until the end of the examination request period lengthens it.

### Can I promote and sell the invention after filing?

Yes. Because novelty is assessed as of the filing date, promotion after filing does not destroy the novelty of that application. If a product, label or advertisement gives the impression that a patent application or patent exists, you must also state the application or patent number (Article 106(5) SMK). If you will also file abroad, make sure your promotion is compatible with the rules of those countries and with the priority period.

### Can a patent application be converted into a utility model application?

Yes. A pending patent application can be converted into a utility model application at the applicant's request, and a utility model application can be converted into a patent application no later than three months after notification of the search report (Article 104 SMK). An application that has already been converted cannot be converted again. If priority was claimed, the same priority is recognized for the converted application.

### Does a patent lapse immediately if an annual fee is not paid?

Not immediately. An annual fee not paid on its due date can still be paid, with an additional fee, within six months of the due date. If it is not paid within that period either, the patent lapses as of the due date and a notification is issued; if the compensation fee is paid within two months of that notification, the right is reinstated. Rights acquired by third parties as a result of the lapse are not affected by the reinstatement.

### In whose name should a patent application be filed?

The right to a patent belongs to the inventor or their successors and can be transferred; for inventions made jointly, it belongs to all the inventors unless agreed otherwise. If the applicant is not the inventor, the application must explain how the applicant acquired the right. For service inventions made in the course of employment, the employer's rights are governed separately by the employee invention provisions of the Industrial Property Law.

### Can a withdrawn patent application be filed again?

It depends on whether the application has been published. If an unpublished application is withdrawn, deemed withdrawn or refused, a new application can be filed for the same invention. If a published application is withdrawn, no new application can be filed for the same invention; moreover, the published content has by then become part of the state of the art.

### Can others see my unpublished patent application?

As a rule, no. Patent applications that have not yet been published cannot be inspected by third parties without the applicant's written consent. The exception is a person who can prove that the applicant intends to assert rights under the application against them. The application is published in the Bulletin once 18 months have passed from the filing or priority date, or earlier at the applicant's request.

## Related Resources

- [Patent Registration](https://www.webx.net.tr/en/hizmetler/patent-tescil): Covers preparing patent and utility model applications, the differences between protection types and the TÜRKPATENT procedure.
- [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate.
- [Trademark or Patent? The Differences Between Design and Utility Model Protection](https://www.webx.net.tr/en/blog/trademark-vs-patent-design-and-utility-model): What's the difference between a trademark and a patent? Design registration, utility models and copyright compared — coverage, duration and which one to choose.
- [How to Protect a Business Idea: Trademark, Patent, Copyright and NDA](https://www.webx.net.tr/en/blog/how-to-protect-a-business-idea): How to protect a business idea: an abstract idea is not protected, its form is. A tool, term and cost table for 7 idea types, from names to trade secrets.
- [What Is an NDA (Non-Disclosure Agreement)? When and How to Use One](https://www.webx.net.tr/en/blog/what-is-an-nda): What is an NDA? A confidentiality agreement that stops shared information being used for other purposes. One-way vs mutual NDAs, 10 key clauses and mistakes.
- [What Is the Priority Right? The Priority Advantage in Trademark Registration](https://www.webx.net.tr/en/blog/priority-right-in-trademark-registration): What is priority right in trademark registration? The six-month Paris Convention window, exhibition priority, and international filing planning.
- [What Is EPATS? A Step-by-Step Guide to Filing a Trademark Application at TÜRKPATENT](https://www.webx.net.tr/en/blog/epats-trademark-application-step-by-step): What is EPATS and how do you file a trademark application? E-signature, class selection, logo upload rules, fee payment and tracking, step by step.
- [Patentability Search vs. Freedom-to-Operate Analysis: What Is the Difference?](https://www.webx.net.tr/en/blog/patentability-search-vs-freedom-to-operate): Why are an FTO analysis and a patentability search separate? Differences in question, scope, country and status, free databases and your options after FTO.