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 keep one in our files.
