Creating an IP can be very expensive and also involves considerable labour. Payment of the renewal fees in due time is important for continuing the rights conferred by patents, trademarks, designs and plant breeders’ rights. Our firm provides swift and cost-effective services for monitoring and payment of the renewal fees from one case up to large portfolios.
Patent Annuities
Turkish patent and utility model applications are subject to annuity fees from the third and each subsequent year calculated from the filing date of the application. An annuity fee is due on the same day of the month containing the anniversary of the date of filing of the national patent application. If the applicant fails to do so, such annuity may still be paid within an additional term of six months with surcharge. Failure to pay the annuity fees within the additional 6 months results in loss of rights, which can only be remedied with payment of the recovery fee for the unpaid annual fee. Turkish PTO strictly applies the “all due care” criterion such that the reason for failure has been caused by unforeseeable reasons and the applicant has duly spent every effort not to cause any loss of rights.
European patent applications are subject to annuity fees from the third and each subsequent year calculated from the filing date of the application. An annuity is due on the last day of the month containing the anniversary of the date of filing of the European patent application. If the applicant fails to do so, such annuity may still be paid within an additional term of six months with surcharge. Annuity fees falling due before publication of the mention of the grant are payable to the EPO. However, applicants should pay attention to the fact that if the due date falls on or after the publication of the mention of the grant, such annuities should then be paid before the national offices where the European patent takes effect.
Any person can pay patent annuities either at the Turkish PTO or EPO without a power of attorney.
Trademark Renewals
The protection term of a trademark in Turkey is 10 years, starting from the filing date. Renewal fees can be paid within 6 months prior to the last day of the month in which the protection term ends. If the owner of the mark fails to so, the renewal fee may still be paid without a surcharge within 6 months after the last day of the month in which the protection term ends. If the renewal fee is still absent, the corresponding mark is deemed to be withdrawn.
A power of attorney is not required if the payer has not served it previously to the Turkish PTO, but it is strongly recommended to submit a power of attorney before the Turkish PTO. However, the legalization of the POA is not required.
Design Renewals
The term of protection of the registered design is 5 years from the filing date of the application and can be maintained up to 25 years provided that renewal fees have been duly paid. Renewal fees can be paid within 6 months prior to the last day of the month in which the protection term ends. If the owner of the design fails to so, the renewal fee may still be paid without a surcharge within 6 months after the last day of the month in which the protection term ends. If the renewal fee is still absent, the corresponding design is deemed to be withdrawn.
A notarized power of attorney is required if the payer has not served it previously to the Turkish PTO. However, the legalization of the POA is not required.
Plant Variety Annuities
Annuities become due starting from the year in which PBR is granted and the said fees need to be paid each subsequent year during the protection term. Annuities are payable to the Variety Registration and Seed Certification Center. The Ministry of agriculture publishes every year in January the updated fees for the PBRs procedures.
- Annuity fees need to be paid up until the last day of January each year.
- Failure to pay the annuities in due time causes loss of rights.
- It should be considered that only an authorized representative or the applicant per se can pay the annuities before the authority.