In Turkiye, there are specific requirements mandating that any invention developed within Turkey must first be filed with the Turkish Patent and Trademark Office (TÜRKPATENT) before it can be submitted in any foreign jurisdiction. This regulation ensures that the national patent office has the initial opportunity to review the invention, thereby safeguarding national security and economic interests.  

However, unlike some jurisdictions, Turkiye does not have a formal foreign filing license (FFL) requirement. This article provides a comprehensive overview of the first filing requirement for Turkish patents and discusses the implications of not having an FFL. 

First Filing Requirement in Turkiye

In general, the first filing requirement mandates that the first patent application for an invention must be filed in the country where the invention was made before it can be filed elsewhere. This requirement ensures that the national patent office has the opportunity to review the invention first. 

In Turkiye the provisions for the first filing requirement are outlined in the Turkish Patent Law (Law No. 6769), specifically under the Turkish Industrial Property Code. TÜRKPATENT is the authoritative body responsible for overseeing the implementation of the first filing requirement. 

When is the First Filing Requirement Applied in Turkiye? 

Inventions by Employees in Turkiye: If an invention is developed by an employee working in Turkey for a Turkey-based employer, the first filing must be made with TÜRKPATENT. Herein, the nationality of the employee is not important. What is important is whether the employee works for a Turkish employer. 

National Security Concerns: If the invention involves technology that could have implications for national security, the first filing in Turkey ensures that TÜRKPATENT can evaluate any risks before the information is disclosed internationally. This requirement is crucial to prevent sensitive information from being exposed without proper scrutiny. 

Absence of a Foreign Filing License in Turkiye 

Turkey does not require an FFL for filing a patent application in a foreign jurisdiction. In many countries, an FFL is needed to obtain permission before filing a patent application abroad, especially if the invention might have national security implications. However, in Turkey, such a system does not exist.  

Implications of the First Filing Requirement without a Foreign Filing License  

In the absence of an FFL in Turkey, the enforcement of the first filing requirement is challenging. Additionally, neither the IP Law nor the accompanying Regulation specifies penalties for non-compliance or outlines the notification process in case of a violation. This lack of explicit enforcement mechanisms means that the practical implementation of this rule depends on the practices adopted by TÜRKPATENT.  

At this situation, the applicant needs to carefully ensure compliance to avoid potential issues and must still ensure that the initial filing is done in Turkey. After filing the initial application in Turkey, the inventor can then proceed with filing patent applications in foreign countries, typically within 12 months of priority period.  

Additionally, the absence of an FFL in Turkiye simplifies the process for inventors intending to file patents internationally. The absence of an FFL reduces the bureaucratic burden on inventors. Once the initial filing is made in Turkey, inventors are free to file in other countries without needing additional permissions. 

Conclusion 

While Turkiye does not have a foreign filing license requirement, the first filing requirement serves a crucial role in regulating the spread of sensitive technological information. Adhering to this requirement is essential for Turkish inventors looking to protect their inventions internationally. By understanding and following the required procedures, inventors can avoid legal pitfalls and successfully extend their patent protections beyond Turkey's borders.