Recent years have seen a group of emerging countries, known as BRICs, achieve a spectacular economic development. The acronym BRIC, which refers to Brazil, Russia, India and China, was coined by the US firm Goldman Sachs in its report “Building Better Global Economic BRICs” and has since become widely used all around the world.

The present article will focus on Turkey, which is gradually coming into the spotlight as an emerging country called to prominence in the wake of the four BRIC countries, whose crucial role as a motor of the World’s economic growth is now well-established. It will attempt to analyze the reasons behind the country’s growing visibility, and will also look into the ways inventions can be protected in Turkey.

The Republic of Turkey is an Eurasian country stretching over the Anatolian Peninsula in Asia Minor and Thrace in the Balkan region of Eastern Europe. Its central position between Europe, Asia and the Middle East has allowed the country to thrive as a crossroad between East and West from time immemorial. The wide majority of the Turkish population are Muslims. With a territory of about 780,000 km2 (twice larger than Japan) and a population of 72,06 million in 2005 (governmental statistic), Turkey is one of the leading countries of the Middle East and has traditionally been considered, being a member of the NATO, as a Western country.

Following its coinage of the acronym BRIC, Goldman Sachs released a list of emerging countries expected to achieve high-level growth in the wake of the BRIC countries. The list, called NEXT11, included Turkey.

Further, economist Takafumi Kadogura, from the BRICs Economic Research Institute, included Turkey in VISTA, his own list of high-potential emerging countries – the T in the acronym “VISTA” standing for Turkey.

It may thus be said that Turkey is increasingly gathering international attention as one of the most promising followers to the BRIC countries.

Turkey is also a member of the G20 (a recurring summit conference on international finance and economy), and was elected as a non-permanent member of the UN Security Council in 2009. The country is thus increasingly making its voice heard in the international community.

Let us know take a look at the reasons behind Turkey’s growing visibility.

First, an analysis of the basic elements causing the high economic growth of the BRICs reveals that all four enjoy 1) an abundant work force and 2) rich natural resources, to which adds up a third factor – namely, 3) a rising production capacity caused by an influx of foreign capital.

As described below, these three elements are present in Turkey.

First, Turkey holds a population of approximately 72,06 million inhabitants (2005), that is a bigger population than Europe’s most developed countries, and is not affected by a declining birth rate as is the case in these countries. Its increasing work force thus gives the country the ability to sustain its economic growth.

Turkey is also blessed with rich underground resources. Its production of coal and magnesium is high even by world standards, and it also produces antimony, gold, iron, bronze, copper and bauxite. Further, the country is also active in crude oil and natural gas extraction.

Regarding the third factor, collaborative enterprises established between international car makers (Toyota, Fiat, Renault…) and Turkish financial interests are becoming in recent years a pillar of the country’s economy, while exports of vehicles towards Europe have served as a valuable source of foreign currency.

In addition, Turkey, as a meeting point between the oil-rich countries of the Middle East and the giant market of the European Union, holds an advantageous geographical position.

Besides its already advanced automotive industry, these various reasons concur to give Turkey the potential to achieve a fast-paced growth in other manufacturing industries, thanks to foreign investment and to its position as a production center for exports towards Europe.

It is also worth noting that Turkey is currently engaged in negotiations for a future accession to the European Union. Becoming a member of the EU should give the country a further boost, especially in the economic sector.

In the meantime, South Korea, Japan’s closest neighbor, is becoming involved with Turkey on a governmental level, through free trade agreements between the two countries.

The number of patent applications filed in Turkey by domestic applicants have been consistently increasing since 1995 – perhaps as a reflection of the country’s growing economy. The number of patent applications filed in 2009 reached about 2,500.

Following its accession to the European Patent Convention (EPC) as a member state, most applications to Turkey have been European patent applications. The number of Turkish patent applications filed via the EPC route in 2009 was about 4,500 cases.

The number of patent applications from Japan to Turkey has doubled from 73 in 1999 to 141 in 2009. Meanwhile, the number of patent applications filed by Korean and Chinese applicants is on the increase, but the figures remain low, with Korean applicants filing 41 applications and Chinese applicants 23 applications in 2009.

The current trend is thus a year-after-year increase in the number of patent applications filed in Turkey, a trend which, given the potential of the country as a production center for the European market, is bound to last.

1) Application routes

Turkey is a member of the Paris Convention, of the European Patent Convention (EPC) and of the Patent Cooperation Treaty (PCT).

As a result, foreign individuals and companies can file a patent application with the Turkish Patent Institute (TPI) and obtain patent rights in Turkey via one of the following three routes:

2) Patent process

Turkish patent law differs greatly from Japanese patent law in that the former provides for the coexistence of patents with a seven-year term and of patents with a twenty-year term.

The following is a flowchart of the successive steps from the filing stage up to the acquisition and subsequent expiry of a seven-year patent or of a twenty-year patent.

Following the filing of the patent application (S1), the TPI conducts a formal examination (S2). If the application is found to be flawed during the formal examination, reasons for refusal are communicated to the applicant, which is then granted an opportunity to submit in response an argument and an amendment.

The format of the application documents is similar to that used in many countries: front page, description, claims, abstract, and (if necessary) drawings. The application language is Turkish, but the filing of application documents in English, French or German is also allowed. In this case, a Turkish translation of the application documents must be submitted within one month from the date of filing, along with an additional fee.

After the formal examination is over, the application is disclosed after an eighteen-month period from the date of filing (eighteen-month period from the priority date if a priority has been claimed) by being published in the patent gazette (S3).

One point of attention is the fact that Turkish patent law requires the applicant to file a request for a state-of-the-art search (S4) within fifteen months from the date of filing (fifteen months from the priority date if a priority has been claimed). If such a request is not filed, the application is deemed to be withdrawn.

Following the filing of the request for state-of-the-art search, the search report is communicated to the applicant (S5), which must then choose within three months between a seven-year patent or a twenty-year patent (S6).

Further, once the search report of the state-of-the-art search has been communicated to the applicant, the search report and the selected term of the patent (seven years or twenty years) is disclosed after a three-month period. Following disclosure, a six-month period is allocated to third parties to file objections (pre-grant objections) that the disclosed invention does not meet patentability requirements.

In the case that the applicant opted for a seven-year patent at S6, a decision of grant is issued (S7) whether or not third parties have filed objections, as applications for seven-year patents are not substantively examined. Then, following the payment of the registration fees within a prescribed period, a patent right is granted and the registered content is published (S8).

Before expiration and following a substantive examination, a seven-year patent may be converted into a twenty-year patent. If no such conversion is requested (NO in S9), the patent right expires at the end of its seven-year term (S10).

Alternatively, in the case that the applicant opted for a twenty-year patent at S6, a request for substantive examination (S11) must be filed within six months from the publication date of the search report of the state-of-the-art search. Further, if an objection has been filed by a third party during the six-month period from the publication date of the search report of the state-of-the-art search, the applicant is notified accordingly and allowed to respond to the objection or to file an amendment.

Following the filing of a request for substantive examination by the applicant, the substantive examination begins (S12). If the Examiner from the TPI judges that the application does not meet the requirements for patentability, the applicant is notified accordingly, and provided with an opportunity to submit an opinion and an amendment.

Patentability requirements are similar to Japan, the applicant having to comply with novelty, inventive step, and industrial applicability requirements. In addition, (1) discoveries, scientific theories, plans, methods and rules for performing mental acts and the like, and (2) subject matter contrary to public policy or generally accepted standards of morality are considered to be outside the scope of inventions or patentable inventions. Meanwhile, computer programs are also considered to be outside the scope of patentable inventions, contrarily to Japanese patent law.

If the Examiner judges that the applications meets patentability requirements, a decision of grant is issued (S13), and a patent right is granted following the payment of the registration fees. The registered content is then published (S14). Finally, following the completion of the twenty-year period from the filing date, the patent term expires (S15).

In addition to the seven-year and twenty-year patents (regular patent) described above, Turkish patent law also provides for patents of addition, secret patents and utility model certificates, whose description will serve as a conclusion to the present article.

1) Patents of addition

Inventions eligible for the grant of a patent of addition are inventions improving or developing the invention related to a main patent. The requirements are that the invention related to the patent of addition should share the overall inventive concept of the main patent and should improve or develop the invention related to the main patent. In other words, novelty and inventive step do not constitute requirements.

A patent of addition can be filed in the period until the final decision regarding the main patent has been issued. However, a patent of addition is not granted in the case that the main patent application is refused.

If the application is still pending, it is possible to convert an application for a patent of addition into an application for a main patent.

2) Secret patents

Secret patents refers to applications related to inventions considered by the TPI to be of high importance to domestic security, and which may thus be kept secret for up to five months from the filing date. As a result, it may be said that applications filed by foreign applicants are not concerned by this provision.

3) Utility model certificates

Utility model certificates are intended to protect inventions similar to those eligible for patent protection. However, unlike patents, inventions pertaining to a manufacturing method or to a chemical material are not eligible for a utility model certificate. The term of a utility model certificate is ten years from the filing date.

Requirements for the registration of a utility model certificate is that the invention be “novel” and “applicable in industry”. Similarly to Japanese utility models, applications for a utility model certificate in Turkey are examined only to determine whether or not formal requirements are met and whether or not the subject of the application is eligible for protection.

An application for a utility model certificate may be converted into a patent application before it is registered, while a patent application may also be converted into an application for a utility model certificate.

http://www.turkpatent.gov.tr/

http://www.jpo.go.jp/shiryou/s_sonota/fips/mokuji.htm

http://www.turkpatent.gov.tr/portal/default_en.jsp?sayfa=121

http://www.iprsupport-jpo.jp/soudan/miniguide/miniguide.html

http://www.jpo.go.jp/torikumi/mohouhin/mohouhin2/manual/manual.htm

http://online.tpe.gov.tr/EPATENT/servlet/EPreSearchRequestManager

Annex: Turkish economy data