Introduction to Türkiye's First Application System

The Turkish Patent Law stipulates that any invention completed in Turkey must first be submitted to the Turkish Patent and Trademark Office (TÜRKPATENT) before an application can be filed in any foreign jurisdiction. This provision guarantees that the national patent office has the opportunity to conduct a preliminary examination of the invention in order to safeguard Turkey's national security and economic interests. However, unlike some countries, Turkey does not have a formal confidentiality review license (FFL) system, which means that for inventions completed in Turkey, the first application must be filed in Turkey. The Turkish Patent Law (Law No. 6769) outlines the requirements and regulations for the first application.

When does the first application apply in Türkiye?

• Inventions by Turkish employees: If an invention is developed by an employee working for a Turkish employer in Turkey, a first application must be filed with TÜRKPATENT. The nationality of the employee does not affect the filing of the first application. As long as the employee works for a Turkish employer, the first application must be filed with the Turkish Patent Office TÜRKPATENT.
• National security issues: If the invention is a technology that may have national security implications, TÜRK PATENT will assess any risks of the invention before it is disclosed. This requirement is critical to prevent key technological information from being disclosed without proper review.

In the absence of a protective examination system in Turkey, the enforcement of the first-filing requirement is challenging. However, neither the Turkish Intellectual Property Law nor its accompanying regulations provide for penalties for violations, nor do they explain how the Patent Office will issue notifications in the event of violations. Therefore, this means that the actual enforcement of the rule depends on the practice of TÜRKPATENT.

In this case, applicants need to carefully ensure compliance to avoid potential legal risks. After filing the first application in Turkey, inventors can continue to file patent applications abroad based on the Turkish domestic application within 12 months.