Patents & Utility Models
If a patent right has lapsed because the patent annuity was not paid, the patent is reinstated if the patent holder proves that the payment could not be made due to force majeure (compelling reasons). The force majeure request must be filed within six months of the publication in the relevant bulletin of the notice that the patent right has lapsed. The patent holder's force majeure request is published in the bulletin. Interested parties may submit their observations on the matter within one month of publication. Reinstatement of the patent is subject to a decision of the Office. Reinstatement of the patent does not affect the acquired rights of third parties who obtained rights as a result of the lapse of the patent right. The rights of third parties and their scope are determined by the court. If the patent is reinstated, the patent holder must pay the unpaid fees together with the additional fees. Fees are paid into the designated bank accounts of the Turkish Patent and Trademark Office (TÜRKPATENT). The original bank receipt is sent to the Office. Fees payable to the Office must be paid into the accounts opened for the respective currency (TL, EUR, USD, CHF).