EUROPEAN PATENT ORGANISATION
Turkey accedes to the European Patent Convention1
1. Accession to the EPC
The Government of the Republic of Turkey (TR) deposited its instrument of accession to the European Patent Convention (EPC) on 28 August 2000. The EPC accordingly enters into force for Turkey on 1 November 2000.
The European Patent Organisation will thus comprise the following 20 member states as from 1 November 2000: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Portugal, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
Further information concerning the effects of this accession and the Turkish provisions for the implementation of the EPC will be published in a later issue of the Official Journal.
2. Important information
European patent applications filed on or after 1 November 2000 will include the designation of Turkey2.
In order to allow the designation of Turkey, the EPO will also accord European patent applications filed during October the filing date of 1 November 2000, if the applicant expressly requests that filing date when filing the application.
3. PCT
Since Turkey has been a PCT contracting state since 1996, Turkish nationals and persons having their principal place of business or residence in Turkey will also be entitled, as from 1 November 2000, to file international applications with the European Patent Office as receiving Office. Furthermore, Turkey may be designated for a European patent in international applications filed on or after 1 November 20003.
1 Since Turkey deposited its instrument of accession with the government of the Federal Republic of Germany after double OJ issue 8-9/2000 was published, the Official Journal announcement could not be made until issue 10/2000. The information was therefore published first on the EPO website, on 29 August 2000.
2 See Section 32.1 of the Request for Grant form (EPA/EPO/OEB Form 1001 07.99; OJ EPO 1999, 359). This continues to be the applicable version, there being no plans to revise it at present.
To obtain a reduction in the examination fee under Rule 6(3) EPC and Article 12(1) RFees, the request for examination may be worded as follows in Turkish: "Ba_vurunun 94. Madde'ye göre incelenmesi istenmektedir" (see Section II, point 5, of the Notes on Form 1001). As Section 5 (left-hand column) of Form 1001 already contains a preprinted written request for examination in the EPO's official languages, the recommended procedure is to enter the written request for examination in Turkish in the right-hand column of Section 5. The request for examination in Turkish may however also be submitted later at any time before the examination fee is paid (see decision J 21/98 of the Legal Board of Appeal, published in OJ EPO 8-9/2000, 406). This new practice also applies to the other admissible non-EPO languages. Section II, point 5, of the Notes on Form 1001 will be amended accordingly the next time the Notes are revised.
3 See also PCT Newsletter 9/2000.