TÜRKIYE Law and Practice Contributed by: Meltem Manav and Yeşim Kumova, KM Legal
1. Patents 1.1 Legal Framework and Patentable Subject Matter The principal source of Turkish patent law is the Indus- trial Property Law No 6769 (IPL), in force since 10 January 2017, which governs patent and utility model disputes (Articles 82–145), supplemented by general provisions. In addition, inventors may rely on unfair competition under the Turkish Commercial Code (TCC), tort under the Turkish Code of Obligations (TCO) and trade secret protections under the Turkish Penal Code (TPC), while secondary legislation and, for earlier rights, the repealed Patent Decree Law, remain relevant. Under Article 82 of the IPL, patents are granted for inventions in all fields of technology, provided that they cumulatively satisfy the criteria of novelty, inven- tive step and industrial applicability. Novelty requires that an invention has not been made available to the public anywhere in the world before the filing or prior- ity date by any means, while an inventive step exists where it is not obvious to a person skilled in the art in light of the state of the art. Industrial applicability requires that the invention can be produced or used in any field of industry, including agriculture. Article 82 establishes a two-tier system of exclusions. Firstly, certain subject matter is not regarded as an invention, including discoveries, scientific theories, mathematical methods, business methods, computer programs as such, aesthetic creations and presen- tations of information without technical contribution. Secondly, even where a technical feature exists, pat- ents are not granted for inventions contrary to pub- lic order or morality, plant and animal varieties and essentially biological processes (excluding microbio- logical ones), medical and diagnostic methods prac- tised on humans or animals, the human body and its elements, and certain biotechnological inventions such as cloning or germ line modification, although products used in medical methods remain patentable and microbiological processes are distinguished from essentially biological ones. Utility models are regulated alongside patents and protect relatively minor, industry-applicable technical
solutions embodied in three-dimensional products without necessarily requiring an inventive step. They confer exclusive rights similar in scope to patents, but through a faster and more cost-effective registration process, with a shorter, non-renewable term of ten years. Utility models are subject to patent provisions where applicable and may be converted from or into patent applications. However, they are limited to tan- gible products, excluding methods and formulations, and it is not possible to obtain both a patent and a utility model for the same invention. The system oper- ates on a first-to-file basis, requires a search report, and protection may lapse upon expiry, non-payment of fees or surrender. 1.2 Patent Granting Procedure A patent application is filed with the Turkish Patent and Trademark Office (TURKPATENT) by submitting the application form, paying the fee and providing the description, claims, abstract and, where applicable, drawings. The application undergoes formal examina- tion, with deficiencies leading to rejection if not rem- edied in time. A search request must be filed within 12 months of filing, and the resulting search report, form- ing the first substantive assessment, is published with the application, which is in any event published after 18 months. Following publication, third parties may submit observations, and the applicant must request substantive examination, during which the patent- ability criteria are assessed. If granted, the patent is published, and third parties may oppose within six months; the final decision, following review, is notified and published, concluding the procedure. TURKPATENT examines patent applications on both formal and substantive grounds and decides on reg- istration. In straightforward cases, the process typi- cally takes 2–3 years from filing to grant, extending to 3–5 years where objections or amendments arise; a search report is usually issued within 6–12 months, followed by publication, third-party observations and a substantive examination phase of a further 6–18 months, after which, if the criteria are met, the pat- ent is granted and published, triggering a six-month opposition period. The system involves one-off pro- cedural fees and annual renewal fees, revised yearly; under the 2026 tariff, the filing fee is approximately TRY620, search and examination fees range between
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