TÜRKIYE Law and Practice Contributed by: Meltem Manav and Yeşim Kumova, KM Legal
TRY2,500 and TRY10,000 per stage, and a grant fee of around TRY3,800 is payable, with additional fees for priority claims. Renewal fees are payable from the third year onwards to maintain the patent. While resi- dent applicants may apply directly, representation is mandatory for non-residents and generally advisable in all cases. 1.3 Scope, Term and Maintenance of Patent Rights A granted patent confers an exclusive right to exploit the invention and to prevent unauthorised third-party use. Under Article 85 of the IPL, the owner may pro- hibit the manufacture, use, sale, import or possession for such purposes of the patented product, the use or offering of a patented process where unauthorised use is or should be known, and the commercial use of products obtained from that process. These rights apply irrespective of the place of invention, field of technology, or whether products are imported or locally produced. Pursuant to Article 101, protection lasts for a fixed, non-renewable term of 20 years from the filing date, after which the invention falls into the public domain. Annual maintenance fees must be paid from the third year onwards, in advance on each filing anniversary, without notice from TURKPATENT. Late payment is permitted within a six-month grace period with sur- charge, failing which the patent lapses. Reinstatement is possible within two months of notification upon payment of the prescribed fee, restoring protection from the payment date and publication in the Bulle- tin. No supplementary protection certificates or term extensions are available. 1.4 Ownership, Assignment and Licensing The right to apply for and own a patent vests in the inventor or their legal successors. It is not necessary for the applicant to have made the invention person- ally, provided the right has been lawfully acquired. Ownership may be sole or joint. Employee inventions are regulated under Articles 113–122 of the IPL, distin- guishing between service and free inventions. Service inventions made in the course of employment belong economically to the employer, subject to the employ- ee’s mandatory right to equitable remuneration and to be named as inventor. The employee must notify
the employer, who must elect within statutory time limits whether to claim rights. A full claim obliges the employer to file a patent application and pay reason- able compensation. Remuneration disputes are sub- ject to compulsory arbitration. Free inventions falling outside the employer’s field do not require notification. In universities and publicly funded research, inven- tions must be disclosed and generally vest in the institution, with at least one-third of commercialisation income allocated to the inventor. Assignments and licences are subject to formal requirements. Assign- ment and licence agreements must be in writing and notarised, and both transactions must be recorded in the patent register to be effective against bona fide third parties. Unregistered transactions remain valid inter partes but cannot be invoked against third par- ties acting in good faith. 1.5 Patent Infringement and Defences Under Article 141 of the IPL, patent infringement cov- ers both direct exploitation and contributory involve- ment in infringing activities. Direct infringement includes the unauthorised manu- facture or use of a patented product or process, and, where a process patent is concerned, the use or com- mercialisation of products directly obtained from that process. Usurpation of ownership and unauthorised extension or transfer of licence rights is also treated as infringement. Contributory infringement arises where a party know- ingly, or who ought to know, participates in the com- mercial circulation of infringing goods by selling, importing, offering, or possessing them for commer- cial purposes. Infringement occurs where the claims of a patent are used, either literally or by way of equivalents. It may also arise where certain claim elements are omitted or replaced, provided the essential features of the inven- tion are still embodied. Proceedings may be initiated from publication of the application, and bad-faith acts may give rise to liability even earlier. The exclusive rights under Article 85 are subject to statutory limitations, including private and non-com-
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