WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP1N11/TURlP/1 
17 July 2000 
(00-2908) 
Original: English/ 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TURKEY 
The present document reproduces the text' of the following laws and regulations, as notified by Turkey 
under Article 63.2 ofthe Agreement (see document IP/N/lITURl2): 
Page 
Decree-Law N° 551 on the Protection of Patent Rights, including Transitional Article 4 as amended by 2 
Decree-Law N° 566 of 19 September 1995 
Implementing Regulations under Decree-Law N° 551 pertaining to the Protection of Patent Rights, 42 
including Amended Regulation of6 December 1998 
Conseil des aspects des droits de proprieie 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TURQUIE 
Le present document contient le texte' des lois et reglementations ci-aprt!s, notifiees par la Turquie au titre 
de I'article 63:2 de l'Accord (voir le document IP/N/1/TURl2): 
Page 
Decret-Ioi n° 551 relatif a la protection des droits de brevet, y compris l'article transitoire 4 modi fie 2 
par le Decret-loi n° 566 du 19 septembre 1995 
Reglement d'application du Decret-loi n° 551 relatif a la protection des droits de brevet, y compris le 42 
Reglement modifie du 6 decembre 1998 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
TURQUIA 
En el presente documento se reproduce el texto' de las siguientes leyes y reglamentos, que Turquia notifico 
de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/TURl2): 
Pagina 
Decreto Ley N° 551 relativo a la proteccion de los derechos de patente, con el articulo transitorio 4, y 2 
las modificaciones introducidas por el Decreto Ley N° 566, de 19 de septiembre de 1995 
Reglamento de aplicacion contenido en el Decreto Ley N° 551 relativo a la proteccion de los derechos 42 
de patcnte, con la reforma del regiamento, de 6 de diciembre de 1998 
, In English only. The texts in the original language are available for consultation by interested Delegations at the WTO 
SecretariatJEn anglais seulement. Les delegations interessees peuvent consulter Ics textes dans leur langue d'origine, au Secretariat de 
I'OMC.lEn ingles solamente. Las delegaciones interesadas podn'm consultar en la Secretaria de la OMC los textos en su idioma originaL IPIN/IITUR/P1l 
Page 2 
TURKEY 
Decree-Law No. 551 on the Protection of Patent Rights in Force 
as from June 27, 1995* 
(as amended by Decree-Law No. 566 of September 22, 1995, 
and amended, added to and partly repealed by 
Law No. 4128 of November 7,1995) 
TABLE OF CONTENTS** 
Article 
Part I: Preliminary Provisions 
Section I: Aim, Scope, Persons Entitled to Protection 
and Definitions 
Aim and Scope ........................ . 
Persons Entitled to Protection ............ 2 
Definitions ............................ 3 
Priority Application of International Agree-
ments ................................. 4 
Section II: Patentability Requirements 
Part Il: Patentable Inventions ......... ', .. " .. '. 5 
Non-Patentable Subject Matter and Inventions 6 
Novelty., ... " ...... , .. , .. , ........ ,.. 7 
Disclosures Not Affecting Patentability .... 8 
Inventive Step ..... ', .. '.,', ... , ... ,... 9 
Applicability in Industry, .. , ......... , , . . 10 
Right to a Patent, Appropriation of the Right and 
Naming of the Inventor 
Right to a Patent ..... , .. , , , ... , .. , , .. , .. 
Appropriation of the Right to a Patent .' .. . 
Appropriation of a Patent .,' ..... , .. , ... . 
Consequences of Termination of Approprin-11 
12 
13 
tion , .......... , ... , ....... , ... , ..... : 14 
Naming of the Inventor, .... , . , . . . .. . . . .. 15 
Part Ill: Employee Inventions 
Section I: Employee Inventions 
Employee Inventions ... " .. , ........ ,... 16 
Service Inventions and Free Inventions .... 17 
Service Inventions and Obligation to Report 18 
Employer's Right to an Invention ......... 19 
Effect and Consequences of the Claim ..... 20 
Service Inventions that Become Free Inven-
tions . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 
Compensation Where Full Ownership Is 
Claimed ............................... 22 
Compensation Where Partial Ownership Is 
Claimed'............................... 23 
* Entry into force (as last amended, added to and partly 
repealed by Law No. 4128): November 7, 1995. 
Source: Communication from the Turkish Authorities. 
Note: Translation by the International Bureau of WIPO 
on the basis of an English translation supplied by the Turkish 
authorities. 
** Added by WIPO. Calculation of Compensation in the Regula-
tion and Arbitration Procedure . . . . . . . . . . . . 24 
Method of Calculating Compensation ...... 25 
Obligation on the Employer to Apply for a 
National Patent. . . . . . . . . . . . . . . . . . . . . . . . . 26 
Filing an Application for a Service Invention 
in a Foreign Country .................... 27 
Mutual Rights and Obligations of the Parties 
During the Patent Grant Procedure ........ 28 
Obligations Deriving from a Patent Applica-
tion or Patent .......................... 29 
Abstention from Filing a Patent Application 30 
Free Inventions and Obligation to Notify ... 31 
Obligation to Offer ..................... 32 
Technical Improvement Proposals. . . . . . . . . 33 
Section II: Common Provisions on Employee Inventions 
Mandatory Nature of the Provisions on 
Employee Inventions ..... . . . . . . . . . . . . . . . 34 
Requirement of Compliance with Equity ... 35 
Obligation to Respect Secrecy ............ 36 
Effects of Obligations ................... 37 
Employee's Right of Preemption .......... 38 
Section 1II: Inventions Made by Employees in Public 
Service 
Inventions and Technical Improvement 
Proposals of Employees in Public Service .. 39 
Inventions of Armed Forces Personnel ..... 40 
Inventions of University Staff............ 41 
Part IV: Grant of Patents 
Section I: Application for a Patent and Application Re· 
quirements 
Application for a Patent and Enclosures .... 42 
Determination of the Filing Date .......... 43 
Obligation to Name the Inventor in the Appli-
cation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 
Unity of Invention ...................... 45 
Explicitness of the Description .... :...... 46 
Patent Claims .......................... 47 
Abstract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 
Priority Rights Arising from Applications 
Filed Under International Conventions ..... 49 
Priority Rights Arising from Display at Exhi-
bitions ................................ 50 
Effect of Priority Rights ................. 51 
Claiming and Evidencing of Priority 52 
Section 11: Examination of the Application 
Rejection of an Application .............. 53 
Examination as to Form ................. 54 
Publication of the Application ............ 55 
Request for the Conduct of the State-of-the 
Art Search and Payment of the Search Fee .. 56 
Drawing up, Notification and Publication of 
the State-of-the-Art Search Report ........ 57 
Impossibility of Drawing up' Search Report 
for Reasons of Deficiency ............... 58 
Choice of the Substantive Examination System 59 
Section Ill: System of Patent Grant Without Substantive 
Examination 
Patent Grant Without Substantive Examina-
tion .................................. 60 
Publication and Printing of a Patent Granted 
Without Substantive Examination ......... 61 IP/N/1/TUR/P/l 
Page 3 IP/N/lITUR/P1l 
Page 4 
Section IV: System of Patent Grant with Substantive Ex­
amination 
Patent Grant with Substantive Examination 62 
Publication and Printing of a Patent Granted 
with Substantive Examination ............ 63 
Section V: Formal Patent Application Procedure 
Amendment of Claims ................... 64 
Converting a Patent Application into a Utility 
Model Application ...................... 65 
Withdrawal of an Application ............ 66 
Conditions Governing Inspection of Patent 
Application Files ....................... 67 
Filing a Withdrawn Application for a Second 
Time ................................. 68 
Obligation to Specify the Number of a Patent 
Application or Patent. . . . . . . . . . . . . . . . . . . . 69 
Section VI: Objections to Deficiencies of Form During 
the Patent Grant Procedure Raised After the 
Grant of the Patent 
Part V: Objections to Deficiencies of Form ........ 70 
Effect of the Objection to Deficiencies of 
Form ................................. 71 
Provisions on Rights Under a Patent 
Term of the Patent ..................... . 72 
Scope of Rights Under a Patent ........... 73 
Article 73A Pertaining to "Penalties and 
Fines" Added to Decree-Law No. 5551 on the 
Enactment of Law No. 4128 as of Novem-
ber7, 1995. ............................ 73A 
Use of Elements of the Patent by Third Parties 74 
Limits of the Scope of the Rights Under the 
Patent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 
Exhaustion of the Rights Under the Patent. . 76 
Rights Conferred by Prior Use. . . . . . . . . . . . 77 
Effect on Patents of Earlier Date .......... 78 
Dependency of Subject Matter of Patents. . . 79 
Restrictions on the Use of the Patent. . . . . . . 80 
Legal Monopoly . . . . . . . . . . . . . . . . . . . . . . . . 81 
Effects of Publication of a Patent Application 82 
Scope of Protection Conferred by a Patent 
Application or Patent and Interpretation of 
Claims............ .................... 83 
Rights Deriving from Process Patents ...... 84 
Part VI: Legal Transactions in Relation to a Patent Applica­
tion or Patent 
Section I: Joint Ownership Relations 
Joint Ownership Relations ............... 85 
Section Il: Transfer and Licensing of Patent Applications 
and Patents 
Transfer and Licensing of Patent Applications 
and Patents ............................ 86 
Indivisibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 87 
Contractual License ....... , . . . . . . . . . . . . . 88 
Obligation to Provide Information . . . . . . . . . 89 
Obligations Arising from the Transfer and 
Licensing of Rights ..................... 90 
Joint Liability ..... . . . . . . . . . . . . . . . . . . . . . 91 
Entry in the Patent Register and Effects 
Thereof. . .. . . . . . . . . . . . . . . . . . . . .. .. . . . . 92 
Unfair Competition ..................... 93 Section III: Offer for Licensing 
Offer for Licensing by Patentee .......•... 94 
Acceptance of the Offer for Licensing 95 
Section IV: Obligation to Work 
Obligation to Work ..................... 96 
Evidence of Use ........................ 97 
Acknowledgment of Working. . . . . . .. . . . . . 98 
Part VII: Compulsory Licenses 
Section I: General Requirements for Compulsory Licenses 
Requirements for Granting a Compulsory 
License ........................ ,...... 99 
Request for Compulsory License .......... 100 
Compulsory Licensing in the Case of Depen-
dency Between Patents .................. 101 
Exportation as a Ground for a Compulsory 
License ............................... 102 
Compulsory License on Grounds of Public 
Interest ............................... 103 
Request for Mediation. . . . . . . . . . . . . . . . . . . 104 
Mediation by the Institute. . . . . . . . . . . . . . . . 105 
Mediation Procedure of the Institute ....... 106 
Effects of Mediation by the Institute. . . . . . . 107 
Request for Compulsory License .......... 108 
Initiation of the Compulsory Licensing Proce-
dure .................................. 109 
Compulsory License Decision ............ 110 
Costs Relating to the Compulsory License 
Decision .............................. III 
Suspension of the Compulsory License Proce-
dure .................................. 112 
Notification of Patent Agents Representing 
Persons Domiciled Abroad ............... 113 
Section 11: Compulsory License System 
Legal Nature of the Compulsory License 114 
Violation of Relations of Mutual Trust..... 115 
Scope of Compulsory Licenses Under Patents 
of Addition ............................ 116 
Transfer of Compulsory License .......... 117 
Request for Amendment of Terms ......... liS 
Applicability of the Provisions on Contractual 
Licenses .............................. 119 
Section Ill: Compulsory Licensing Incentives 
Provision of Compulsory Licensing Incen-
tives .................................. 120 
Part VlII: Patents of Addition and Secret Patents 
Section 1: Patents of Addition 
Application for a Patent of Addition 121 
Priority Date of Patents of Addition 122 
Conversion of a Patent of Addition into a 
Main Patent. . . . . . . . . . . . . . . . . . . . . . • . . . . . 123 
Applicability of Patent Provisions to Patents 
of Addition ......................•..... 124 
Section II: Secret Patents 
Conditions of Secrecy ................... 125 
Register of Secret Patents, Extension of 
Secrecy Period and Lifting of Secrecy ..... 126 
Annual Fees and Compensation for Secret 
Patents. . . . . . . . . . . . . . . . . . . . . • . • . . . . . . . . 127 
Permission to File Applications in Foreign 
Countries for Secret Patents.. ..•... .. . ... 128 IP INII/TURIP 11 
Page 5 IP/NIlITUR/P/l 
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Part IX: Invalidation of the Patent and Termination of 
Patent Rights 
Section I: Invalidation of the Patent 
Invalidity ............................. 129 
Request for a Declaration of Invalidity. . . . . 130 
Effects of Invalidity .................... 131 
Effects of Invalidity on Patents of Addition 132 
Section II: Termination of Patent Rights 
Causes of Termination .................. 133 
Non-Payment of Annual Fees for Reasons of 
Force Majeure ......................... 134 
Surrender of Patent Rights ............... 135 
Part X: Infringement of Patent Rights and Legal Proceed­
ings in Infringement Cases 
Section I: Cases of Infringement 
Acts Constituting Infringement of Patent Rights 136 
Section JI: Legal Proceedings 
Claims of the Patent Owner and Competent 
Court ................................. 137 
Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . 138 
Documents Evidencing Infringement ...... 139 
Income Not Realized .................... 140 
Increase on the Income Not Realized ...... 14/ 
Reputation of the Invention .............. 142 
Reduction of Compensation .............. 143 
Persons from Whom No Compensation May 
Be Claimed ............................ 144 
Statute Barring ......................... 145 
Section Ill: Special Courts 
Competem Courts ...................... 146 
Publication of the Court's Decision........ 147 
Section IV: Special Provisions 
Action by the Licensee and Requirements 
Therefor .............................. 148 
Claim of Non-infringement of a Patent and 
Requirements Therefor .................. 149 
Action to Secure Evidence ............... 150 
Precautionary Measures ................. 151 
Nature of Precautionary Measures......... 152 
Civil Procedure Code ................... 153 
Part XI: Utility Model Certificates 
Inventions Protected by the Grant of Utility 
Model Certificates ...................... 154 
Inventions and Subject Matter Not Eligible 
for Protection by the Grant of Utility Model 
Certificates ............................ 155 
Novelty............................... 156 
Right to Apply for a Utility Model Certificate 157 
Rights Not Binding on Third Parties ....... 158 
Application for a Utility Model Certificate . J 59 
Examination of the Application as to Form 
and Publication ........................ 160 
Opposition by Third Parties .............. 161 
Decision of the Institute, Grant of a Utility 
Model Certificate and Publication ......... 162 
Objections Alleging Deficiencies of Form 
Filed After the Grant of a Utility Model 
Certificate. . . . . . . . . . . . . . .. . . . . . . . . . . . •. 163 
Form and Term of Protection ............. 164 
Invalidation of a Utility Model Certificate. . 165 
Application of Patent Provisions •......... 166 Conversion of an Application for a Utility 
Model Certificate into a Patent Application 167 
Conversion of a Patent Application into an 
Application for a Utility Model Certificate . 168 
Registration of the Subject Matter of a Utility 
Model Certificate as an Industrial Design .. 169 
Impossibility of Granting Both a Utility 
Model Certificate and a Patent for the Same 
Invention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 
Part XII: Persons Authorized to Act and Agents 
Persons Authorized to Act ............... 171 
Part XIII: Payment of Fees and Legal Effects Thereof 
Payment· of Fees and Legal Effects Thereof 172 
Annual Fees ........................... 173 
Part XIV: Final Provisions 
Provisions Repealed .................... 174 
Entry into Force ........................ 175 
Implementation ........................ 176 
Transitional Provisions 
Application of Previous Provisions 
Production of State-of-the-Art Search Reports 
Prior to the Establishment by the Institute of 
the Necessary Organization for the Produc­
tion of Such ReportS 
Payment of Annual Fees 
Protection of Pharmaceutical Products and of 
Processes for the Production Thereof IP /NI lITURlP 11 
Page 7 
PART I 
PRELIMINARY PROVISIONS domiciled or have industrial or commercial establish­
ments within the territory of the RepUblic of Turkey, or 
to persons entitled to file applications under the provi­
sions of the Paris Convention. 
Section I 
Aim, Scope, Persons Entitled to Protection and 
Definitions 
Aim and Scope 
Art. 1. The aim of this Decree-Law is to protect inven­
tions by granting 
1. patents or 
2. utility model certificates, 
in order to promote inventive activity and contribute to 
technical, economic and social development by imple­
menting inventions in industry. 
This Decree-Law contains the principles, rules, con­
ditions and requirements for the issue of patents or utility 
model certificates for inventions qualifying for the grant 
of industrial property rights. 
Persons Entitled to Protection 
Art. 2. The protection conferred by this Decree-Law 
shall be available to natural and legal persons who are Natural or legal persons other than those referred to in 
the first paragraph of this Article who are nationals of 
States that accord legal or de facto protection to' nation­
als of the Republic of Turkey shall enjoy patent and/or 
utility model protection in Turkey according to the prin­
ciple of reciprocity. 
Definitions 
Art. 3. For the purposes of this Decree-Law, "Insti­
tute" means the Turkish Patent Institute set up in accor­
dance with Decree-Law No. 544. 
For the purposes of this Decree-Law, "Paris Conven­
tion" means the International Convention for the Protec­
tion of Industrial Property of March 20, 1883. 
Priority Application of International Agreements 
Art. 4. Where international agreements that have en­
tered into force according to the laws of the Republic of 
Turkey contain provisions that are more favorable than 
those of this Decree-Law, the persons referred to in Arti­
cle 2 may request the benefit of those more favorable 
provisions. IP IN/IITURIP /1 
Page 8 
Section n 
Patentability Requirements 
Patentable Inventions 
Art. 5. Inventions that are novel, go beyond the state 
of the art and are applicable in industry shall be protected 
by patents. 
Non-Patentable Subject Matter 
and Inventions 
Art. 6. The foliowing, not being inventions by nature, 
shall remain outside the scope of this Decree-Law: 
(a) discoveries, scientific theories, mathematical 
methods; 
(b) plans, methods and rules for performing mental 
acts, conducting business activities and playing games; 
(c) literary and artistic works, scientific works, cre­
ations having aesthetic characteristics, computer pro­
grams; 
(d) methods of collecting, arranging, presenting and 
transmitting information that have no technical features; 
(e) methods of diagnosis, therapy and surgery appli­
cable to the human or animal body. 
The provisions in subparagraph (e) of the first para­
graph of this Article shall not apply either to the 
actual products and compositions used in connection 
with the said methods or to the manufacturing process 
thereof. 
'Patents shall not be granted for inventions relating to 
the following: 
(a) subject matter contrary to public policy or gener­
ally accepted standards of morality; 
(b) plant and animal varieties or processes for breed­
ing plant or animal varieties that are based mainly on 
biological factors. 
Novelty 
Art. 7. Any invention that is not part of the state of the 
art shall be deemed novel. 
The state of the art shall be held to consist of informa­
tion pertaining to the subject matter of the invention that 
has been made accessible to the public in any part of the 
world before the filing date of the patent application by 
disclosure either in writing or orally, by use or in any 
other way. 
Patent and utility model applications filed in Turkey 
prior to the filing date of the patent application and pub­
lished on or after that date shall be considered included 
in the state of the art as from the first disclosure of their 
contents. Disclosures Not Affecting Patentability 
Art. 8. Disclosure in the following circumstances of 
information that otherwise would affect the patentability 
of the invention claimed in an application shali not affect 
the patentability of that invention where the information 
was disclosed during the 12 months preceding the filing 
date or, where priority is claimed, the priority date of the 
application: 
(a) by the inventor; 
(b) by an office when the information was contained 
I. in another application filed by the inventor 
and should not have been disclosed by the of­
fice; 
2. in an application filed without the knowledge 
or consent of the inventor by a third party 
who obtained the information directly or in­
directly from the inventor; 
(c) by a third party who obtained the information 
directly or indirectly from the inventor. 
For the purposes of the first paragraph of this Article, 
any person who, on the filing date of the application, had 
the right to the patent shall be deemed the inventor. 
The effects of the first paragraph of this Article shall 
not be limited in time and may be invoked at any time. 
Where the applicability of the first paragraph of this 
Article is contested, the party claiming the application of 
the said paragraph shall have the burden of proving that 
the conditions of the paragraph are fulfilled or are ex.­
pected to be fulfilled. 
Inventive Step 
Art 9. An invention shall be deemed to go beyond the 
state of the art (to involve an inventive step) when it is 
the result of action that cannot obviously be deduced 
from the state of the art by a person skilled in the techni­
cal field concerned. 
Applicability in Industry 
Art. 10. An invention shall be regarded as being appli­
cable in industry where it is susceptible of being pro­
duced or used in any given field or industry, including 
agriculture. 
PART II 
RIGHT TO A PATENT, APPROPRIATION 
OF THE RIGHT AND NAMING 
OF THE INVENTOR 
Right to a Patent 
Art. I I. The right to a patent shall belong to the inven­
tor or to his successor in title and shall be transferable. Where an invention has been made jointly by two or 
more persons, the right to apply for a patent shall belong 
to them jointly unless they have agreed otherwise. 
Where an invention has been made independently by 
two or more persons at the same time, the right to a 
patent shall belong to the person who files the first appli­
cation or who can claim an earlier priority right than the 
others. 
The person who is the first to apply for a patent shall 
be invested with the right to apply for the patent until the 
contrary is proved. 
Appropriation of the Right to a Patent 
Art. 12. A person claiming to be properly invested 
with the right to apply for the patent in conformity with 
the first paragraph of Article 11 may initiate legal pro­
ceedings against the applicant in accordance with the 
provisions of Article 129. No action may be taken before 
the Institute to claim that the applicant is not the person 
properly invested with the right to apply for the patent. 
Where the court decision on the right to a patent is in 
favor of the plaintiff, the holder of the right to a patent 
may take one of the following courses of action within 
three months after the judgment has become res judi­
cata: 
(a) he may request that the prior patent application 
regarding which the court action for appropriation was 
brought be nevertheless accepted as his application and 
be further prosecuted as such; 
(b) he may file a new application for the same inven­
tion claiming the same date of priority; such an applica­
tion shall be prosecuted as of the filing date of the first 
application; in which case the allegedly appropriated ap­
plication shall remain without effect; 
(c) he may request that the allegedly appropriated ap­
plication be rejected. 
The provisions of the third paragraph of Article 4S of 
this Decree-Law shal1 apply to every new application 
filed under the first paragraph of this Article. 
Where a court action has' been 'instituted in accor­
dance with the first paragraph; above, to establish the 
right to a patent, the application may not be withdrawn 
without the consent of the plaintiff. The court shall order 
the suspension of the patent grant procedure from the 
date of publication of the application to the date on 
which the judgment becomes res judicata where the 
plaintiff's claim is rejected and, where the plaintiff's 
claim is accepted, for a period of up to three months fol­
lowing the date on which the judgment becomes res judi­
cata. 
Appropriation of a Patent 
Art. 13. Where a patent has been granted to a person 
other than the rightful owner according to the first para-IP /N/1/TUR/P /1 
Page 9 
graph of Article 11, the person claiming to be properly 
invested with the right to the patent may institute a court 
action claiming transfer of ownership of the patent, with­
out prejudice to any other rights and claims accruing to 
him by virtue of the patent. 
Where only a partial right to the patent is claimed, a 
court action may be instituted seeking recognition of 
joint ownership of the patent in accordance with the first 
paragraph of this Article. 
The right to assert claims and institute court actions 
under the first and second paragraphs of this Article shall 
be exercised within two years following the date of pub­
lication of the patent or, in cases of bad faith, up to the 
expiry of the term of protection of the patent. 
At the request of the interested party, a court action 
instituted in accordance with this Article and the claims 
made therein, and the final ruling or any other measure 
concluding the court action shall be entered in the Patent 
Register in order to be binding on third parties. 
Consequences of Termination of Appropriation 
Art. 14, Where the ownership of a patent changes pur­
suant to Article 13, any license granted or other rights 
accruing to third parties in virtue of the patent shall ex­
pire with the entry of the said change of ownership in the 
Patent Register. 
Where, prior to the entry of the rightful patent owner 
in the Patent Register in accordance with the first para­
graph of this Article, the person who is subsequently 
found to be the wrongful owner of the patent or a person 
who has been granted a license for the patent at issue pri­
or to the institution of the court action, has put the said 
patent to use or taken effective and definite steps to that 
end, that person may request the rightful patent owner or 
owners to grant him a non-exclusive license. 
Such a request may be filed within a period of two 
months in the case of the person appearing as the former 
owner in the Patent Register, or within a period of four 
months in the case of the licensee. The said periods shall 
run from the date on which the Institute notifies the inter­
ested parties of the date of the entry of the rightful patent 
owner in the Patent Register. 
A license granted under the second paragraph of this 
Article shall be gran ted for a reasonable period and 
under fair conditions. When such period and conditions 
are determined, the provisions concerning the grant of 
compulsory licenses shall apply by analogy. 
The provisions of the second and third paragraphs of 
this Article shall not apply where the owner of the patent or 
the licensee, on starting to work the patent or making seri­
ous preparations for such working, have acted in bad faith. 
Naming of the Inventor 
Art. 15. The name of the inventor shall be stated in the 
patent. The inventor shall have the right to request that IP/N/1/TUR/P/1 
Page 10 
the applicant or patentee name him as the inventor in the 
patent. 
PART III 
EMPLOYEE INVENTIONS 
Section I 
Employee Inventions 
Employee Inventions 
Art. 16. For the purposes of this Decree-Law, employ­
ee inventions are those inventions that qualify for protec­
tion under a patent or utility model certificate. 
Technical improvement proposals do not qualify for 
protection under a patent or a utility model certificate. 
For the purposes of this Decree-Law, an employee is 
a person who is in the service of another person and is 
responsible for carrying out the work specified by the 
employer, with personal liability towards the employer, 
in accordance with the provisions of a private legal con­
tract or legal relations of a similar nature. Trainees and 
students serving and undergoing practical training who 
are not receiving payment and are not bound to a specific 
work schedule are also considered employees for the 
purposes of this Decree-Law. 
Service Inventions and Free Inventiolls 
Art. 17. For the purposes of this Decree-Law, em­
ployee inventions are classified as either service inven­
tions or free inventions. 
Service inventions are those that are made by the em­
ployee in the course of his employment in a private 
enterprise or public authority while performing, by virtue 
of his obligations, the tasks assigned to him, or those that 
are based to a large extent on the experience and work of 
the said private enterprise or public authority. 
Employee inventions that do not conform to the defi­
nition of the inventions referred to in the second para­
graph, above, shall be deemed to be free inventions. Free 
inventions shall be subject to the provisions of Arti­
cles 31 and 32. 
Service Inventions and Obligation to Report 
Art. 18. An employee who has made a service inven­
tion is obliged to report the invention to his employer, in 
writing, without delay. Where the invention has been 
made by more than one employee, the report to the em­
ployer may be made jointly. The employer shall notify 
without delay, in writing, the persons who made such re­
port of the date on which it was received by him. 
In the report, the employee shall be required to dis­
close the technical problem, its solution and how the ser-vice invention was achieved. For the better understand­
ing of the invention, the employee shall provide the em­
ployer with the drawings of the invention, if there are 
any. 
The employee shall moreover specify the experience 
and work of the enterprise from which he has benefited; 
any contributions from other employees, the nature of 
those contributions, the instructions he received in con­
nection with his work and the contributions that he con­
siders to be his own. 
The employer shall, within two months from the date 
of receipt of the employee's report, inform the employee 
of the corrections that h.e considers should be made 
therein. Where the employer fails to request correction of 
the report within the said period of two months, the re­
port referred to in the second paragraph of this Artic le 
shall be deemed to be legally valid even where it fails to 
meet the prescribed conditions. 
The employer shall be under the obligation to provide 
the employee with such assistance as will enable him to 
report in compliance with this Decree-Law. 
Employer's Right to an Invention 
Art. 19. An employer may claim the right to all or part 
of a service invention. 
The employer shall notify the employee of his claim 
in writing. The claim must be made within four months 
of the date of receipt, by the employer, of the employee's 
report. 
Effect alld Consequences of the Claim 
Art. 20. Where the employer claims full ownership of 
the service invention, all rights in the said invention shall 
pass to him, subject to notification of the employee, in 
writing, of his declaration to that effect. 
Where the employer claims partial ownership of the 
service invention, he may use the invention on the basis 
of his partial claim. Should such use by the employer 
considerably impede the employee's further exploitation 
of his invention, the employee may request his employer, 
within a period of two months, either to assume full 
ownership of the service invention or to renounce it in 
his favor. 
Arrangements made by the employee in connection 
with a service invention before his employer makes a 
claim on it shall not be binding on the said employer 
where such arrangements infringe the rights of the em­
ployer. 
Service Inventions that Become Free Inventions 
Art. 21. A service invention shall become a free in­
vention in any of the following situations: (a) where the employer renounces his rights in the 
service invention in a written statement; 
(b) where the employer makes a partial claim on the 
service invention; 
(c) where the employer has not made a claim on the 
service invention within four months of receiving the re­
port of the employee according to Article 18, or has not 
responded within two months to the request made under 
the second paragraph of Article 20. 
The fact that an invention has become free under 
item (b) of the first paragraph of this Article shall not af­
fect the employer's right to make use of it under the sec­
ond paragraph of Article 20. 
Notwithstanding the provisions of Articles 31 and 32, 
the employee may freely dispose of a service invention 
that has become a free invention. 
Compensation Where Full Ownership Is Claimed 
Art. 22. Where the employer claims full ownership of 
the service invention, the employee shall have a claim 
against him for reasonable compensation. 
When compensation is calculated, due consideration 
shall in particular be given to the economic or commer­
cial applicability of the service invention, the duties of 
the employee within the enterprise and the enterprise's 
contribution to the invention. 
Compensation Where Partial Ownership Is Claimed 
Art. 23. Where the employer claims partial ownership 
of a service invention and uses the invention, the em­
ployee may demand reasonable compensation. When 
such compensation is calculated, the second paragraph 
of Article 22 shall apply. 
After having made his claim to a service invention, an 
employer may not avoid payment of the compensation by 
alleging that the invention is not worthy of protection. 
Where the Institute, or if a case is brought against the 
Institute the court, decides that the invention is not pat­
entable, the employee may /lot demand compensation. 
The employee's right to such compensation may be eXer­
cised until the decision on the patentability of the inven­
tion becomes res judicata. 
Calculation of Compensation in the Regulation 
and Arbitration Procedure 
Art. 24. The schedule of compensation for employee 
inventions and the arbitration procedure to be followed 
in caSes of disagreement shall be laid down in a Regula­
tion to be issued by the Ministry of Labor and Social Se­
curity within three months following the enactment of 
this Decree-Law and after the professional organizations 
of employees and employers have been consulted. IP /N/1/TUR/P /1 
Page 11 
Method of Calculating Compensation 
Art. 25. The amount and the mode of payment of com­
pensation shall be determined by the parties in accor­
dance with the provisions of the Regulation provided for 
in Article 24 after the employer has claimed full or par­
tial ownership of the service invention. 
Where the parties fail to reach an agreement on the 
amount of compensation and mode of payment within 
30 days in accordance w.ith the provisions of the Regula­
tion, the dispute shall be settled by arbitration within 
60 days. 
The arbitration decision shall be binding on both 
parties. 
Where two or more employees have contributed to a 
service invention, the amount of the compensation and 
mode of payment shall be determined separately for each 
of them in accordance with the above provision. 
Any relevant provisions in the employment contract 
that are favorable to the employee shall apply. 
Obligation on the Employer to Apply 
for a National Patent 
Art. 26. An employer is entitled and obliged to apply 
to the Institute for the grant of a national patent for a ser­
vice invention reported to him. Where protection of the 
invention with a utility model certificate appears more 
appropriate, the employer is obliged to file an applica­
tion for a utility model certificate without delay. 
The employer is not obliged to file such an applica­
tion in the following circumstances: 
I. where the service invention has become free; 
2. where the employee has agreed that no application 
should be filed; 
3. where the confidentiality of the operational secrets 
of the enterprise requires that no application be filed. 
Where, after claiming full ownership of a service 
invention, an employer does not comply with his obliga­
tion to file an application or fails to do so within a reason­
able time limit set by the employee, the employee may file 
an application with the Institute in respect of the service 
invention in the name and on behalf of the employer. 
Where a service invention has become free, the em­
ployee is entitled to file an application in his own name. 
Where the employer has already filed an application for 
the protection of the service invention, the rights deriv­
ing from that application shall pass to the employee 
when the invention becomes free. 
Filing an Application for a Service Invention 
in a Foreign Country 
Art. 27. On claiming full ownership of a service in­
vention, an employer is entitled to apply for protection .of 
the said invention in a foreign country. IP /NIl ITUR/P 11 
Page 12 
For foreign countries in which an employer does not 
wish to obtain a patent, he is obliged to renounce his 
rights in the service invention in favor of the employee, 
and shall enable the employee to apply for a patent in 
those countries. The invention shall be declared free 
within a reasonable time to allow the employee to benefit 
from the deadlines for priority rights under international 
treaties. 
The employer may reserve to himself a non-exclusive 
right to use the service invention against reasonable 
compensation in the foreign countries in which he has 
renounced his rights in order to enable the employee to 
obtain a patent for it, and shall have the right to claim 
protection for interests in the countries concerned. 
kfutual Rights and Obligations of the Parties 
During the Patent Grant Procedure 
Art. 28. On filing a patent application for a service 
invention, an employer shall give his employee copies of 
the application and its enclosures and, if so requested by 
him, shall keep his employee informed of the progress of 
the application procedure. 
The employee is obliged to assist his employer in ob­
taining a patent and provide the necessary information to 
that end. 
Obligations Deriving from a Patent 
Application or Patent 
Art. 29. Where an employer, before meeting his em­
ployee's claim of reasonable compensation for a service 
invention, intends to discontinue prosecuting a patent 
application or relinquish patent protection, he shall in­
form his employee accordingly. At the employee's re­
quest and expense, the employer shall assign the patent 
rights to him and turn over to him any documents neces­
sary for obtaining and maintaining a patent. The employ­
er shall be entitled to relinquish his rights under the 
patent application or patent where the employee does not 
reply within three months of receiving the communi­
cation made to him to that effect. 
At the same time as he makes the communication 
under the first paragraph, above, the employer may re­
serve to himself a non-exclusive right to use the service 
invention against reasonable compensation. 
Abstention from Filing a Patent Application 
Art. 30. Where the interests of the enterprise so dic­
tate, the employer may abstain from filing a patent appli­
cation for inventions reported to him that he believes to 
be legally patentable, and keep them secret. 
When the compensation for an invention under the 
first paragraph of this Article is determined, account 
shall also be taken of the potential economic losses or disadvantages that the employee might suffer as a result 
of not obtaining a patent for the invention. 
Free Inventions and Obligation to Notify 
Art. 31. An employee who has made a free invention 
during the term of an employment contract shall notifv 
his employer without delay. In the notification, the em'­
ployee shall give the employer all the details concerninl:! 
the invention, and if necessary concerning its realization-, 
which the employer may need in order to determine 
whether it is in fact a free invention. 
Where the employer does not contest, in writing, the 
employee's contention that the invention notified to him 
is a free invention within three months of the notifica­
tion, he may not thereafter claim that the. invention is a 
service invention. 
There shall be no obligation to notify the employer of 
a free invention where the invention is obviously not sus­
ceptible of use in the employer's field of activity. 
Obligation to Offer 
Art. 32. Before further exploiting a free invention in 
another way during the term of his employment contract, 
the employee is obliged to make his employer an offer, 
on a non-exclusive basis, to benefit from the invention 
on reasonable terms where the invention falls within the 
field of activity of the employer's enterprise, or where 
the employer's enterprise is making serious attempts to 
become active in the field of the invention. The employ­
ee may submit such offer together with the notification to 
be made in accordance with the provisions of the first 
paragraph of Article 31. 
Where the employer does not reply to the offer within 
three months of receiving it, he shall lose his right of pre­
cedence in the matter. 
Where the employer accepts the offer within the 
period specified in the preceding paragraph, but does not 
find the terms acceptable, the court shall determine the 
terms at the request of the parties. 
Where important changes occur and affect the condi­
tions that determined the amount and other aspects of the 
agreement, the employer of the employee may request 
the court to adapt the terms of the agreement to the new 
circumstances. 
Technical Improvement Proposals 
Art. 33. Pursuant to the provisions of this Decree­
Law, with respect to technical improvement proposals 
that are not eligible for protection by patent or utility 
model certificate, the employer is obliged to pay reason­
able compensation to the employee, provided that he 
makes use of the proposals notified to him by the said 
employee. The provisions of Article 18 on the obligation to report and Articles 22 and 25 on the calculation of 
compensation for service inventions shall apply by anal­
ogy. 
All other matters concerning technical improvement 
proposals shall be regulated by individual or collective 
employment contracts. 
Section 11 
Common Provisions on Employee Inventions 
Mandatory Nature of the Provisions on Employee 
Inventions' 
Art. 34. The provisions of this Decree-Law on em­
ployees may not be amended to their detriment. Agree­
ments concerning employee inventions shall be per­
missible, in the case of service inventions after a patent 
JPplication has been filed, and in the case of free inven­
tions and technical improvement proposals after notifi­
cation to the employer. 
Requirement of Compliance with Equity 
Art. 35. Agreements between the employer and em­
ployee concerning service inventions, free inventions or 
technical improvement proposals shall be null and void 
where they are manifestly inequitable, even if they do 
not violate the mandatory provisions pertaining to em­
ployee inventions. This rule shall apply also to the 
amount of compensation. 
Where objections regarding the equity of an agree­
ment or the amount of compensation are not raised in 
writing within six months following the termination of 
the employment contract, no such obligations may be 
raised thereafter. 
Obligation to Respect Secrecy 
Art. 36. An employer shall keep in confidence the in­
formation concerning an employee's invention that has 
been reported or notified to him for as long as the legiti­
mate interests of the employee so require. 
An employee shall keep a service invention secret for 
as long as it has not become free. 
Persons other than the employer or employee who 
have knowledge of an invention governed by this 
Decree-Law may neither use the invention nor disclose it 
to others. 
Effects of Obligations 
Art. 37. General obligations arising from the employ­
ment relations between the employer and employee shall 
not be affected by the provisions concerning employee IP/N/lITURlPIl 
Page 13 
inventions or technical improvement proposals unless 
further effects arise other than the invention becomin 0 
free. 0 
The rights and obligations arising from the provisions 
on employee inventions and technical improvement pro­
posals shall not be affected by the termination of em­
ployment relations. 
Employee's Right of Preemption 
Art. 38. Where the employer becomes insolvent and 
the receiver wishes to dispose of the invention indepen­
dently of the enterprise, the employee shall have a rignr 
of preemption to acquire his own service inventions in 
respect of which the employer has claimed full owner­
ship. 
Amounts of compensation due on account of em­
ployee inventions or technical improvement proposals 
shall be considered privileged claims. Where there are 
two or more such privileged claims, the receiver shall al­
locate such amounts pro rala. 
Section III 
Inventions Made by Employees in Public Service 
/Ill'entions and Technical Improvement Proposals of 
Employees in Public Service 
Art. 39. The provisions applying to the inventions anc 
technical improvement proposals of employees subjec: 
to private contractual relations shall also apply, withouc 
prejudice to the privately agreed terms, to the inventions 
and technical improvement proposals of those employed 
in State-owned enterprises and other public establish­
ments and their affiliates, whether with general, addi­
tional or special budgets. 
Inventions of Armed Forces Personnel 
Art. 40. The provisions relating to employees in pub­
lic service shall apply likewise to inventions and techni­
cal improvement proposals made by members of the 
armed forces. 
Inventions of University Staff 
Art. 41. Notwithstanding the provisions of Articles 39 
and 40, inventions made by the teaching staff of univer­
sities in the course of their scientific studies at universi­
ties or schools of higher education shall be free 
inventions. 
The provisions of Articles 31, 32 and 34 shall not ap­
ply to such inventions. The notion of university teaching 
staff shall be determined according to the provisions of 
the Law on Higher Education. IP/N/lITUR/PIl 
Page 14 
Where the relevant educational body has made spe­
cific equipment and means available for the research 
work that has led to the invention, the university teach­
ing staff shall notify the educational body, in writing, of 
the exploitation of the invention and shall, at the request 
of the body, specify the manner of exploitation and the 
amount of proceeds realized. Within three months of 
such written notification, the educational body may de­
mand a reasonable share of the proceeds from the inven­
tion. The amount of such share shall not however exceed 
the ex'penses borne by the body. 
PARTlY 
GRANT OF PATENTS 
Section I 
Application for a Patent and 
Application Requirements 
Application for a Patent and Enclosures 
Art. 42. In order to obtain a patent, it is necessary to 
file an application, the form and content of which shall 
be determined by the Regulations and which shall com­
prise the following: 
(a) the written application; 
(h) a description of the subject matter of the inven­
tion; 
(c) a claim or claims covering the elements of the in­
vention for which protection is sought; 
(d) the drawings referred to in the description, claim 
or claims; 
(e) an abstract; 
(f) a receipt attesting payment of the application fee. 
Where a patent of addition is applied for under Arti-
cle 121, the number of the main patent or patent applica­
tion to which the addition refers shall be given. 
The validity of a patent application shall be subject to 
payment of the application fee prescribed in this Decree­
Law within seven days, at the latest, from the filing date 
of the application, without it being necessary to give the 
applicant any further notice to that end. The application 
shall be deemed withdrawn where the application fee is 
not paid by the said time limit. 
Any documents submitted to the Institute on the filing 
of the application or thereafter shall conform to the pro­
visions of the Regulations under this Decree-Law. 
The description and claims may be filed in English, 
French or German at the same time as the application. A 
term of one month shall be allowed for their translation 
into Turkish and the filing of the Turkish translation with 
the Institute or an authority designated by it, without it 
being necessary to give the applicant any further notice 
to that end. The fee specified in the Regulations shall be 
paid for the filing of the Turkish translation. Determination of the Filing Date 
Art. 43. The filing date of the patent application shall 
be the date, hour and minute when the applicant files 
with the Turkish Patent Institute, or the authority desig­
nated by it, the following documents, drawn up in the 
form specified in the Regulations: 
(a) an application, a description and one or more 
claims in Turkish or in one of the foreign languages 
specified in Article 42, even where they do not meet the 
formal requirements set forth in this Decree-Law and in 
the Regulations; 
(b) drawings referred to in the description, claim Oj 
claims. 
Where, in the course of the examination of the paten, 
application, the subject matter of the invention for which 
a patent is sought is changed, either entirely or in part, in 
such a way that the contents of the application as initially 
filed are broadened, the date on which the request for the 
said change is filed shall be deemed the application date. 
Obligation to Name the Inventor in the Application 
Art. 44. The inventor shall be named in the applica­
tion. Where the applicant is not the inventor or not the 
sole inventor, the applicant shall state in the application 
how he acquired the right to apply for a patent from the 
inventor or inventors. 
Where the inventor is not named or no statement is 
made on the way in which the applicant acquired the 
right to apply for a patent, examination of the application 
shall not start. 
Unity of [m'el/tion 
Art. 45. The patent application shall relate to a single 
invention or a number of inventions that share a principal 
inventive idea of general character and are connected by 
that principal inventive idea. 
Applications not conforming to the first paragraph of 
this Article shall be divided into divisional applications 
in accord~nce with the provisions set forth in the Regul a­
tions. 
Each divisional application shall have the same filing 
date as the initial application, provided that its subject 
matter remains within the scope thereof. Where priority 
is claimed for the initial application, each divisional ap­
plication shall benefit from the priority right or rights so 
claimed. 
Explicitness of the Description 
Art. 46. The description shall be written in sufficiently 
explicit and comprehensive terms for a person skilled in 
the technical field concerned to carry out the invention. Where the invention relates to a microbiological pro­
cess and the related microorganism is not accessible to 
interested parties, the description shall be deemed to 
meet the requirements specified in the first paragraph of 
this Article if the following conditions are fulfilled: 
(a) the description contains information regarding the 
characteristics of the microorganism; 
(b) the applicant has deposited, no later than on the 
filing date of the application, a culture. of the microor­
ganism with an authorized institution established in ac­
cordance with international conventions. 
The said institution shall be mentioned in the publica­
tion provided for in the second par'agraph of Article SS. 
Patent Claims 
Art. 47. The application shall contain one or more 
~Iaims. 
The claims shall define the features of the invention 
for which protection is sought. Each claim shall be ex­
plicit, concise and to the point. The claims shall be based 
on the application. The claims may not extend beyond 
the subject matter of the invention as specified in the de­
scription. The claims shall be drawn up according to the 
provisions of the Regulations. 
The applicant may. however. write the claims either 
in compliance with the provisions of the Regulations or 
in another form. 
Abstract 
Art. 48. The abstract shall serve solely to provide 
technical information. and may not be used for other pur­
poses. 
In particular. the abstract may not be used to define 
the scope of protection or to demarcate the boundaries of 
the state of the art. The Institute may amend the abstract 
where it considers amendment necessary for the better 
1formation of third parties. The amendment shall be no­
(ified to the applicant. 
Priority Rights Arising from Applications 
Filed Under International Conventions 
Art. 49. Natural or legal persons who are nationals of 
any State party to the Paris Convention or. if not nation­
als, who are domiciled or ha'{e an active business in such 
a State shall enjoy a right of priority of 12 months from 
the filing date of an application for the grant of a patent 
or utility model certificate with the authorized bodies of 
that State for the filing of an application for a patent or 
utility model certificate in Turkey. 
Priority rights not exercised within the l2-month time 
limit prescribed in the first paragraph of this Article shall 
be considered void. IP/N/1/TUR/P/l 
Page 15 
Where an application claiming priority is filed within 
the time limit prescribed in the first paragraph of this 
Article, all applications filed by third parties and patents 
and utility model certificates granted thereon shall be 
declared invalid as from the date of priority. 
Natural or legal persons who are nationals of coun­
tries benefiting from the reciprocity principle provided 
for in the second paragraph of Article 2 shall enjoy the 
right of priority according to the provisions of this Arti­
cle. 
Where a natural or legal person who is a national of a 
State party to the Paris Convention has filed a valid ap­
plication in a State not party to the Paris Convention. he 
shall enjoy the right of priority under the provisions of 
this Article in respect of that application. 
The right of priority shall have effect as from the fil­
ing date of the application for a patent or utility model 
certificate. 
Priority Rights Arising from Display 
at Exhibitions 
Art. 50. Natural or legal persons within the meaning 
of the first paragraph of Article 49 who have displayed 
prod ucts covered by a patent or a utility model certificate 
at national or international exhibitions held in Turkey, or 
at official or officially recognized national or interna­
tional exhibitions held in States party to the Paris Con­
vention are entitled to claim a right of priority provided 
that the application for a patent or utility model certifi· 
cate is filed within a period of 12 months from the date of 
display at the exhibition. 
\Vhere the product forming the subject matter of a 
patent or utility model certificate has been displayed at 
the exhibition before the official opening date, the right 
of priority shall run from the date when the product was 
first so displayed. The second and third paragraphs of 
Article 49 shall apply by analogy. 
The organizers of exhibitions held in Turkey within 
the meaning of the first paragraph of this Article shall 
issue a document to exhibitors identifying their products 
clearly and in full detail. including at least four photo­
graphs showing them from the side. the front, behind and 
below. and specifying the type of product and the date on 
which it was first displayed at the exhibition, and the of­
ficial opening date of the exhibition. 
In order to enjoy the right of priority in relation to a 
product exhibited in foreign countries. it shall be neces­
sary to submit the evidence specified in the third para­
graph, above, which shall have been obtained from the 
relevant authorities of the country in which the exhibi­
tion was held. 
A product for which a patent or utility model applica­
tion has been filed or a patent or a utility model certifi­
cate granted may not be prevented from being displayed 
at an exhibition held in Turkey and returned to its coun­
try of origin after the close of the exhibition. IP/N/1/TUR/P/1 
Page 16 
Where more than one application has been filed for a 
patent or a utility model certificate for subject matter 
identical or similar to a product displayed in an exhibi­
tion, the applicant who first displayed the product or, if 
both or all of the exhibitors displayed it at the same time, 
the one who filed his application first, shall enjoy the 
right of priority. 
Effect of Priority Rights 
Art. 51. The priority rights under Articles 49 and 50 
shall have effect as from the filing date of the application 
in which priority is claimed. 
Claiming and Evidencing of Priority 
Art. 52. An applicant wishing to avail himself of a 
right of priority shall file a claim of priority together with 
his application or within two months from the filing date 
of his application. Where the priority claim is not sub­
stantiated within three months of the filing date of the 
application, it shall be deemed not to have been made. 
Multiple priorities may be claimed for a patent appli­
cation fi led in a foreign country regardless of the fact 
that the same application has been filed in several such 
countries. 
Multiple priorities may be claimed for one and the 
same patent application. Where multiple priorities are 
claimed, the time limit shall run from the earliest priority 
date. Where one or more than one priority is claimed, the 
scope of the rights of priority shall be determined by the 
application or applications the priority of which is 
claimed. 
Even where the claims of the application on which the 
priority claim is based do not include certain features of 
the invention covered by the application claiming the 
priority thereof, the priority right may still be granted for 
those claims provided that the said features are expressly 
and unequivocally included in the description of the ap­
plication on which the priority claim is based. 
Section II 
Examination of the Application 
Rejection of all Application 
Art. 53. The filing date of an application shall become 
definite provided that the application complies with the 
conditions set forth in Article 43, and provided also that 
the application fee is paid. The Institute shall reject an 
application and notify the interested party accordingly 
where the application does not meet the conditions set 
forth in Article 43, where the application fee is not paid 
within seven days or where Turkish translations of the 
description and claims submitted in one of the foreign languages mentioned in Article 42 are not filed within 
the following month. 
Examination as to Form 
Art. 54. When the filing date of an application has 
become definite, the Institute shall examine the applica­
tion for compliance with the requirements of form set 
forth in Articles 42 to 52 and in the Regulations. 
,The compliance of the specification, claims and 
drawing with the patentability requirements shall not fall 
within the scope of this examination. The Institute shall 
examine the subject matter of the application, in the light 
of Articles 6 and ID of this Decree-Law, to determine 
whether or not it constitutes a patentable invention and is 
applicable in industry. The Institute shall, after having 
heard the applicant, reject the application, stating the 
reasons for its decision, when the invention in respect of 
which it is filed obviously and indisputably lacks novelty 
and industrial applicability. 
Where the examination finding is that the application 
has defects of form within the meaning of Article 53, or 
that its subject matter is not a patentable invention, the 
examination procedure shall be suspended and the appli­
cant requested to remedy the defects or communicate his 
objections to the Institute within the period prescribed by 
the Regulations. 
In the course of this procedure, the applicant may 
amend the claims or divide the application into two or 
more divisional applications. 
The Institute shall reject the application entirely or in 
part when it does not find acceptable the objections 
raised against its decision that the subject matter of the 
application is not a patentable invention, or when a re­
ported deficiency has not been remedied pursuant to the 
conditions and requirements of form laid down in the 
Regulations. 
Where the examination conducted by the Institute 
under this Article shows that there is no deficiency as to 
form, or when any such deficiency has been duly reme­
died and completed pursuant to the requirements of this 
Decree-Law, the Institute shall inform the applicant that 
the request for the conduct of a state-of-the-art search, if 
not filed earlier, is to be filed within the time limit spec­
ified in Article 56. 
Publication of the Application 
Art. 55. The application shall be open to public in­
spection on publication as provided in the Regulations 
after 18 months have elapsed from the filing date of the 
application, or from the date of any priority claimed. The 
application shall be published after the completion by 
the Institute of the examination for compliance with for­
mal requirements under Article 54 and after the filing 
under Article 56 of the request for the conduct of a state­
of-the-art search. Applications shall be published periodically in the 
relevant Bulletin, with all their particulars, in the form 
and subject to the conditions laid down in the Regula­
tions. 
At the request of the applicant, the application shall 
be published as provided in this Article even when the 
period of 18 months mentioned in the first paragraph 
thereof has not expired. 
Request for the Conduct of the State-of-the-Art Search 
and Payment of the Search Fee 
Art. 56. Within 15 months from the filing date of the 
application, the applicant shall file a request with the In­
stitute for the conduct of a search of the state of the art 
and shall pay the appropriate fee. 
Where priority is claimed, the said period shall be cal­
culated from the date of priority. 
Where the period prescribed in the first paragraph of 
this Article has already expired when the notification 
under the sixth paragraph of Article 54 is made, the ap­
plicant shall file the request for the conduct of the state­
of-the-art search within the month following such 
notification. 
Where the applicant does not file the request for the 
conduct of the state-of-the-art search as provided in this 
Article, the application shall be deemed withdrawn. 
The conduct of the state-of-the-art search in respect 
of an application for a patent of addition may only be 
requested when the request is filed together with the ap­
plication for the main patent, or when a search has al­
ready been conducted or requested in relation to previous 
appl ications for patents of addition. The provisions of 
the first and fourth paragraphs of this Article shall apply 
also to patents of addition. 
Drawing LIp, Notification and PlIblication of the 
State-of-the-Art Search Report 
Art. 57. The Institute shall conduct the state-of-the-art 
search after having examined the application in accor­
dance with the provisions of Article 54, and on receipt of 
the request, filed by the applicant under Article 56, for 
the conduct of the state-of-the-art search. 
The search report shall include the elements of the 
state of the art to be considered in the assessment of the 
novelty and inventive step characteristics of the inven­
tion forming the subject matter of the application. 
The search report shall be,drawn up, in the light of the 
specification, the drawings if any and the claims by the 
Institute or by the search authority designated by the In­
stitute from among internationally recognized search 
authorities. 
The search report shall be notified to the applicant af­
ter it has been drawn up. The copies of the reference pat­
ents and publications cited in the search report shall be 
sent to the applicant together with the report. IPINIlITURlPI 1 
Page 17 
Following its notification to the applicant, the search 
report shall be published by the Institute after the three­
month period accorded to the applicant under Article S9 
has elapsed. 
Of the systems for the grant of patents with or without 
substantive examination, the one that the applicant has 
chosen shall be published in the Bulletin in which the 
state-of-the-art search report is published. 
If, when the search report is drawn up. the patent ap­
plication has not yet been published, the search report 
shall be published together with the patent application. 
impossibility of Drawing up Search Report 
for Reasons of Deficiency 
Art. 58. Where lack of sufficient explicitness in the 
description or claims prevents the drawing up of the 
search report on the state of the art either in full or in 
part, the Institute shall ask the applicant to remedy the 
deficiency. Where the deficiency is not remedied by the 
applicant by the time limit laid down in the Regulations. 
the Institute shall notify the applicant of its decision that 
the search report cannot be drawn up, and shall inform 
him of his right to object. In the case of partial deficien­
cy. the search report shall be drawn up for those claims 
that are sufficiently explicit. 
Choice of the Substantive Examination System 
Art. 59. The applicant shall declare to the Institute, 
within three months following the notification to him of 
the search report, that he has opted for the system of 
patent grant with substantive examination, in order that 
the Institute may examine the application in relation to 
the patentability requirements pursuant to the provisions 
of Article 62. Where no such declaration is made by the 
said time limit, the system of patent grant without sub­
stantive examination shall be deemed to have been 
chosen. 
Section In 
System of Patent Grant 
Without Substantive Examination 
Patent Grant Without Substantive Examination 
Art. 60. Third parties may submit observations on the 
contents of the search report to the Institute within six 
months from the date of publication thereof in the form 
prescribed in the Regulations, enclosing the relevant 
documents. 
On expiry of the period during which third parties 
may submit their observations on the search report, the 
Institute shall communicate to the applicant such written 
observations on the search report as it has received, IP /NI lITUR/PI 1 
Page 18 
together with the substantiating documents submitted by 
third parties. 
The applicant may, within three months of the date of 
communication to him of the observations made by third 
parties under the second paragraph of this Article, make 
such observations on the search report as he deems rele­
vant in response to the observations of third parties, and 
may, if he deems it necessary, amend the claims. 
The Institute may, on expiry of the period within 
which the applicant may submit his observations on the 
state-of-the-art search report drawn up under Article 57, 
decide to grant the patent without substantive examina­
tion and without taking into consideration the state-of­
the-art search report or any third-party observations 
thereon. 
On payment of the prescribed fees according to the 
decision reached, the Institute shall issue the patent for a 
term of seven years and shall publish the issue thereof in 
the relevant Bulletin. 
The documents pertaining to the patent and the state­
of-the-art search report, and also the observations sub­
mitted by third parties on the said report, shall be open to 
public inspection. Any amendments to the claim shall 
likewise be open to public inspection, with the date of 
the amendment mentioned. 
The State shall not guarantee the validity and useful­
ness of the subject matter of a patent that has been grant­
ed without substantive examination. Later substantive 
examination of a patent granted without substantive ex­
amination shall require the filing of a request to that ef­
fect. Such a request shall be filed by the patentee or by 
third parties within not more than seven years from the 
filing date of the application. The substantive examina­
tion fee shall be paid by the party who filed the request 
for the examination. 
Where the request for substantive examination is not 
filed within seven years from the date of filing, the right 
to a patent shall lapse. No request for substantive exami­
nation may be filed after the seven-year period has ex­
pired. 
The provisions of Article 62 on the grant of a patent 
with substantive examination shall apply where a request 
for such examination is filed within not more than seven 
years from the fil ing date of the application. In order to 
permit third-party objections regarding compliance with 
patentability requirements as provided in the second 
paragraph of Article 62, the request for substantive ex­
amination filed in relation to a patent granted without 
substantive examination shall be published in the rele­
vant Bulletin. 
Publication ond Printing of a Patent Granted 
Without Substantive Examinatioll 
Art. 61. The grant of a patent shall be published in the 
relevant Bulletin. The publication shall include the fol­
lowing particulars: (a) the patent number; 
(b) the classification code or codes of the invention; 
(c) the title describing the subject matter of the in-
vention; 
(d) the name, nationality and domicile of the paten­
tee; 
(e) the abstract; 
(/) the number and date of the issue or issues of the 
Bulletin in which the patent application and any amend­
ments to the application were publ ished; 
(g) the date of issue of the patent; 
(h) a mention of the possibility of inspecting the doc­
umentation concerning the patent, the search report and 
the observations thereon submitted by third parties, and 
any rebuttals made by the applicant; 
(i) a mention that the patent has been granted without 
substantive examination. 
Every patent shall be printed by the Institute in the 
form of a pamphlet and distributed on request. Printing 
may be carried out by reprographic means where neces­
sary. 
In addition to the particulars mentioned in the first 
paragraph of this Article, every pamphlet shall contain 
the description, the claims and the drawings in their en­
tirety, and also the full text of the state-of-the-art search 
report and the issue number of the Bulletin in which the 
decision to grant the patent without substantive examina­
tion was published. 
Section IV 
System of Patent Grant with 
Substantive Examination 
Patent Grant with Sllbstonti\'e Examination 
Art. 62. The provisions of Articles 42 to 58 on the fil­
ing of the patent application and the requirements there­
for and on the examination of the application as to form 
shall apply also to the system of patent grant with sub­
stantive examination. 
Within six months following the publication of the 
state-of-the-art search report, third parties may, in the 
form laid down in the Regulations, file objections to the 
grant of the patent, alleging non-compliance with the 
patentability requirements, including lack of novelty or 
inventive step, or the inadequacy of the description. 
Documentary evidence in support of the allegation shall 
be enclosed with the objections, which shall be made in 
writing. 
Within six months following the publication of the 
state-of-the-art search report, the applicant wishing to 
obtain a patent with substantive examination shall re­
quest the Institute to conduct the examination to deter­
mine whether the subject matter of the invention is 
comprehensively described and whether the invention is 
novel and involves an inventive step. The conduct of the examination shall be subject to prior expiry of the period 
of six months for third-party objections and payment of 
the examination fee provided for in the Regulations. The 
examination fee may be paid at any time during the 
period specified in the second paragraph of this Article. 
When objections are raised by third parties under the 
second paragraph of this Article, all such objections and 
the evidence in support of them shall be immediately no­
tified to the applicant. The applicant may respond to the 
objections raised within three months following the ex­
piry of the period allowed for raising objections, or with­
in the period extending such term for three additional 
months if requested, or may submit reasons in support of 
his response with a view to removing the objections 
raised, or again if he deems it necessary, may amend the 
description, the drawings and the claims. 
The Institute shall initiate the examination for com­
pliance with the patentability requirements after the ex­
piry of the time limit specified in the fourth paragraph of 
this Article. Failure by the applicant to respond to the 
objections raised within the prescribed time limit shall 
not delay the initiation of the examination. 
After having examined the application, the Institute 
shall decide on whether the application has deficiencies 
or meets the patentability requirements. It shall substan­
tiate its decision by citing the grounds therefor. The In­
stitute shall confine its examination to the content of the 
claims. 
The Institute shall communicate to the applicant the 
examination report that it has drawn up on whether the 
application has deficiencies or does not meet the patent­
ability requirements, citing the grounds on which it is 
based, and shall allow the applicant six months within 
which to rectify ,the deficiency, amend the claims or ob­
ject to the report. 
The applicant may submit substantiated observations 
with a view to removing the unfavorable opinions ex­
pressed by the Institute in its examination report, and 
may amend the application if he deems it necessary. 
The Institute shall examine the observations made by 
the applicant and any amendments made to the applica­
tion. Where the Institute decides that the adverse findings 
of the examination report are to be upheld, it shall notify 
the applicant accordingly, stating the grounds therefor, 
and shall allow the applicant a period of three months 
within which to submit his opinions to the contrary. 
The applicant may, at that stage of the examination, 
submit his observations with a view to overcoming the 
adverse findings, and may amend the application if he 
deems it necessary. 
The Institute shall reach its final decision after exam­
ining the applicant's observations and amendments 
made to the application. The decision of the Institute 
may be to grant the patent for all or part of the claims. 
Where, on examination, the Institute finds that the 
application meets the patentability requirements and that 
no objections have been raised, it shall decide to grant 
the patent and shall notify the applicant accordingly. IP /NI IITUR/P 11 
Page 19 
On payment of the prescribed fees according to the 
decision reached, the Institute shall issue the patent ap-
plied for. . 
Under the system of patent grant with substantive ex­
amination, the State shall not guarantee the validity and 
usefulness of the subject matter of the patent granted. 
Publication and Printing of a Patent 
Granted with Substantive Examination 
Art. 63. The grant of a patent shall be published in the 
relevant Bulletin. This publication shall include the fol­
lowing particulars: 
(a) the patent number; 
(b) the classification code or codes of the invention; 
(c) the title describing the subject matter of the in-
vention; 
(d) the name, nationality and domicile of the paten­
tee; 
(e) the abstract; 
(f) the number and date of the issue or issues of the 
Bulletin in which the patent application and any amend­
ments to the application were published; 
(g) the date of issue of the patent; 
(h) the possibility of inspecting the documentation 
concerning the patent, the search report and the decision 
of the Institute on the substantive examination, showing 
its findings on the novelty and inventive step characteris­
tics and on the adequacy of the description and any ob­
jections raised in the course of the examination; 
(i) a mention that the patent has been granted follow­
ing a substantive examination of novelty and inventive 
step. 
Every patent shall be printed by the Institute in the 
form of a pamphlet and distributed on request. Printing 
may be carried out by reprographic means where neces­
sary. 
In addition to the particulars mentioned in the first 
paragraph of this Article, every pamphlet shall contain 
the description, the claims and drawings in their entirety, 
and also the full text of the state-of-the-art search report 
and the issue number of the Bulletin in which the deci­
sion to grant the patent was published. 
Section V 
Formal Patent Application Procedure 
Amendment of Claims 
Art. 64. With the exception of the rectification of ob­
vious errors such as spelling errors, or the submission of 
the' wrong documents, the claims may be amended only 
in the course of the grant procedure and only where this 
Decree-Law specifically permits such amendment. IP /NI lITUR/P 11 
Page 20 
The applicant may amend the claims as provided in 
the preceding paragraph without having to obtain the 
consent of persons holding rights in the application that 
are entered in the Patent Register. 
The scope of the application may not be broadened by 
amendment of the claims. 
Converting a Patent Application into a 
Utility Model Application 
Art. 65. The applicant may request that the subject 
matter of the application be protected by the grant of a 
utility model certificate, provided that he complies with 
the conditions set forth in the following subparagraphs: 
(a) where a patent is to be granted without substan­
tive examination, the request may be filed up to the expi­
ry of the period allowed under the first paragraph of 
Article 60 for submitting observations on the search re­
port; 
(b) where a patent is to be granted with substantive 
examination, the request may be filed up to the expiry of 
the period allowed under the fourth paragraph of Arti­
cle 62 for filing observations and objections in response 
to the substantive examination conducted by the 
Institute. 
Protection of the subject matter of the patent applica­
tion by the grant of a utility model certificate, following 
a request for conversion, shall take effect on the filing 
date of the original patent application, with the benefit of 
any priority that may have been claimed in the said orig­
inal application. 
Following the examination as to form conducted 
under Article 54, the Institute may propose to the appli­
cant that the application be converted with a view to the 
issue of a utility model certificate. The applicant shall be 
free to accept or reject such proposal. Where, in response 
to the said proposal by the Institute, the applicant does 
not specifically request conversion, the proposal shall be 
deemed to have been rejected, in which case, the proce­
dure for the grant of a patent in respect of the subject 
matter of the application shall continue. 
Where the application does file a conversion request 
for the grant of a utility model certificate instead of a 
patent, the Institute shall notify the applicant that the ap­
plication will be further prosecuted as an application for 
a utility model certificate and shall inform him of the 
documents that have to be submitted to that end within 
the period laid down in the Regulations. 
Where the applicant fails to submit the documents re­
quested within the said period, the request for conversion 
shall be deemed not to have been made and the applica­
tion shall be further prosecuted as a patent. 
A decision of the Institute agreeing to convert the ap­
plication that is reached after the publication of the 
patent application shall be published in the relevant Bul­
letin. Withdrawal of an Application 
Art. 66. A patent application may be withdrawn by the 
applicant at any time before the patent is granted. 
Where third parties have rights in a patent application 
that are entered in the Patent Register, the application 
may not be withdrawn without the consent of the holders 
of such rights. 
Conditions Governing inspection of 
Patent Application Files 
Art. 67. The files of patent applications that have not 
yet been published may not be inspected by third parties 
without the written consent of the applicant. 
Third parties who can prove that the applicant intends 
to enforce the rights deriving from his patent application 
against them may inspect the file of the patent applica­
tion that has not yet been published without the consent 
of the applicant. 
Where a divisional application filed under Article 45, 
an application filed for a second time under Article 12 or an 
application converted under Article 65 is published, the 
file of the original application may be inspected by third 
parties before publication without the applicant's consent. 
After publication of a patent application, the file con­
cerning the application or the patent may be inspected 
subject to the limitations set forth in the Regulations. 
The files concerning patent applications that have 
been refused or withdrawn before publication may not be 
inspected by third parties. 
Filing a Withdrawn Applicalionfor a Second Time 
Art. 68. Where a patent application published under 
Article 55 is withdrawn, a new patent application may 
not be filed for the same invention. 
Where a patent that has not been published under Ar­
ticle 55 is withdrawn, the original applicant may file a 
new patent application for the same invention, provided 
that the protection shall run from the latest filing date of 
the application. 
Obligation to Specify the Number 
of a Patent Application or Patent 
Art. 69. Any person who wishes to enforce his rights 
under a patent application or patent against third parties 
is obliged to communicate the number of the patent ap­
plication or patent concerned to those third parties. 
Where statements appearing on a product, its labels 
or its packaging or in any kind of promotional material, 
advertisement or printed matter give the impression that 
protection under a patent application or patent exists, the 
person making such statements is obliged to give the 
number of the patent application or patent. Section VI 
Objections to Deficiencies of Form During 
the Patent Grant Procedure Raised After 
the Grant of the Patent 
Objections to Deficiencies of Form 
Art. 70. With the exception of the provisions of Arti­
cle 45 on unity of invention, third parties shall be entitled 
to raise objections to the grant of a patent on grounds of 
deficiencies of form in the procedural requirements un­
der Articles 42 to 63. Third parties wishing to raise such 
objections need not previollsly have filed observations 
on the state-of-the-art search report or raised objections 
under the system of patent grant with substantive exami­
nation. 
Lack of novelty or inventive step of a patent granted 
without substantive examination may not be the subject 
of such objections. 
Effect of the Objection to Deficiencies of Form 
Art. 71. With the exception of the matter of unity of 
invention, where the Institute has failed, in the course 
of the examination, to observe one of the requirements of 
form of the patent grant procedure, or where it has omit­
ted to perform an essential act in the course of the grant 
procedure, the Institute's decision to rectify such defi­
ciency in response to the objection raised shall have the 
effect of retroactively cancelling administrative acts as­
sociated with the patent grant to the procedural stage at 
which the omission concerned occurred, and to resume 
the procedure as from that stage so that all subsequent 
acts are performed again. 
PART V 
PROVISIONS ON RIGHTS UNDER A PATENT 
Term of the Patent 
Art. 72. The term of a patent granted with substantive 
examination shall be a non-renewable period of 20 years 
from the filing date of the application. 
The term of a patent granted without substantive ex­
amination shall be seven years. Where the substantive 
examination request is made, within the said period of 
seven years and the patent is granted after such substan­
tive examination has been conducted, the term of the 
patent shall be extended to 20 years from the filing date 
of the application. 
Scope of Rights Under a Patent 
Art. 73. The holder of a patent shall benefit from the 
rights under it regardless of the place of the invention, the IP /NI lITURIP 11 
Page 21 
field of technology concerned and whether the products 
covered are imported or produced within the country. 
The holder of a patent is entitled to prevent the fol­
lowing acts performed by third parties without his per­
mission: 
(a) production, sale, use or importation of patented 
products, or stocking for purposes other than personal 
needs; 
(b) use of the process to which the patent relates; 
(c) offers made to others for the use of a patented pro­
cess where such use is known or should be known to be 
prohibited; 
(d) placing on sale, making use or importation, or 
stocking for any purpose other than personal needs, of 
products directly obtained by the patented process. 
Article 73A Pertaining to "Penalties and Fines" 
Added to Decree-Law No. 551 on the Enactment 
of Law No. 4128 as of November 7.1995 
Art. 73A .-( a) Persons who make false statements 
under Article 44, or who remove without authority the 
notice of patent rights properly placed on a product or on 
its packaging, or who falsely present themselves as the 
owners of the rights in a patent application or patent shall 
be sentenced to imprisonment for a term of between one 
and two years and to a fine of between 300 million and 
600 million liras. 
(b) Persons who improperly and without authority, 
including those who should have known that they had no 
right to perform such acts, transfer the patent, deposit it 
as security or take any other such action in relation to it 
with a view to exercising anyone of the rights of trans­
fer, use as security and attachment, and other such rights 
provided for in Article 86, who transfer to another person 
a license relating to such rights, and who affix signs on a 
product produced or placed on sale by themselves or by 
others, or on its packaging or in business documents or 
advertising material in such a way as to convey the im­
pression that a relationship exists with a protected 
patent, or who to the same end use written matter, signs 
or expressions in newspapers, advertisements and com­
mercials without being the rightful owners of the patent­
ed inventions, or who do the foregoing after the expiry of 
the term of protection of the patent or after invalidation 
or termination of the patent on grounds specified in Arti­
cle 129 or 133 shall be sentenced to imprisonment for a 
term of between two and three years and to a fine of be­
tween 600 million and 1 billion liras. 
(c) Those who have committed any of the offenses 
specified in Article 139 shall be sentenced to imprison­
ment for a term of between two and four years and to a 
fine of between 600 million and 1 billion liras, in addi­
tion to which the judgment shall order the closure of the 
premises of their undertaking for a period of not less than 
one year, during which time they shall also be prevented 
from practicing any commercial activity. IP INIl/TUR/P 11 
Page 22 
Where the offenses specified above are committed by 
persons working in the undertaking, either on their own 
initiative or on instructions given them in the course of 
their duties, the staff and the owner or manager or their 
representative or the person who in effect manages the 
undertaking, in whatever capacity and on whatever au­
thority, who have not prevented the offense shall be pun­
ished in the same manner. Where the offenses specified 
in Article 136 have been committed in the performance 
of tasks on behalf of a legal entity, the legal entity shall 
be jointly liable for the expenses and for the fine. For 
accomplices, depending on the nature of the act, the pro­
visions of Articles 64, 65, 66 and 67 of the Turkish Penal 
Code shall apply. Prosecution for the offenses specified 
above shall take place on a complaint. Subparagraph 8 of 
paragraph I of Article 344 of the Criminal Procedure 
Code No. 1412 shall not apply to the implementation of 
the provisions of this Article. The right of complaint 
shall belong to the person whose patent rights have been 
infringed, and also to the Institute, for all offenses with 
the exception of those provided for in Article 136; it 
shall belong to consumer associations and to establish­
ments governed by Laws Nos. 5590 or 507 for false 
statements under Article 44 as to the true identity of the 
holder of the patent rights, and for the affixing of signs 
on a product produced and placed on sale, by oneself or 
by others, or on its packaging or in business documents 
or promotional material in such a way as to convey the 
impression that a relationship exists with a protected 
patent, or for the use to the same end of written matter, 
signs or expressions in advertisements and commercials 
in the published and visual media without the person 
concerned being the rightful owner of the patent, or for 
such acts performed after the expiry of the term of pro­
tection of the patent or after invalidation or termination 
of the patent. Proceedings against such offending acts 
shall be made within two years of the date on which the 
offending act and the offender became known. 
Complaints concerning acts falling within the scope 
of this provision shall be treated as urgent matters. The 
provisions of Article 36 of the Turkish Penal Code and 
the relevant articles of the Criminal Procedure Code 
shall apply to the seizure, confiscation or destruction of 
the goods, and of the equipment and machinery used to 
produce those goods, in relation to which offenses have 
been committed through infringement of the rights deriv­
ing from a patent application or patent in accordance 
with the provisions of this Decree-Law. 
Use of Elements of the Patent by Third Parties 
Art. 74. The holder of the rights in a patent is entitled 
to prevent third parties from handing over to persons un­
authorized to work the patented invention elements and 
means relating to an essential part of the patented inven­
tion that enable the said invention to be carried out. For 
this provision to apply, the third parties concerned have to know that the said elements and means are sufficient 
for carrying out the invention, that they will be used to 
that end or that the circumstances make such an outcome 
sufficiently obvious. 
The provisions of the first paragraph of this Article 
shall not apply when the elements or means referred to in 
the said paragraph are products commonly to be found on 
the market, unless the persons concerned are induced by 
third parties to commit such prohibited acts. . 
Persons committing the acts specified in subpara­
graphs (a), (b) and (c) of Article 75 shall not be deemed 
persons unauthorized to work a patent within the mean­
ing of the first paragraph of this Article. 
Limits of the Scope of the Rights Under the Patent 
Art. 75. The following acts shall remain outside the 
scope of the rights conferred by the patent: 
(a) acts devoid of any industrial or commercial pur­
pose and limited to serving solely private ends; 
(b) acts involving the use of the patented invention 
for experimental purposes; 
(c) the making up of individual medicines on pre­
scription in pharmacies where no mass production is in­
vol ved, and acts relating to the medicines thus made up; 
(d) use of the patented invention in the manufacture 
or operation of seaborne vessels, spacecraft, aircraft or 
land vehicles of signatory countries of the Paris Conven­
tion, or for meeting the needs thereof, where the said ves­
sels, craft or vehicles temporarily or accidentally enter 
the territory of the Republic of Turkey; 
(e) where acts provided for in Article 27 of the Con­
vention on International Civil Aviation of December -I, 
1944, relate to an aircraft of a State, the provisions of this 
Article shall likewise apply to that aircraft. 
Exhaustion of the Rights Under the Patent 
Art. 76. The rights under the patent shall not extend to 
acts committed in relation to a product enjoying patent 
protection after that product has been placed on sale in 
Turkey by the holder of the patent rights or with his con­
sent. 
Rights Conferred by Prior Use 
Art. 77. The owner of a patented invention shall not 
have the right to prevent a person or persons who in good 
faith, between the filing date of the application and the 
priority date, have worked the invention in Turkey, or 
made genuine and effective preparations for working it, 
from continuing to do so in the same manner as before, or 
from commencing sllch working on the basis of prepara­
tions made to that end. However, third parties may con­
tinue to work the subject matter of the patent in the same manner as before, or commence such working on the 
basis of preparations made to that end, only to the extent 
necessary to meet the reasonable needs of their enter­
prise. This right to work the invention shall only be 
transferable with the enterprise itself. 
The rights under the patent as referred to in Article 76 
shall not extend to acts relating to products placed on 
sale by the persons mentioned in the first paragraph of 
this Article. 
Effect on Patents of Earlier Date 
Art. 78. The owner of a patent may not invoke that 
patent in his defense in actions brought against him for 
infringement of other patents of earlier date. 
Dependency of Subject Matter of Patents 
Art. 79. The fact that a patented invention cannot be 
worked without the use of an invention protected by an 
earlier patent shall not be an obstacle to its validity. In 
such cases, neither the owner of the rights in the earlier 
patent nor the owner of the rights in the later patent may 
use the other's patent without his consent during the term 
of validity thereof. However, the owner of the rights in 
the later patent may also use the earlier patent where he 
has been authorized by the owner of the rights in the ear­
lier patent to use that patent or has been granted a com­
pulsory license to use it. 
Restrictions on the Use of the Patent 
Art. 80. The patented invention shall not be put to any 
use that is contrary to the law, morality, public policy or 
public health, and its working shall be subject to such 
prohibitions and restrictions, whether temporary or per­
manent, as may be imposed by law. 
Legal Monopoly 
Art. 81. Where a patent is granted for an invention 
that is covered by a legal monopoly, the monopolist may 
only use the invention with the consent of the patent 
owner. The monopolist is m<;>reover obliged to obtain and 
exercise the right of use of those inventions that involve 
notable technical progress in the field of industry in 
which he is engaged. 
The monopolist shall have the right to request auth­
orization to work the patented invention. Where the mo­
nopolist makes such a request the patent owner may ask 
him to take over the patent. The amount to be paid by the 
monopolist for the right to work the patented invention 
or for acquisition of the patent shall be determined by IP/N/1/TURIPIl 
Page 23 
agreement between the parties. In the absence of agree­
ment, the said amount shall be determined by the court. 
Without prejudice to the provisions of the second 
paragraph of this Article, where a monopoly has been 
established after a patent has been granted, the patent 
owner shall also have the right to request the monopolist 
to acquire the enterprise or the equipment with which the 
patented invention is worked, on payment of an amount 
to be determined by the parties. In the absence of agree­
ment on the amount of the compensation payable, the 
said amount shall be determined by the court. 
No annual fees shall be payable for patented inven­
tions that cannot be put to use because of the existence of 
a legal monopoly. 
Effects of Publication of a Patent Application 
Art. 82. The protection accorded to the owner of a 
patent granted under this Decree-Law shall likewise be 
accorded to the owner of a patent application as from the 
publication date of the patent application in the relevant 
Bulletin and for as long as the application remains in 
force. 
Where a person making use, without the permission 
of the patent applicant, of an invention for which a patent 
application has been filed is informed of the existence of 
the patent application or of the scope thereof, the protec­
tion mentioned above shall likewise be valid for the 
period prior to the publication date of the patent appli­
cation. 
Where the subject matter of a patent application re­
fers to a process involving a microorganism, protection 
shall commence only when the microorganism has been 
made accessible to interested parties. 
A patent application shall produce none of the effects 
mentioned in the first to third paragraphs of this Article 
when it is withdrawn or deemed withdrawn or has been 
rejected in a final decision. 
Scope of Protection Conferred by a Patent Application 
or Patent and Interpretation of Claims 
Art. 83. The scope of the protection conferred by a 
patent application or patent shall be determined by the 
claims. The claims shall be interpreted in the light of the 
description and drawings. 
The claims shall be interpreted in such a manner as to 
permit fair protection for the owner of the rights in a 
patent application or patent on the one hand, and afford 
third parties a reasonable degree of certainty regarding 
the scope of protection on the other. 
Where a patent application has been filed for pharma­
ceutical or veterinary products or for chemicals destined 
for agriculture, the authorities issuing licenses for the 
manufacture and sale of such products and chemicals, 
which for that purpose request information and test re­
sults that have not been disclosed to the public, and the IP /N/1/TUR/P 11 
Page 24 
production and accumulation of which has involved con­
siderable expense and effort, shall keep such information 
and test results secret. The authority requesting such 
information and test results shall take the necessary mea­
sures to prevent the improper use thereof. 
Claims shall not be interpreted according to their 
strict literal wording alone. However, when the scope of 
protection of the relevant patent application or patent is 
determined, where characteristics, although contem­
plated by the inventor, are not expressed in the claim and 
can only be deduced from the description and drawings 
by a person skilled in that technical field, the claims 
shall not be deemed to cover those characteristics. 
When an infringement is alleged and the scope of pro­
tection conferred by a patent application or patent is de­
termined, all elements equivalent to those included in the 
claims shall be also considered. 
When an infringement is alleged and an element is 
found to perform substantially the same function, to per­
form it in a substantially similar manner and to produce 
the same result as an element included in the claims, that 
element shall generally be deemed equivalent to the ele­
ment included in the claims. 
When the extent of protection is determined, due ac­
count shall be taken of any statement made by the appli­
cant during the patent grant procedure or by the owner of 
the patent during the term of validity thereof. 
-Where a patent gives examples of the embodiment of 
the invention or of the functions or results thereof, the 
claims shall not be interpreted as being confined to those 
examples. In particular, the fact that a product or process 
includes additional features not found in the examples 
given in the patent, lacks features shown in such exam­
ples or does not achieve every objective or does not pos­
sess every characteristic illustrated in such examples 
shall not deprive the product or process of any of the pro­
tection conferred by the claims. 
Rights Deriving from Process Patents 
Art. 84. Where the manufacturing process of a prod­
uct is patented and the product is imported into Turkey, 
the patentee shall enjoy the same rights in respect of the 
imported products as are accorded him under this 
Decree-Law for the manufacture of the said product in 
Turkey. 
Where a patent concerns a process for the manufac­
ture of new products or substances, it shall be presumed 
in the absence of proof to the-contrary that any product or 
substance having the same properties has been manufac­
tured by means of the patented process. The burden of 
proof shall be on parties alleging the contrary. 
In legal proceedings over an allegation to the contrary 
under the second paragraph of this Article, due regard 
shall be had to the legitimate interest of the defendant 
in the non-disclosure of his manufacturing and trade 
secrets. PART VI 
LEGAL TRANSACTIONS IN RELATION TO A 
PATENT APPLICATION OR PATENT 
Section I 
Joint Ownership Relations 
loint Ownership Relations 
Art. 85. Where a patent application or patent is owned 
indivisibly by more than one person, the resulting joint 
ownership shall be governed by agreement between the 
parties or, in the absence of such agreement, by the joint 
ownership provisions of the Civil Code. 
Anyone of the joint owners may do the following, in 
his own name, independently of the others: 
(a) dispose freely of the part belonging to him; where 
the part is transferred to a third party, the Institute shall 
notify the other joint owners within two months, in order 
that they may exercise their right of preemption; the right 
of preemption shall be exercised within one month of the 
date of notification by the Institute; 
(b) work the invention subject to notification of the 
other joint owners; 
(c) take the necessary steps for the protection of the 
patent application or patent; 
(d) institute civil or criminal proceedings against 
third parties who in any way violate the rights under the 
jointly filed patent application or jointly owned patent. 
The party instituting such legal proceedings shall notify 
the other owners of rights accordingly within one month 
of the date of institution thereof, to enable them to partic­
ipate in the action. 
A third party may be granted a license to work the 
invention on a decision taken jointly by all the owners of 
rights. However, for reasons of equity, the court may de­
cide, in the light of particular circumstances, that one of 
the parties alone should be authorized to grant such 
license. 
Section II 
Transfer and Licensing of Patent Applications 
and Patents 
Transfer and Licensing of Patent Applications 
and Patents 
Art. 86. A patent application or patent may be trans­
ferred to some other party or inherited, or its use li­
censed. A patent application or patent may be pledged, in 
which case the provisions of the Civil Code on pledging 
shall apply. 
Transactions between living persons in relation to a 
patent application or patent shall be evidenced in writing. Indivisibility 
Art. 87. For the purposes of transfer or licensing, a 
patent application or patent shall be indivisible, even 
when jointly owned by two or more persons. 
Contractual License 
Art. 88. The right 10 use a patent application or patent 
may be the subject of a license agreement effective on 
the entire national territory or a part thereof. Licenses 
may be exclusive or non-exclusive. 
The rights under a patent or patent application may be 
enforced in a court action instituted by the owner of the 
patent rights against a licensee who violates the terms of 
the license agreement provided for in the first paragraph 
of this Article. 
Unless the agreement provides otherwise, the license 
shall be non-exclusive. The licensor may license the 
same invention to other persons and may work the 
patented invention himself. 
Exclusive licenses shall preclude the grant of licenses 
to others and the I icensor may make use of the patented 
invention only when he has specifically reserved such 
right in the license agreement. 
Unless the agreement provides otherwise, the holders 
of contractual licenses may not transfer their licensed 
rights to other parties or grant sublicenses. 
Unless the agreement provides otherwise, the holders 
of contractual licenses shall have the right to perform all 
acts associated with the use of the patented invention on 
the entire national territory throughout the term of the 
patent. 
Obligation to Pr01'ide Information 
Art. 89. Unless the agreement provides otherwise, the 
transferor or licensor of a patent application or patent is 
obliged to provide the transferee or licensee with the 
echnical information necessary for satisfactory working 
of the invention. 
The transferee or the licensee to whom confidential 
information has been entrusted is obliged to take the nec­
essary measures to prevent the disclosure thereof. 
Obligations Arising from the Transfer 
and Licensing of Rights 
Art. 90. A person who has transferred or licensed 
rights under a patent application or patent, either for a 
consideration or free of charge, and is subsequently 
found to have no authority to perform such acts shall be 
liable to the parties involved for the situation resulting 
therefrom. 
Where a patent application is withdrawn or refused or 
a court orders the invalidation of a patent, the provisions IP /NI lITURJP 11 
Page 25 
of Article 131 of this Decree-Law shall apply, unless the 
parties agree on increased liability for the transferor or 
licensor. 
The transferor or licensor shall be liable at all times 
for acts performed by them in bad faith. Bad faith shall 
be deemed to exist where the other party has not been 
informed of reports or decisions in Turkish or other lan­
guages that are available or known to the transferor or 
licensor concerning the patentability of the invention to 
which the patent application or patent 10 be transferred or 
licensed relates, or where documents that include infor­
mation on such reports or decisions have not been ex­
pressly mentioned in the contract. 
The period during which compensation may be 
claimed under this Article shall run from the date on 
which the court decision on which it is based becomes 
res judicata. The provisions of the Law on Contractual 
Obligations on statute-barring shall apply. 
Joinr Liabiliry 
Art. 9 J. Where third parties suffer prejudice owing to 
a defect in the invention to which a transferred or li­
censed patent or patent application relates, the transferor 
and the transferee or licensor and licensee shall be joint­
ly liable. 
Unless otherwise provided in the agreement, the 
transferor or licensor assuming liability under the pre­
ceding paragraph may attribute such I iabil ity to the as­
signee or licensee and claim accordingly. Such liability 
may be attributed to the assignee or licensee, and a claim 
made accordingly, where the transferor or licensor has 
not acted in bad faith and where, for reasons of equity. 
the assignee or licensee should assume all or part of the 
compensation due for damages. 
Entry ill the Patent Register alld Effects Thereof 
Art. 92. Patent appJ ications and patents shall be en­
tered in the Patent Register in accordance with the provi-
sions of the Regulations. . 
With the exception of the provision in the first para­
graph of Article 13 on unlawful appropriation of the 
patent, transfers and licenses relating to applications or 
patents, or other acts, whether voluntary or mandatory, 
affecting patent applications or patents shall be binding 
on bona fide third parties as from the date of their entry 
in the Patent Register. 
The rights under a patent application or patent may 
not be invoked against third parties unless and until they 
have been duly entered in the Patent Register. 
The rights under a patent application or patent may 
not be mentioned on the products as being registered 
patent rights until they have been entered in the Patent 
Register. The Institute shall ensure that transactions re­
corded in the Patent Register and appearing on official 
documents have been carried out in due conformity with IP/N/l/TURJP/l 
Page 26 
the law and are valid and effective. The Patent Register 
shall be open to the public. 
Unfair Competition 
Art. 93. Where a patent owner commits a breach of 
the general provisions on unfair competition in the work­
ing of the patented invention, the court may order him to 
offer his patent for licensing. 
Section HI 
Offer for Licensing 
Offer for Licensing by Patentee 
Art. 94. Where the patentee makes no use of the 
patented invention as required by Article 96, he may an­
nounce to the Institute, in writing, his willingness to au­
thorize the working of the invention under license by any 
party interested in such working. 
Where a legal action has brought about a change in 
the ownership of a patent. any offer for licensing made 
previously shall be deemed to have been withdrawn on 
the entry in the Patent Register of the new patent owner 
in accordance with Article 12 of this Decree-Law. 
The Institute shall enter in the Patent Register and 
publish the offer for licensing. Offers for licensing shall 
be open to public inspection. The Institute shall take ap­
propriate measures to permit such inspection. 
The patentee may at any time withdraw his offer for 
licensing insofar as no person has applied to him for the 
grant of a license to use the invention. Withdrawal of the 
offer shall take effect on the date of filing with the Insti­
tute of the request for withdrawal. 
Where the license has been entered in the Patent Reg­
ister as an exclusive license, the patentee may not offer 
additional licenses to others. 
Any person entitled to use the invention under license 
in response to the offer for licensing shall be considered 
a non-exclusive licensee, and the license granted under 
this Article shall be deemed to be a contractual license. 
When an offer for licensing has been made, no appli­
cation to enter an exclusive license in the Patent Register 
shall be permitted unless the offer for licensing has been 
withdrawn or is deemed to have been withdrawn. 
Acceptance of the Offer for Licensing 
Art. 95. Any person who wishes to obtain a license by 
taking up the offer for licensing shall notify the Institute 
of his intention in writing, in triplicate, with a mention of 
the manner in which he intends to make use of the inven­
tion. The Institute shall send a copy of the notification to 
the patentee, while a second copy is to be returned to the prospective licensee. Both copies shall bear the seal of 
the Institute and the same date of dispatch. 
Should the parties fail to reach agreement on the re­
muneration for the license, the competent court shall de­
termine the said remuneration at the request of either 
party and after both parties have been heard. 
The court may modify the amount of the remuneration 
when the amount on which the parties have originally 
agreed pr~ves inappropriate. A request for a change of 
remuneration may be made only after at least one year 
has elapsed since the license fee was determined by the 
court. 
On the expiry of each quarter of the calendar year, the 
licensee is obliged to inform the patentee of the use that 
he has made of the invention and to pay the remunera­
tion. Where the licensee does not fulfill that obligation. 
the licensor may call upon him to do so within the monrh. 
Should the court find that the licensee has failed to fulfill 
his obligations within that period, the license shall be 
cancelled. 
Section IV 
Obligation to Work 
Obligation to Work 
Art. 96. The patentee or the person authorized by him 
is obliged to work the patented invention. The obligation 
to work shall be discharged within three years from the 
date of publication in the relevant Bulletin of the an­
nouncement relating to the grant of the patent. 
Market conditions shall be taken into consideration 
when working is assessed. 
Evidence of Use 
Art. 97. The patentee or the person authorized by him 
shall prove the working of the invention by an official 
certificate to be filed with the Institute. The official cer­
tificate attesting the working of the patent shall be drawn 
up according to the general criteria and rules laid down 
in the Regulations by the authority designated therein. 
The certificate of working shall be issued at the con­
clusion of an inspection of production in the industrial 
establishment in which the invention is being worked. 
The certificate of working shall confirm the working of 
the patented invention or the marketing of the subject 
matter of the invention. 
The certificate of working shall be issued within three 
months of the date of filing of the relevant application 
with the authority concerned. The certificate shall con­
tain information substantiating the actual use of the 
patented invention. 
The certificate of working shall be entered in the 
Patent Register. Acknowledgment of Working 
Art. 98. When the working of the patented invention 
has been attested to the satisfaction of the Turkish Patent 
Institute by documentary evidence, the patented inven­
tion shall be deemed to have been put to use in accor­
dance with Article 97, unless the contrary is proved by 
court action. 
PART VII 
COMPULSORY LICENSES 
Section I 
General Requirements for Compulsory Licenses 
Requirements for Granting a Compulsory License 
Art. 99. A compulsory license shall be granted where 
no licensing offer has been made and where anyone of 
the following situations obtains: 
1. failure to put to work the patented invention in ac­
cordance with Article 96; 
2. dependency of the subject matter of patents as pro­
vided in Article 79; 
3. public-interest considerations as mentioned in Ar­
ticle 103. 
Request for Compulsory License 
Art. 100. Any interested party may, on the expiry of 
the period provided for in Article 96, request the grant 
of a compulsory license on the grounds that, at the time 
of the request, the patent was not being worked, that the 
delay in the working thereof was not due to legitimate 
factors or that the use thereof had been suspended for an 
uninterrupted period of three years for no legitimate 
·eason. 
Technical, economic or legal reasons of an objective 
nature shaIl be deemed to constitute legitimate excuses 
for non-working of the patent. Reasons that are beyond 
the control and contrary to the will of the patentee shall 
be acknowledged as obstacles to the working of the 
patented invention. 
Compulsory Licensing in the Case of 
Dependency Between Patents 
Art. 101. Where the patented invention cannot be 
worked without infringing the rights conferred by a prior 
patent, the owner of the later patent, by bringing evi­
dence that his invention, as compared with the prior 
invention, serves a different industrial purpose or repre­
sents significant technical progress, may request the IP /N/lITURlP /1 
Page 27 
court to grant a license for the use of the earlier-dated 
patent. 
Where patented inventions that are mutually depen­
dent within the meaning of Article 79 serve the same in­
dustrial purpose and where a compulsory license has 
been granted for the purposes of one of the dependent 
patents, the owner of the dependent patent on which the 
compulsory license has been granted may apply to the 
court for the grant to him of a compulsory license on the 
other dependent patent. 
Where a patent relates to a process for the production 
of an already patented chemical or substance relating to 
pharmacology, and the said process patent represents 
significant technical progress in relation to the product 
patent of earlier date, both the owner of the process 
patent and the owner of the product patent may apply to 
the court for the grant of a compulsory license for the use 
of the other's patented invention. 
A compulsory license granted for reasons of depen­
dency between patents in terms of Article 79 shaIl be of 
such a scope as will permit the working of the patented 
invention concerned. Where one of the dependent pat­
ents is invalidated or expires, the grant of a compulsory 
license shall remain without effect. 
Exportation as a Ground for a Compulsory License 
Art. 102. The export status of the patented invention 
shall be acknowledged as a ground for a compulsory 
license. 
Compulsory License on Grounds of Public Interest 
Art. 103. The Council of Ministers may decide that 
the invention to which a patent or patent application re­
lates is to be worked under a compulsory license on 
grounds of public interest. Where the working of the in­
vention, or the increased, broadened or improved work­
ing thereof, is of great importance to public health or 
national defense, the public interest shall be deemed to 
be involved. 
Situations where the non-working of the invention, or 
insufficient working thereof in terms of quality and 
quantity, does serious harm to the country's economic or 
technical development shall likewise be deemed to in­
volve the public interest. 
The Ministry concerned shall propose to the Council 
of Ministers the issue of a decree on the grant of a com­
pulsory license. Where the use of the invention is impor­
tant to national defense or public health, the proposal 
shall be submitted jointly by the Ministry concerned and 
the Ministry of National Defense or the Ministry of 
Health. 
The decision to grant a compulsory license may re­
strict the working of the invention to one or more enter­
prises on the grounds of its importance to national 
defense. IP/N/lITUR/P/1 
Page 28 
Where the patentee is capable of working the inven­
tion in the public interest without the use thereof having 
to be broadened or entrusted to a person other than him­
self, the patented invention may be made conditionally 
subject to compulsory licensing. In such a situation, pur­
suant to the decree of the Council of Ministers, the court 
may allow the patentee to work the invention, or to 
broaden or improve the working thereof, for a period of 
not more than one year, set by itself, in such a manner as 
to satisfy the public interest. 
The court shall decide on the appropriate period or 
subject the patented invention to immediate compulsory 
licensing after having heard the views of the patentee. 
The court shall rule on whether or not the public interest 
has been served by the working after the expiry of the 
prescribed period. Where the court rules that the public 
interest has not been served, it shall make the patented 
invention subject to compulsory licensing. 
Request for Mediation 
Art. 104. A person wishing to apply for a compulsory 
license may first address a request for mediation to the 
Institute with a view to obtaining a contractual license 
for the same patent. 
The request for mediation addressed to the Institute 
shall provide the following particulars and the fee speci­
fied in the Regulations shall be paid: 
(a) information concerning the requester; 
(b) information concerning the patent to which the 
mediation request relates; 
(c) circumstances justifying the grant of a compUlso­
ry license; 
(d) the scope of the license requested, and the reasons 
for the request; 
(e) information sufficient for a decision to be taken 
on whether the requester is capable of working the inven­
tion efficiently and effectively, and whether he can pro­
vide the patentee with the guarantees reasonably 
required for the grant of the license. 
The following documents shall in addition be submit­
ted with the request for mediation by the Institute: 
1. documents substantiating the grounds for the 
request; 
2. documents guaranteeing that the requester will 
pay the cost of the procedure, the amount of which is 
specified in the Regulations; 
3. copies of the request and of the documents submit­
ted with it. 
Mediation by the Institute 
Art. 105. The Institute shall decide on the request for 
mediation within a month of the date thereof. The Institute shall agree to mediate when it is satis­
fied, on the basis of the request for mediation and the 
documents submitted with it and after due investigation, 
that there is indeed a situation requiring the grant of a 
compulsory license and that the requester is solvent and 
has al\ the necessary means of working the invention. 
The Institute shall notify its decision on mediation to 
the requester and also to the patentee, and shall enclose a 
copy of the mediation request. 
Mediation Procedure of the Institute 
Art. 106. When the InstitUle agrees to the mediation 
request, it shall immediately summon the parties to con­
tractuallicense negotiations in which it shall act as medi­
ator. The negotiations shall not last longer than two 
months. 
Where, on the expiry of the two-month period follow­
ing the notification to the parties of its agreement to the 
mediation request, no agreement has been reached on the 
grant of a contractual license, the Institute shall declare 
its mediation and investigation concluded and notify the 
interested parties accordingly. 
If the Institute is persuaded that agreement on the 
grant of a license can indeed be reached, it may agree to a 
request for an extension of the two-month period, filed 
jointly by the parties, even though the said period may 
have expired. 
Until such time as a final decision is reached by the 
Institute, only the parties may have access to the docu­
ments relating to the mediation procedure and request 
copies thereof against payment of a fee. The parties and 
the staff of the Institute shall preserve the secrecy of the 
contents of the said documents. 
Effects of M ediation by the Institute 
Art. 107. Where negotiations in which the Institute 
has acted as mediator result in the parties reaching agree­
ment on a license to work the invention to which the 
patent relates, the licensee shall be allowed a period 
within which to start putting the invention to IJse. 
The period so allowed shall not exceed one year, and 
the following conditions shall be met before mediation is 
concluded: 
1. the license agreed upon by the parties shall be ex­
clusive and shall not constitute an obstacle to compul­
sory licensing; 
2. documents shall be filed to attest that the person 
who requested mediation possesses the facilities and 
materials necessary for the working of the invention and 
that the period required for working to start is determined 
by the particular nature of the invention; . 
3. a monetary guarantee shall be provided, in an 
amount specified in the Regulations, to cover any liabil-ItJes that might arise should the person who requested 
mediation fail to start working the invention within the 
period allowed; 
4. the fee specified in the Regulations shall be paid. 
Where, on the basis of the documents submitted by 
the parties, the Institute is satisfied that the requirements 
set forth in the preceding paragraph have been met and 
that the parties are resolved to start working the patent 
immediately, it shall conclude the mediation procedure 
and enter the license granted as a result of the mediation 
in the Patent Register. 
The person who requested mediation is obliged to no­
tify the Institute of the current state of the preparations 
for starting to work the invention. The Institute is enti­
tled to conduct such inspections as it may deem neces­
sary. 
A licensee who has obtained a license through media­
tion by the Institute may request the court to suspend the 
procedure for the grant of a compulsory licerise in re­
spect of the patent in question during the period allowed 
for working the invention. 
The court may reverse its decision to suspend the pro­
cedure for the grant of a compulsory license where evi­
dence is submitted that the said decision was reached on 
the basis of a serious misconception or that the parties 
would not be in a position to initiate conscientious and 
continuous working of the invention within the period 
specified. 
When, on the expiry of the said period, the licensee 
who obtained his license through mediation by the Insti­
tute fails to start working the invention, the Institute may 
rule that the licensee has to pay a fee to the licensor. The 
fee shall .be calculated according to the license fee that 
the licensee would have to pay the patentee under a li­
cense agreement having a term equivalent to the period 
during which the invention was not used. 
Request for Compulsory License 
Art. 108. On expiry of a period of three months from 
the end of the period provided for in Article 106, or from 
the date of the Institute's refusal of the request for medi­
ation, or where the parties fail to agree on the grant of a 
license before the end of the mediation activity carried 
on by the Institute, the court may be requested to grant a 
compulsory license. 
The party requesting a compulsory license may claim 
that, on the basis of the previously conducted mediation 
procedure and the documents submitted for that purpose, 
the conditions for the grant of a compulsory license are 
fulfilled. The party shall moreover specify the facilities 
and materials available to him for the effective working 
of the invention and provide a guarantee of his ability to 
work it if the license is granted. . 
The following documents shall be filed with the re­
quest for a compulsory license: IP/N/lITUR/P/l 
Page 29 
(a) documents in support of the request that were not 
available during the mediation procedure; 
(b) documents attesting the provision of a guarantee, 
in the amount specified in the Regulations, to cover the 
cost of the compulsory license procedure; 
(c) a document attesting payment of the fee specified 
in the Regulations; 
(d) copies of the request and of the documents sub­
mitted. 
Initiation of the Compulsory 
Licensing Procedure 
Art. 109. Where the conditions specified in Arti­
cle 108 are fulfilled, the court shall initiate the procedure 
concerning the request for a compulsory license. Copies 
of the request and of the attached documents shall be 
sent to the patentee. The patentee may raise objections to 
the said documents within one month at the latest from 
the date of receipt thereof. 
Where a request for a compulsory license has been 
filed as a consequence of the Institute's refusal of a 
request for mediation, the period allowed the patentee 
for raising objections shall not be shorter than two 
months. 
When an objection is raised by the patentee, the docu­
ments relating to the mediation procedure previously 
conducted by the Institute shall be taken into consider­
ation and the evidence put forward in the course of that 
procedure that is not to be found in the said documents 
shall also be submitted. Copies of the evidence shall be 
sent to the requester by the court. 
Compulsory License Decision 
Art. 110. The court shall notify the objection raised by 
the patentee to the party requesting a compulsory license 
and shall rule within one month either on the rejection of 
the application or on the grant of the compulsory license. 
That period shall not be extended. Where the patentee 
has raised no objection to the request for a compulsory 
license, the court shall rule without any further delay on 
the grant of a compUlsory license. 
The decision to grant the compulsory license shall in­
clude the following: 
The scope and term of the license, the fee payable, the 
guarantee provided by the licensee, the date on which 
working is to commence and the measures to ensure con­
scientious and effective working of the patent. 
When the court ruling is appealed against and the 
evidence put forward by the patentee in support of sus­
pending the implementation thereof is deemed sufficient 
by the court, the working of the invention shall be post­
poned until the decision on the license becomes final. 
The appeal shall not delay the implementation of the 
final decision. IPIN/lITURlP!l 
Page 30 
Costs Relating to the Compulsory License Decision 
Art. 111. The decision to grant a compulsory license 
shall specify the costs payable by each of the parties. 
Joint costs shall be shared equally between the parties. 
Where either of the parties has acted in bad faith 
or committed a fault, he may be ordered to pay full 
costs. 
Suspension of the Compulsory 
License Procedure 
Art. 112. On the filing of a request for a compulsory 
license, the court shall initiate the necessary procedure 
for a decision on the grant of a license. The court may 
suspend the said procedure once, at any time. for a max­
imum of three months, on a duly reasoned request made 
jointly by the patentee and the requester. 
On expiry of the said period, the court shall notify the 
parties accordingly and resume the procedure. 
Notification of Patent Agents Representing 
Persons Domiciled Abroad 
Art. 113. Where the patentee is not domiciled in 
Turkey, the correspondence and notifications referred to 
in this Section shall be addressed to the patent agent 
representing him. 
Section II 
Compulsory License System 
Legal Nail/re of the Compulsory License 
Art. 114. A compulsory license shall not be exclusive. 
Only a compulsory license in the public interest under 
Article 103 may be granted as an exclusive license, pro­
vided that the exclusiveness shall not be at variance with 
the purpose of the compulsory license and must be es­
sential to the economic exploitation of the patented in­
vention. 
Where a compulsory license is granted, the licensee 
shall in principle not have the right to import the subject 
matter of the patent. The subject matter of the patent 
may, however, be imported where the compulsory li­
cense has been granted in the public interest and where 
the licensee has been expressly authorized to do so. Such 
authorization to import shall be issued on a temporary 
basis and shall be limited to the satisfaction of the 
specific demand. 
Under a compulsory license the patentee shall be paid 
equitable remuneration. The license fee shall be deter­
mined especially in relation to the economic importance 
of the invention. Violation of Relations of Mutual Trust 
Art. 115. Where the relations of mutual trust between 
the patentee and the licensee are violated by the paten­
tee, the licensee may, depending on the role played by 
the violation in the economic exploitation of the inven­
tion, request a reduction in the remuneration payable to 
the patentee. 
Scope of Compulsory Licenses 
Under Patents of Addition 
Art. 116. A compulsory license shall cover additions 
to an existing patent as of the date of the grant of the 
license. Where, after the grant of a compulsory license, a 
patent of addition is granted that serves the same indus­
trial purpose as the main patent to which the license re­
lates, the licensee may request the court that the patent of 
addition be also included within the scope of the compul­
sory license. 
Where, in spite of mediation by the Institute, the 
parties cannot agree on the remuneration and other 
conditions of a license the scope of which has been 
enlarged by a patent of addition, they shall be fixed by 
the court. 
Transfer of Compulsory License 
Art. 117. A compulsory license may be validly trans­
ferred only together with the enterprise or part thereof in 
which it is being exploited. The Institute shall enter the 
transfer in the Register. Where the compulsory license is 
granted for reasons of dependency between patents, the 
license shall be transferred together with the dependent 
patent. 
The compulsory licensee is not permitted to subli­
cense. Any act performed to that end shall be deemed in­
valid. 
Request for Amendment of Terms 
Art. 118. The licensee or the patentee may apply to 
the court for amendment of the fee or terms of the 
compulsory license on account of events occurring 
later that justify such amendment. The subsequen t 
grant by the patentee of a contractual license on condi­
tions more favorable than those of the compulsory 
license shall especially confer the right to request such 
amendment. 
Where the licensee seriously violates his obligations 
under the compulsory license or continually fails to ful­
fill them, the court may cancel the license at the request 
of the patentee, without prejudice to the latter's right to 
compensation for damages. Applicability of the Provisions on 
Contractual Licenses 
Art. 119. The provisions of Article 88 on contractual 
licenses shall apply also to compulsory licenses insofar 
as they are not contrary to the provisions of Articles 114 
and 118. 
Section III 
Compulsory Licensing Incentives 
Provision of Compulsory Licensing Incentives 
Art. 120. The Institute shall provide for incentives to 
promote the filing of requests for the licensing of patents 
available for compulsory licensing. To that end, the In­
stitute shall regularly publicize such patents. 
Where the importance of working patented inventions 
dictates, the Council of Ministers shall provide for finan­
cial, economic and other inducements to encourage un­
dertakings to file requests for the compulsory licensing 
of particular patents in the public interest. 
PART VIII 
PATENTS OF ADDITION AND SECRET PATENTS 
Section I 
Patents of Addition 
Application for a Patent of Addition 
Art. 121. The owner of the rights in a patent or patent 
application may apply for a patent of addition to protect 
inventions that share the overall inventive concept of the 
main patent in terms of the first paragraph of Article 45 
and which improve or develop the invention to which the 
main patent relates. 
Applications for patents of addition may be filed in 
connection with a patent application until such time as a 
decision thereon is taken, provided that they shall not be 
granted if the patent application is refused. 
The inventive step criterion referred to in Article 9 
shall not apply to patents of addition. 
Priority Date of Patents of Addition 
Art. 122. The priority date of a patent of addition shall 
be determined by the filing date of the application. 
Patents of addition shall have the same term as the 
main patent and shall not be subject to the payment of 
annual fees. Unless otherwise provided in this Decree­
Law, the patent of addition shall be considered an inte­
gral part of the main patent. IP/NIlITURlP!1 
Page 31 
Conversion of a Patent of Addition into a Main Patent 
Art. 123. At the request of the applicant, the applica­
tion for a patent of addition may at any time during its 
prosecution be converted into an application for a main 
patent. The same possibility shall be available, within a 
period of three months of the applicant for a patent of 
addition being informed that his application does not, on 
the basis of the examination conducted by the Institute, 
have the necessary connection with the main patent. 
Granted patents of addition may be converted to main 
patents provided that the patentee surrenders his rights in 
the main patent. 
Where a request for conversion of a patent of addition 
into a main patent is filed, subsequent patents of addition 
shall be deemed to constitute additions to the new main 
patent insofar as they possess the required unity and 
corn prehensi veness. 
Patents of addition converted into main patents shall 
be subject to the payment of annual fees as from the date 
of their conversion, while their term of protection shall 
be the same as that of the main patent. 
Applicability of Patent Provisions to Patents 
of Addition 
Art. 124. Unless expressly provided otherwise, and 
insofar as they are compatible with the characteristics of 
patents of addition, the patent provisions of this Decree­
La w shall apply also to patents of addition. 
Section II 
Secret Patents 
Conditions of Secrecy 
Art. 125. The contents of a patent application shall be 
kept secret for a period of two months from the filing 
date of the application, except where the Institute de­
cides to disclose them earlier. 
The Institute may extend the period during which the 
patent application is kept secret for up to five months 
from the filing date of the application if it subsequently 
considers that the invention to which the application re­
lates is important to national defense. The Institute shall 
inform the applicant of the situation in writing and shall 
also immediately inform the Ministry of National 
Defense by forwarding a copy of the application to it. 
For the purposes mentioned in the first and second 
paragraphs of this Article, the Institute and the Ministry 
of National Defense shall cooperate in identifying those 
inventions that are held to be important to national de­
fense. The Ministry of National Defense shall be allowed 
to inspect all patent applications beforehand, provided 
that the condition of secrecy is respected. IP/N/IITURlP/l 
Page 32 
When national defense interests are at stake, the Min­
istry of National Defense may request the Institute in 
writing, before the expiry of the said period of five 
months, to prosecute the patent application secretly and 
to keep the applicant informed of the situation. 
Where the patent application or patent is kept secret, 
the patent applicant or owner shall abstain from such acts 
as might allow information on the contents of the inven­
tion to become known to unauthorized persons. The Min­
istry of National Defense may, at the request of the 
patent applicant or owner, a'lIow the subject matter of the 
patent application or patent to be used, in its entirety or 
in part, under such conditions as may be laid down by the 
Ministry of National Defense. 
Register of Secret Patents, Extension of Secrecy 
Period and Lifting of Secrecy 
Art. 126. A patent issued under the secrecy rule shall 
be entered in a Register of Secret Patents and kept secret 
for one year following the date of grant. The secrecy 
period may be extended by periods of one year. The 
patentee shall be kept informed of such extensions. The 
annual extension of the secrecy period shall not apply in 
time of war and until a year has elapsed after the cessa­
tion of hostilities. 
The Institute may at any time, with the authorization 
of the Ministry of National Defense, lift the secrecy to 
which the patent application or patent is subject. 
Anllual Fees and Compensation for Secret Patents 
Art. 127. Secret patents shall not be subject to the 
payment of annual fees. 
The owner of the patent rights may claim compensa­
tion from the State for the whole period during which the 
patent is kept secret. Such compensation shall be 
claimed at the end of each calendar year during which or 
during part of which the patent has remained secret. If no 
agreement is reached on the amount of compensation, it 
shall be fixed by the court. The compensation shall be 
calculated according to the importance of the invention 
and the estimated income that the owrier of the patent 
rights would have derived from free use thereof. 
~ Where the invention to which the secret patent relates 
is disclosed through the fault of the patentee, he shall 
have no right to claim compensation. 
Permission to File Applications in Foreign COllntries 
for Secret Patents 
Art. 128. Where an invention made in Turkey is sub­
ject to the provisions of Article 125, no patent applica­
tion may be filed for the said invention in any foreign 
country without the Institute's permission and before the 
expiry of a period of two months from the date on which the patent application was filed with the Institute. Per­
mission to file an application in a foreign country shall 
not be issued without specific authorization from the 
Ministry of National Defense. 
Where the inventor is domiciled in Turkey, the inven­
tion shall be deemed to have been made in Turkey in the 
absence of proof to the contrary. 
PART IX 
INVALIDATION OF THE PATENT AND 
TERMINATION OF PATENT RIGHTS 
Section I 
Invalidation of the Patent 
InvalidilY 
Art. 129. A patent shall be declared invalid by the 
court in the following situations: 
(a) where it is established that the subject matter of 
the invention does not meet the patentability require­
ments laid down in Articles 5 to 10 of this Decree-Law; 
(b) where it is established that the subject matter of 
the invention has not been described in a sufficiently ex­
plicit and comprehensive manner for a person skilled in 
the technical field concerned to carry it out; 
(c) where it is established that the subject matter of 
the patent goes beyond the scope of the application or is 
based on a divisional application filed under Article 5 or 
on an application to which Article 12 applies and ex­
ceeds the scope thereof; 
(d) where it is established that the holder of the paten t 
does not have the right to a patent under Article 11. 
Only the inventor or his successors in title shall have 
the right to claim that the owner of the patent does not 
have the right to a patent under Article 11. In such a case, 
Article 12 of this Decree-Law shall apply. 
Where the grounds for invalidity concern only part of 
a patent, partial invalidity of the patent shall be declared 
by cancellation of the claims pertaining to that part. A 
single claim may not be invalidated in part. 
Where, in the case of partial invalidation, the claims 
of the patented invention that have not been canceled 
conform to Articles 5 to 7 of this Decree-Law, the patent 
shall remain valid in respect of those claims. 
Request for a Declaration of Invalidity 
Art. 130. Injured parties or interested official authori­
ties, acting through the Public Prosecutor, may apply to 
the court for invalidation of a patent. Invalidation of a 
patent in accordance with subparagraph (d) of the first 
paragraph of Article 129 may also be requested by per­
sons entitled to claim the right to the patent. The court action for the invalidation of a patent may 
be instituted during the term of protection thereof or 
within five years following the lapse of the patent rights. 
The court action for invalidation of a patent shall be 
directed against the person who, at the time of the insti­
tution of proceedings, is entered in the Patent Register as 
the owner of the patent. Notification shall be served on 
the persons entered in the Register as holders of rights in 
the patent, to enable them to take part in the court action. 
Effects of Invalidity 
Art. 131. A court'decision ruling that a patent is in­
valid shall have retroactive effect. Consequently, where 
invalidity is declared, the legal protection afforded to the 
patent application or patent under this Decree-Law shall 
be deemed never to have existed. 
Without prejudice to compensation claims for dam­
age caused by acts of bad faith on the part of the owner of 
the patent, the retroactive effect of invalidity shall not 
extend to the following: 
(a) any decision on patent infringement that has be­
come res judicata prior to the declaration of invalidity; 
(b) contracts executed and fulfilled prior to the decla­
ration of invalidity; partial or full reimbursement of sums 
paid under the contract may, however, be claimed on 
grounds of equity to the extent justified by the circum­
stances. 
A declaration that has become res judicata shall be 
binding on all persons. 
Effects of Invalidity on Patents of Addition 
Art. 132. A declaration of invalidity of a patent shall 
not necessarily entail invalidation of patents of addition. 
However, where no request is filed for conversion of the 
patents of addition into main patents within three months 
following the date of notification of the declaration of 
invalidity, the invalidation of the patent shall result in 
invalidation also of the patents of addition. 
Section II 
Termination of Patent Rights 
Causes of Termination 
Art. 133. Patents rights shall terminate in any of the 
following circumstances: 
(a) expiry of the term of protection; 
(h) surrender of the patent rights by the owner there­
of; 
(c) non-payment of annual and other fees by the pre­
scribed time limits. IP 1Nl 1 ITURIP 11 
Page 33 
The subject matter of terminated patent rights 
shall become public property from the moment at 
which the reason for termination materializes. The fact 
shall be published by the Institute in the relevant 
Bulletin. 
In the case of non-payment of annual fees, the reason 
for termination of patent rights shall be deemed to have 
materialized on the date on which the payment became 
due. 
Non-Payment of Annual Fees for Reasons 
of Force Majeure 
Art. 134. Where patent rights terminate for non-pay­
ment of annual fees and the owner of the patent produces 
evidence of the non-payment of the fee being attributable 
to force majeure, the patent shall be revalidated. 
The claim of force majeure shall be made within six 
months of the publication, in the Bulletin, of the an­
nouncement of the termination of the patent rights. 
The patentee's claim of force majeure shall be pub­
lished in the Bulletin. Interested parties may submit 
comments on the matter within a month of the date of the 
pu bl ication. 
The patent shall be revalidated by a decision of 
the Institute. The revalidation of a patent shall not affect 
rights acquired by third parties as a result of the ter­
mination of the patent rights. The rights of third 
parties and the scope thereof shall be determined by the 
court. 
Where a patent is revalidated. the owner thereof shall 
be obliged to pay the fees that he failed to pay and a sur­
charge. 
Surrender of Patent Rights 
Art. 135. The owner of a patent may surrender his 
rights in the patent either fully or in respect of one or 
more patent claims. 
Where the right to a patent is surrendered in part, the 
patent shall remain in force in respect of the claims that 
have not been surrendered, provided that such claims do 
not correspond to the subject matter of another patent 
and that the surrender of rights does not result in a broad­
ening of the scope of the patent. 
The surrender shall be declared in writing to the Insti­
tute, and shall have effect as of the date of entry in the 
Patent Register. 
The holder of a patent may not surrender his patent 
rights without the consent of licensees or holders of 
rights entered in the Patent Register. 
Where a third party claims ownership of a patent, the 
patent rights may not be surrendered without the consent 
of the third party ·concerned. IP/N/1/TURlP/1 
Page 34 
PART X 
INFRINGEMENT OF PATENT RIGHTS 
AND LEGAL PROCEEDINGS IN 
INFRINGEMENT CASES 
Section I 
Cases of Infringement 
Acts Constituting Infringement 
of Patent Rights 
Art. 136. The following acts shall be considered in­
fringements of patent rights: 
(a) imitating the product to which the patent relates 
by manufacturing all or part of the said product without 
the consent of the patent owner; 
(b) selling, distributing or otherwise marketing prod­
ucts, or importing them for such purposes or stocking 
them for commercial purposes when it is known, or 
should be known, that the said products are complete or 
partial imitations; 
(c) using the patented process or selling, distributing 
or otherwise marketing, or offering or importing for such 
purposes, products directly obtained by means of the 
patented process without the consent of the patent 
owner; 
(d) broadening the scope of rights granted by the 
patent owner under a contractual or compulsory license, 
or transferring such rights to third parties, without the 
consent of the patent owner; 
(e) participating in acts provided for in subpara­
graphs (a) to (d) of this Article, or assisting or promoting 
them or in any way and in any circumstances facilitating 
the performance thereof; 
(f) failing to declare the source from which and 
the manner in which unlawfully manufactured or 
marketed products found in one's possession were 
obtained. 
Where a patent has been obtained for a process for the 
manufacture of a product, all products possessing the 
same properties shall be deemed to have been manufac­
tured using the patented process. The burden of proof of 
the contrary shall be on the defendant. 
Where a patent application is published under Arti­
cle 55 of this Decree-Law, the applicant is entitled to 
institute civil and criminal proceedings before the 
courts for infringement of the patent applied for. Where 
the infringer is notified of the existence of the applica­
tion and of its scope, the requirement of publication of 
the application shall not apply. Where the court rules 
that the infringer has acted in bad faith, the infringe­
ment shall be deemed to have existed even prior to 
publication. Section II 
Legal Proceedings 
Claims of the Patent Owner and Competent COllrt 
Art. 137. A patent owner whose rights are infringed 
may apply to the court for the following in particular: 
(a) cessation of the acts infringing the patent rights; 
(b) remedies for infringement and compensation for 
material and moral prejudice suffered; 
(c) confiscation of manufactured or imported prod­
ucts that infringe the patent rights, of means directly 
used for manufacturing such products and of means per­
mitting the use of a patented process; 
(d) recognition of ownership of the products and 
means confiscated under the third subparagraph of this 
paragraph, in which case the value of the products shall 
be deducted from the amount of compensation awarded; 
where the value of the products exceeds the amount of 
compensation awarded, the patent owner shall repay the 
balance to the other party; 
(e) precautionary measures to prevent continuation 
of the infringement of patent rights, especially the alter­
ation of the form of the products and means confiscated 
under the third subparagraph of this paragraph, or the 
destruction thereof where essential to preclude further 
acts of infringement; 
(f) publication of the court ruling against the infring­
er of the patent and notification thereof, both at the in­
fringer's expense, to the public and persons concerned. 
The competent court for the institution of legal pro­
ceedings by the patent owner against third parties shall 
be the court of the plaintiff's domicile, of the place in 
which the offense was committed or of the place in 
which the infringing act had effect. 
Where the plaintiff is not domiciled in Turkey, the 
competent court shall be the court of the location of the 
registered agent's place of business or, where the agent's 
entry in the Register has been cancelled, the court of the 
place in which the Institute has its headquarters. 
The competent court for the institution of proceedings 
by third parties against the patent applicant or owner 
shall be the court of the defendant's domicile. Where the 
patent applicant or owner is not domiciled in Turkey, the 
provisions of the third paragraph, above, shall apply. 
Where several courts are potentially competent, the 
court before which the proceedings are initiated first 
shall be the competent court. 
Compensation 
Art. 138. A person who, without the consent of the 
proprietor of the patent, manufactures, sells, distributes 
or in any form markets a patented product, or imports it 
for those purposes, or stocks it for commercial purposes, 
or makes use of apatented process shall be liable to rem-edy the unlawful situation and to provide compensation 
for the prejudice caused. 
A person who makes use of a patented invention in 
any other way shall be liable to provide compensation for 
the prejudice caused only if he has been informed by the 
patent owner of the existence of the patent and his in­
fringement thereof, and has been requested to stop the 
said infringement, or if his action has been culpable or 
negligent. 
Documents Evidencing Infringement 
Art. 139. The owner of a patent may require the in­
fringing party to hand over documents relating to the use 
of the patent without his consent, in order that he may 
assess the prejudice suffered on account of the patent in­
fringement. 
Income Not Realized 
Art. 140. The prejudice suffered by the patent owner 
shall include not only the value of the actual loss, but 
also the income not realized owing to the infringement of 
the patent rights. 
The income not realized shall be calculated according 
to one of the following criteria at the discretion of the 
patent owner who has suffered the prejudice: 
(a) the income that the patent owner might have been 
expected to realize if there had been no competition from 
the infringing party; 
(b) the income actually realized by the infringer 
through his use of the patent; 
(c) the license royalties that would have been paid if 
the infringer had used the patent lawfully under a license 
agreement. 
When the income not realized is calculated, due ac­
count shall be taken in particular of the economic value 
of the patent, the term of protection remaining at the time 
of infringement and the type and number of any licenses 
granted in respect of the patent. 
Where the court finds that the owner of the patent 
rights has not fulfilled his obligation to work the patent 
under the provisions of this Decree-Law, the income not 
realized shall be calculated according to subpara­
graph ( c) of the second paragraph of this Article. 
Increase on the Income Not Realized 
Art. 141. Where the patent owner has selected either 
of the criteria specified in subparagraphs (a) or (b) of the 
second paragraph of Article 140 for the calculation of 
income not realized, the court may increase it by a 
reasonable additional amount when, in its opinion, the 
patent makes a substantial economic contribution to the 
manufacture of the product or use of the process. IP/N/lITUR/P/1 
Page 35 
The assessment of the patent's contribution to the 
economic value of the product shall be based on an ex­
amination of whether or not the patent is the determining 
factor in creating the demand for the product. 
Reputation of the Invention 
Art. 142. The owner of a patent may claim additional 
damages where the reputation of the invention to wh'ich 
the patent relates is harmed by the bad manufacture or 
improper marketing of the patented invention by the 
party violating the patent rights, 
Reduction of Compensation 
Art, 143. Where the amount of compensation to be 
paid to the owner of the patent rights is greater than that 
which he receives from other persons for their use of the 
invention in another manner, the compensation allowed 
shall be reduced in consideration of the latter amount. 
Persons from Whom No Compensation 
May Be Claimed 
Art. 144. The patent owner may not institute proceed­
ings under this Section of this Decree-Law against per­
sons using the products placed on the market by a person 
. who has paid him compensation for damages. 
Statute Barring 
Art. 145. The provisions of the Code of Contractual 
Obligations on statute barring shall apply to the periods 
for filing claims under civil provisions for violations of 
patent rights. 
Section III 
Special Courts 
Competent COllrts 
Art. 146. Special courts to be established by the Min­
istry of Justice shall have jurisdiction over all actions 
and claims provided for in this Decree-Law. 
At the request of the Ministry of Justice, the High 
Council of Judges and Prosecutors shall determine which 
of the commercial courts of first instance and the crimi­
nal courts of first instance shall have competence as spe­
cial courts and shall specify the jurisdiction of each. 
The special courts referred to in the first paragraph, 
above, shall have jurisdiction over actions brought 
against decisions of the Institute under this Decree-Law 
and over actions brought against the Institute by third 
parties who have been prejudiced by its decisions. IPlN/1/TURlPI1 
Page 36 
Publication of the Court's Decision 
Art. 147. Where a court judgment has become res ju­
dicata, the successful party may, provided that he has a 
legitimate ground or interest, request the publication in 
full or in summary form of the final judgment in a daily 
paper or other medium, the cost thereof to be met by the 
other party. 
The nature and extent of the publication shall be spec­
ified in the judgment. The right of publication shall be 
void if not exercised within three months after the judg­
ment has become res judicata. 
Section IV 
Special Provisions 
Action by the Licensee and Requirements Therefor 
Art. 148. Unless otherwise provided in the contract, 
the holder of an exclusive license may, in the event of 
infringement of the patent rights, institute in his own 
name all legal proceedings that have been made avail­
able to the patent owner by this Decree-Law. Holders of 
non-exclusive licenses shall not have the right to insti­
tute legal proceedings. 
In the event of infringement, the holder of a non­
exclusive license may, through a notary public, serve no­
tice on the patent owner to institute such proceedings as 
may be required. ' 
In the event of the owner of the patent rights refusing 
or, within three months of the receipt of the notice, fail­
ing to institute proceedings, the non-exclusive license 
holder shall have the right to institute proceedings in his 
own name, in which case he shall enclose the notice 
served on the patent owner. 
In the event of serious damage that will persist with 
the passage of time, the licensee may apply to the court 
for the issue of a restraining injunction without waiting 
for the said three-month period to elapse. 
A licensee who has instituted proceedings under the 
third paragraph, above, shall notify the patent owner that 
proceedings have been initiated. 
Claim of Non-Infringement of a Patent and 
Requirements Therefor 
Art. 149. Any interested party may institute proceed­
ings against a patent owner 'to obtain a ruling of non-in­
fringement of patent rights. 
Prior to the institution of proceedings under the fore­
going paragraph, a notice shall be sent through a notary 
public for the attention of the patent owner to enable the 
said owner to express his views on whether industrial 
activities carried on in Turkey, or the genuine and effec­
tive preparations made to that end, by the party serving 
the notice infringe the patent rights. Where the patent owner, on receiving such a notice, 
does not respond within a month of receipt thereof, or 
where the content of the response is not found acceptable 
by the party serving the notice, the latter shall have the 
right to institute proceedings under the first paragraph, 
above. 
Persons against whom infringement actions have 
been brought in respect of patent rights may not institute 
proceedings under the first paragraph of this Article. 
The institution of proceedings shall be notified to 
all holders of rights who are entered in the Patent 
Register. 
The actions referred to in this Article may also be in­
stituted in conjunction with an invalidation action. 
Action to Secure Evidence 
Art. 150. Any person legally entitled to bring action 
for infringement of patent rights may request the court to 
determine and secure evidence of acts that may be re­
garded as infringing such rights. 
Precautionary Measures 
Art. 151. Persons who intend to institute or have insti­
tuted proceedings under this Decree-Law may, in order 
to ensure the effectiveness of the main action, request the 
court to order precautionary measures, provided that 
they bring evidence of actual use of the patent in Turkey, 
or of genuine and effective preparations for such use, 
that would constitute infringement of the plaintiff's 
patent rights. 
The request for precautionary measures may be filed 
before or on the institution of proceedings or later. The 
request for precautionary measures shall be examined 
separately. 
Nature of Precautionary 
Measures 
Art. 152. Precautionary meaSllres shall be of such a 
nature as to permit the securing of the full effectiveness 
of the judgment and shall in particular provide for the 
following: 
(a) cessation of the acts infringing the plaintiff's 
patent rights; 
(b) seizure within the borders of Turkey, wherever 
they are to be found, including at the customs or in free 
ports or free trade areas, and the holding in custody, of 
produced or imported goods that infringe the patent 
rights, or of means used in the implementation of the pat­
ented process; 
(c) provision of security for such damages as may 
have to be compensated. Civil Procedure Code 
Art. 153. With respect to other securing actions and 
precautionary measures, the provisions of the Civil Pro­
cedure Code shall apply. 
PART XI 
UTILITY MODEL CERTIFICATES 
Inventions Protected by the Grant of 
Utility Model Certificates 
Art. 154. Inventions that are novel according to Arti­
cle 156 of this Decree-Law and applicable in industry 
within the meaning of Article lOaf this Decree-Law 
shall be protected by the grant of utility model certifi­
sates. 
Inventions Qnd Subject Matter Not Eligible 
for Protection by the Grant of 
Utility Model Certificates 
Art. 155. Utility model certificates shall not be grant­
ed for the subject matter mentioned in Article 6 of this 
Decree-Law, or for processes and products obtained by 
such processes, or for chemical compounds. 
Novelty 
Art. 156. The invention to which the application for 
a utility mode!" certificate relates shall not be deemed 
novel where, prior to the filing date of the application, it 
has been made accessible to the public, either in Turkey 
or elsewhere in the world, by disclosure in writing or in 
any other way, or where it has been put to use within the 
country, either regionally or nationwide. 
Disclosure, either by publication or in any other form, 
j the applicant for a utility model certificate or his pre­
decessors, 12 months prior to the filing date of the appli­
cation or to the priority date, if any, shall not be deemed 
destructive of the novelty of the invention to which the 
application relates. 
Applications for patents for utility model certificates 
filed in Turkey prior to the filing date of the application 
for a utility model certificate shall be deemed destructive 
of the novelty of the latter application even when they 
are themselves published after the filing date of the said 
application. 
Right to Apply for a Utility Model Certzficate 
Art. 157. The right to apply for a utility model certifi­
cate shall belong to the inventor or his successor in title 
and shall be transferable. Where the invention to be pro-IP /NI lITURIP 11 
Page 37 
tected by a utility model certificate has been made jointly 
by two or more persons, the right to apply for such a cer­
tificate shall belong to them jointly, unless they decide 
otherwise. The provisions of civil law on joint ownership 
shall apply in this connection. 
Where the same invention to be protected by a utility 
model certificate has been made by two or more persons 
at the same time, but independently of each other, and 
one of them has filed an application, the provisions of 
Articles 11 and 12 of this Decree-Law shall be applied to 
determine which of those persons is entitled to apply for 
a utility model certificate. 
Rights Not Binding on Third Parties 
Art. 158. Where the subject matter of the invention to 
which the utility model certificate relates has been cop­
ied from the description, drawings and models, equip­
ment and installations of a third party without his 
authorization, the holder of the utility model certificate 
may not invoke the protection conferred by the utility 
model certificate granted under this Decree-Law against 
the said third party. 
The owner of a uti! ity model certificate against whom 
a court action for invalidation has been brought under 
Article 156 may not invoke the rights under th~t certifi­
cate against third parties until the conclusion of the said 
action. To that end the parties shall apply to the Institute 
for the recording in the Register of the institution of 
court proceedings and of the resulting decision, and for 
the publication thereof in the relevant Bulletin. The 
rights of the owner of the utility model certificate to 
claim compensation shall remain reserved. 
Application for a Utility JYJodel Certificate 
Art. 159. In order to obtain a utility model certificate, 
the documents mentioned in Article 42 of this Decree­
Law shall be filed with the Institute together with the ap­
plication, which shall state clearly that protection by the 
grant of a utility model certificate is requested. 
The provisions of Articles 43 and 53 of this Decree­
Law shall govern the fixing of the filing date of the appli­
cation for a utility model certificate. 
Examination of the Application 
as to Form and Publication 
Art. 160. When the filing date of the application has 
become definite, the Institute shall examine the compli­
ance of the application with the requirements of form set 
forth in Articles 42 to 53 and in the Regulations. 
Where the examination by the Institute shows that the 
application has deficiencies of form or that the subject 
matter thereof does not possess the characteristics per­
mitting the grant of a utility model certificate as speci-IP/N/lITUR/P/l 
Page 38 
fied in Articles 154 and 155, the procedure shaII be sus­
pended. The Institute shaII notify the applicant of its 
decision, giving him the reasons for it, and shall grant 
him a period of three months, as from the notification, 
within which to rectify the deficiencies, to amend the 
claims or to object to the decision. 
After having considered the observations of the 
applicant and any amendments to the application, the 
Institute shaII take its final decision. The said final 
decision may be to grant the utility model certificate for 
all or part of the claims. Where the finding of the exam­
ination for compliance with requirements of fonn is that 
there is no deficiency preventing the grant of protection 
or that any such deficiency has been satisfactorily rec­
tified, the Institute shall notify the applicant of its 
decision to proceed with publication of the description, 
claims and drawings, if any, in accordance with the 
provisions laid down in the Regulations. Applications 
shall be published in the relevant Bulletin in the form 
and according to the requirements specified in the 
Regulations. 
The state-of-the-art search report drawn up by the In­
stitute for patents shall not be drawn up for utility model 
certificates. However, where the applicant for or owner 
of the utility model certificate makes a special request to 
the Institute for the drawing up of a state-of-the-art 
search report, such a report shall also be drawn up for the 
utility model certificate. 
Opposition by Third Parties 
Art. 161. Within three months following the publica­
tion of the application, any person or entity having an 
interest therein may oppose the application for the grant 
of a utility model certificate, stating the reasons therefor. 
The grounds for opposition shall be that the requirements 
for the grant of a utility model certificate are allegedly 
not fulfilIed, and in particular that the subject matter 
lacks novelty in terms of Article 156 or that the descrip­
tion is inadequate, not being sufficiently explicit and 
comprehensive to permit the implementation of the in­
vention. 
Documentary evidence in support of the opposition 
shall be enclosed with the statement of opposition, which 
shall be made in writing. 
On the expiry of the opposition period, the Institute 
shall notify the applicant of the oppositions filed. 
The applicant may, within three months of being no­
tified of the oppositions filed, submit a duly reasoned 
response to the said oppositions, or amend the claims if 
he sees fit or request the Institute to issue the certifi­
cate without taking the oppositions filed into consider­
ation. 
The conrts shall have jurisdiction over allegations 
that the applicant is not entitled to request a utility model 
certificate. Oppositions filed with the Institute that make 
such allegations shall not be entertained. Decision of the Institute, Grant of a Utility Model 
Certificate and Publication 
Art. 162. Where the applicant has filed his response to 
the objections raised or made the amendments requested, 
or where the period allowed the applicant to respond to 
such objections has lapsed, the Institute shall decide 
whether or not to grant the utility model certificate with­
out taking third-party objections into consideration and 
shall notify the applicant of its decision, requesting pay­
ment within three months of the fee prescribed by the 
Regulations. 
Where the prescribed fee is not paid within three 
months of the date of notification, or where no request 
for an extension of the said period is filed, the utility 
model certificate shall not be issued and the application 
shall be deemed withdrawn. 
The description referred to in Article 61 of this 
Decree-Law shall not be published for a utility model 
certificate. 
The State shall not guarantee the genuineness and 
usefulness of the subject matter of a utility model certif­
icate. 
The issue of a utility model certificate shall be pu b­
lished in the relevant Bulletin. The publication shall In­
clude the following particulars: 
(a) the number of the certificate; 
(b) the classification code or codes of the invention; 
(c) the title, which shall clearly describe the subject 
matter of the invention; 
(d) the name, nationality and domicile of the owner 
of the certificate; 
(e) the abstract; 
(f) the date and number of the issue of the Bulletin in 
which the application for a utility model certificate was 
published; 
(g) the date of issue of the certificate; 
(h) a statement announcing the possibility of inspect­
ing the documentation concerning the utility model cer­
tificate, and objections raised and the response to those 
objections. 
Objections A!leging Deficiencies of Form Filed 
After the Grant of a Utility lv/ode! Certificate 
Art. 163. Third parties are entitled to file objections 
with the Institute against the grant of a utility model cer­
tificate on grounds of non-fulfillment of· the require­
ments of form specified in Articles 42 to 52, with the 
exception of Article 45 on unity of invention. It is not 
necessary to have filed an objection earlier, on publica­
tion of the application for a utility model certificate, in 
order to file an objection under this Article. 
Where the Institute finds on examination that one of 
the acts to be performed in the procedure for the grant of 
a utility model certificate as provided in Articles 42 
to 52, with the exception of the provision on unity of invention, has not been performed, or where the Institute 
has itself omitted to perform an essential procedural act, 
the Institute's decision to rectify the said deficiency in 
response to an objection raised shall have the effect of 
cancelling the administrative acts relating to the grant of 
a utility model certificate retrospectively to the stage in 
the procedure at which the deficiency arose and to re­
sume the procedure from that stage onwards. 
Form and Term of Protection 
Art. 164. The owner of a utility model certificate shall 
enjoy the same protection as is conferred on the owner of 
a patent. 
A utility model certificate is granted for a non-renew­
able term of 10 years from the filing date of the applica­
tion. 
Certificates of addition in terms of Article 121 of this 
Decree-Law shall not be granted in respect of utility 
model certificates. 
Invalidation of a Utility Model Certificate 
Art. 165. A utility model certificate shall be declared 
invalid by the competent court in the following circum­
stances: 
(a) where it is established that the subject matter of 
the utility model certificate does not comply with the 
provisions of Articles 154, 155 and 156 of this Decree-
Law; . 
(b) where it is established that the invention to which 
the utility model certificate relates has not been de­
scribed in a sufficiently explicit and comprehensive 
manner for a person skilled in the field to carry it out; 
(c) where it is established that the subject matter of 
the utility model certificate goes beyond the scope of the 
application filed, or goes beyond the scope of the appli­
cation as originally filed where the utility model certifi­
cate is based on a divisional application filed under 
Article 45 or on an application filed under Article 12; 
(d) where it is established that the owner of the utility 
model certificate does not have the right to such a certif­
icate under Article 157. 
Invalidation of the utility model certificate may be 
sought by third parties who have suffered prejudice, by 
interested official bodies acting through the Public Pros­
ecutor or by persons entitled to apply for the utility 
model certificate under subparagraph (d) of the first 
paragraph of this Article. 
In order to be eligible to seek invalidation of a utility 
model certificate, third parties who have suffered preju­
dice and interested official bodies must have filed oppo­
sition under Article 161. 
Invalidation of a utility model certificate may be 
sought at any time during its term of protection. IP /N/I ITURlP / I 
Page 39 
Only the inventor or his successors in title shall have 
the right to claim that the owner of the utility model cer­
tificate is not entitled to such a certificate under Arti­
cle 157. In such a case, Article 12 of this Decree-Law 
shall apply. 
Where the grounds for invalidity concern only part of 
the utility model certificate, it shall be decided that the 
said certificate is to be invalidated in part, by cancella­
tion of the claim or claims relating to the part concerned. 
A single claim may not be invalidated in part. 
. Where partial invalidity has been declared, the utility 
model certificate shall remain in force with respect to the 
claims that have not been cancelled, provided that those 
claims comply with the provisions of Articles 5 to 7 of 
this Decree-Law. 
Where the utility model certificate is issued without 
regard to reasoned third-party opposition and where, on 
grounds of a causal relation to the opposition filed, the 
court has decided to invalidate the utility model certifi­
cate under this Article, third parties who have filed oppo­
sitions and have suffered prejudice shall have the right to 
claim compensation from the owner of the invalidated 
utility model certificate. 
Application of Patent Provisions 
Art. 166. In the absence of provisions specifically ap­
plicable to utility model certificates, the provisions of 
this Decree-Law on patents shall apply also to utility 
model certificates insofar as they are not incompatible 
with the characteristics of utility model certificates. 
Conversion of an Application for a Utility Model 
Certificate into a Patent Application 
Art. 167. The applicant for a utility model certificate 
may request the Institute to convert the application con­
cerned into a patent application prior to the Institute's 
decision to grant the utility model certificate. 
The Institute shall notify the applicant, within a 
month of the application for a utility model certificate, 
that the said application will be further prosecuted as a 
patent application, and shall inform him of the docu­
ments to be submitted to that end. The applicant shall file 
the documents requested within a month of the date of 
notification by the Institute. Where the applicant fails to 
file the required documents within the said period, the 
request for conversion shall be deemed not to have been 
made and the application in question shall be further 
prosecuted as an application for a utility model certifi­
cate. 
When the application for a utility model certificate is 
converted into a patent application, the application for a 
utility model certificate shall become void. 
When the application for a utility model certificate is 
converted into a patent application, any priority rights 
claimed under the application for a utility model certifi-IPINI 1 ITUR/PI 1 
Page 40 
cate shall inure to the benefit of the patent application, 
which shall be effective as from the filing date of the ap­
plication for a utility model certificate. 
Following the filing by the applicant of the docu­
ments required under the fourth paragraph of this Article, 
the conversion of the application for a utility model cer­
tificate into a patent application shall be published in the 
Bulletin. The date and number of the issue of the Bulletin 
in which the application for a utility model certificate 
and its enclosures were published shall also be men­
tioned in the said publication. 
Conversion of a Patent Application into an 
Application for a Utility Model Certificate 
Art. 168. The provisions of Article 65 of this Decree­
Law shall apply to the conversion of a patent application 
into an application for a utility model certificate. 
Registration of the Subject Matter of a Utility Model 
Certificate as an Industrial Design 
Art. 169. The subject matter of a utility model certifi­
cate may also be registered as an industrial design, in 
which case the provisions of the relevant Law shall 
apply. 
Impossibility of Granting Both a Utility Model 
Certificate and a Patent for the Same Invention 
Art. 170. A patent and a utility model certificate may 
not both be granted for an invention having the same 
subject matter. The conversion of a patent application 
into an application for a utility model certificate, or vice 
versa, may be carried out only in accordance with the 
provisions of Articles 65,167 and 168. 
PART XII 
PERSONS AUTHORIZED TO ACT AND AGENTS 
Persons Authorized to Act 
Art. 171. The following persons shall be authorized to 
act in dealings with the Institute: 
(a) natural persons or legal entities; 
(b) patent agents entered in the records of the Insti­
tute. 
Legal entities shall be represented by the person or 
persons who have been duly empowered by their autho-
rized bodies. . 
Persons domiciled abroad shall always be represented 
by patent agents. Where an agent has been appointed, all procedures 
shall be executed through the agent. All notices served 
on the agent shall be deemed served on the principal. 
PART XIII 
PAYMENT OF FEES AND 
LEGAL EFFECTS THEREOF 
Payment of Fees and Legal Effects Thereof 
Art. 172. The fees set forth in the Regulations for a 
patent application and for a patent shall be paid by the 
patent applicant or owner or by the patent agent. 
The Institute shall notify the patent applicant or own­
er or the patent agent of the period for the payment of all 
fees payable under the Regulations and specified therein. 
Where a fee for a particular formality is not paid with­
in the period specified in the Regulations, the said for­
mality shall produce no effect or result as from the date 
on which the applicant is notified of the situation by the 
Institute. 
Where the prescribed fees for the grant of a paten! 
have not been paid within the period provided for in this 
Decree-Law, the patent application shall be deemed 
withdrawn. 
Annual Fees 
Art. 173. The annual fees specified in the Regulations 
for the maintenance of the validity of a patent application 
or patent shall be paid one year in advance throughou t 
the term of protection of the patent. The said annual fees 
shall be payable every year on the month and day corre­
sponding to the month and day of the filing date of the 
application. 
Where the annual fees are not paid within the period 
specified in the first paragraph of this Article, they may 
be paid within a period of grace of six months thereafter, 
subject to payment of a surcharge. 
Where the annual fees are not paid within the period 
specified in the first paragraph of this Article, the patent 
rights shall lapse on the last possible day for payment 
thereof. 
PART XIV 
FINAL PROVISIONS 
Provisions Repealed 
Art. 174. Article 174 is repealed by virtue of the fol­
lowing provision of Law No. 4128, dated November 7, 
1995: "The Patent Act dated March 10, 1296 (March 23, 
1879), and its additions and amendments, and also 
Article 174 of the Decree-Law are repealed." 
Entry into Force 
Art. 175. This Decree-Law shall enter into force on 
the day of its publication. 
Implementation 
Art. 176. This Decree-Law shall be implemented by 
the Council of Ministers. 
TRANSITIONAL PROVISIONS 
Application of Previolls Provisions 
Transitional Art. 1. The provisions of the legislation 
in force on the filing date of the applications concerned 
shall apply to patent applications filed prior to the entry 
into force of this Decree-Law. 
Without prejudice to acquired rights in relation to all 
acts of transfer and inheritance and all license agree­
ments concluded and registered prior to the entry into 
force of this Decree-Law, the provisions of this Decree­
Law shall apply to any subsequent procedural acts and 
changes relating to such matters. JP/NIIITUR/P/1 
Page 41 
Production of State-of-the-Art Search Reports 
Prior to the Establishment by the Institute 
of the Necessary Organization 
for the Production of Such Reports 
Transitional Art. 2. The state-of-the-art search report 
to be drawn up by the Institute under this Decree-Law 
shall be drawn up by intemationally recognized search 
authorities until such time as the Institute has established 
an organization for the production of such reports. 
Payment of Annual Fees 
Transitional Art. 3. With regard to patent applications 
that have lapsed for non-payment of annual and other 
fees within the prescribed periods, patent rights shall be 
restored when the fees payable for previous years are 
paid, as provided in the Regulations, together with a sur­
charge amounting to twice the amount of the fees due, 
within six months following the date of notification by 
the Institute. This provision shall apply only when the 
term of protection of the patent has not already expired. 
Protection of Pharmaceutical Products and of 
Processes for the Production Thereof 
Transitional Art. 4. The patent protection of pharma­
ceutical and veterinary products and of processes for the 
production thereof under this Decree-Law shall com­
mence on January I, 1999. IP/NIlITURlPll 
Page 42 
THE IMPLEMENTING REGULATIONS 
UNDER THE DECREE-LAW NO 551 PERTAINING 
TO THE PROTECTION OF PATENT RIGHTS 
PART ONE 
Object, Scope, Foundation and Definitions 
Object 
Article 1 -The object of this Regulation is to protect the inventions by means of granting 
Patents or Utility Model Certificates in order to encourage the inventive activity, and contribute to 
the realization of technical, economic and social development. 
Scope 
Article 2 -This Regulation encompasses the principles, the rules and the conditions for 
issuing Patents or Utility Model Certificates to inventions found to be appropriate for protection 
within the industrial property rights. 
Legal Foundation 
Article 3 -These Regulations have been prepared under the provisions of The Decree-Law 
No 551 Pertaining to the Protection of Patent Rights, Paris Agreement and the Patent Cooperation 
Treaty. 
Definitions 
Article 4 -For the purposes of this Regulation the following shall mean; 
a) Institute 
b) Decree-Law 
c) Search Report 
d) Schedule of Fees 
e) Paris Agreement 
f) Bulletin 
g) Patent Cooperation 
Treaty Turkish Patent Institute, 
The Decree-Law No 551 Pertaining to the Protection 
of Patent Rights dated 24.6.1995, 
Search report on the state-of-the-art, 
Schedule of Fees to be administered by the Turkish 
Patent Institute in accordance with Articles 6/f and 25 
of the Decree-Law no 544, 
The Paris Convention for the Protection of Industrial 
Property of March 20, 1883, 
Official Patent Bulletin. 
The Treaty establishing the international application 
system for patents that has been approved and 
acceded to with the Law No 4115 dated 717/1995., IP/N/lITURlPIl 
Page 43 
h) Preliminary The examination report prepared by the International 
Examination Report: Examining Authority under the provisions of the 
Patent Cooperation Treaty. 
PART TWO 
Formalities with Respect to Patents 
SECTION ONE 
Patent Application and Physical Requirements 
Patent Application and Annexes 
Article 5 -It is necessary to file an application with the following elements in order to obtain 
a patent: 
a) application petition, 
b) description specifying the invention, 
c) claim or claims with respect to the elements of the invention for which protection is 
requested, 
d) drawings referred to in the description, claim or claims, 
e) abstract, 
f) receipt for the payment of the application fee. 
The amount of the application fee is indicated in the Schedule of Fees. For the validity of a 
patent application the application fee as prescribed in the Schedule of Fees must be to paid at the 
time of filing the application or at the latest within seven days of the filing of the application 
without the obligation of any fUliher notice. Where the application fee has not been paid within this 
period, the application shall be deemed to have been withdrawn. Under such circumstances, the 
application shall be deemed not to have had any validity from the outset. 
The fee for requesting a one month extension for the filing, at the Institute or at the receiving 
office authorized by the Institute, of the Turkish translations of the description, claim or claims and 
the abstract submitted as specified in the Article 42 of the Decree-Law in English or French or 
German shall be prescribed in the Schedule of Fees. An additional three month extension period 
may be also be requested for the filing of the Turkish translations. The request for the additional 
extension period is to be filed with the filing of the application or before the first extension period 
of one month expires, and the fee prescribed in the Schedule of Fees is to be paid with the request. 
In the case of failure to file the Turkish translations within the specified period and the non-payment 
of the fee as prescribed in the Schedule of Fees the application shall be rejected. The rejected 
application shall be deemed not to have had any validity .from the outset. 
A 3 month extension shall be allowed in addition to the 20 and 30 months specified under 
Articles 22 and 39 of the Patent Cooperation Treaty for the filing of applications. For applications 
filed within the extension period the application fee prescribed in the Schedule of Fees shall be paid 
with a 50% surcharge. . 
According a Filing Date 
Article 6 -Patent application shall be accorded a filing date as of the date, hour and minute 
when the elements specified in subparagraphs (a), (b), (c), (d), and (e) of the first paragraph of 
Article 5 of these Regulations have been deposited at the Institute or at the office authorized by the 
Institute. IPINIlITURlPI 1 
Page 44 
Application Petition 
Article 7 -The application petition samples of which are hereby attached as Annexes 1 and 2 
of this Regulation shall contain the following: 
a) title of the invention, 
b) information concerning the applicant or the applicants: name, nationality, address, postal 
code, telephone number, fax number, country, 
c) if an agent is appointed, information concerning the agent: name, nationality, address, 
postal code, telephone number, fax number, country, 
d) reference number of the applicant or the agent, 
e) if priority is claimed, information with respect to the application on which the priority is 
based: country ofthe application, the date and the number, 
f) information concerning the -inventor: name, nationality, address, 
g) where the applicant is not the inventor, declaration concerning how the right to apply has 
been obtained, 
h) where the application is related to an earlier dated patent or a utility model application or 
a Patent or Utility Model Certificate, infonnation concerning the earlier application or the 
Certificate: date, number, divisional application, patent of addition, 
i) number of the pages of the description, the abstract and the drawings, number of the 
claims, 
j) the date and the signature of the applicant or the agent, 
k) class(s) code(s) under the international classification. 
Description 
Article 8 -Description must be drafted explicitly and in sufficient detail that would enable a 
person skilled in the related technical field of the subj ect matter to carry out the invention. All of 
elements of the invention subjected to patent is to be disclosed without concealing anything. The 
description does cover the following sections. 
a) Title of the invention: The description shall be headed with the title of the invention as 
indicated in the petition. Title of the invention describes the invention and does not contain terms in 
the nature of a trademark. Preferably it is made up of between 2 to 7 words. 
b) The technical field to which the invention relates and the state-of-the-art: It states the 
technical field to which the invention relates. Both local and international similar inventions are 
described in detail in order to enable the examination, searching and understanding of the invention . 
. Furthermore, it describes in detail the differences between the invention for which protection is 
sought and the other patents granted in other countries to enable comparisons by refen-ing to the 
relevant literature. The state-of-the-art is described insofar as it is known to the applicant that would 
be useful in the examination, search and understanding of the invention, and preferably documents 
relating to the prior art are indicated. 
c) Technical problems to be solved by the invention: The technical problem or problems 
intended to be solved by the invention are described. This section discloses the technical problem 
and its solution in a comprehensible manner even ifnot explicitly referred to as a technical problem, 
and it states, if any, the advantages of the invention by referring to the state-of-the-art. 
d) Explanation of the drawings: If any, each drawing is explained briefly, the numbers and 
the titles of all the parts as shown in the drawings are described, IPINI 1 ITUR/PI 1 
Page 45 
e) Explanation of the invention: In this section the invention is described by referring, if any, 
to the drawings. While describing the parts and their functions, the numbers relating to the figures 
are indicated in parentheses. In this section the invention is disclosed in detail such a way without 
leaving any doubt and without leading to any misunderstandings. 
None of the information concerning the workings, operation and other technical features 
should be withold from disclosure. Everything concerning the invention for which the protection is 
sought is disclosed very extensively in order to realize a widespread dissemination of the 
information with respect to the invention. 
f) The mode of invention's industrial application: This section describes the manner in which 
the invention is to be exploited and utilized in the industry. . 
Claim or claims 
Article 9 -An application may contain one or more claims. Claim or claims define the 
elements of the invention for which the protection is sought. 
EvelY claim should be clear and concise. Claim or claims are based on the description. 
Claim or claims cannot extend beyond the contents of the invention as it is disclosed in the 
description. 
Claims are formulated in sufficient number to indicate the elements of the invention in detail 
taking into consideration the principle inventive idea. The claims are numbered consecutively. 
In the claims, invention cannot be defined as a desired objective to be attained. 
Claims cannot be explained by relying on references to the description and the drawings, and 
cannot be designated by references such" as described in the ......... part of the description" or " as 
shown in figures ........ of the drawings". 
Where the application contains drawings, the technical characteristics mentioned in the 
claims shall be followed by marks referring to these technical features. When marks are used, they 
shall be given in parentheses. 
In an independent claim all of the principle features ofthe invention must be stated. 
An independent claim may be followed by one more dependent claims where necessary in 
order to indicate clearly the technical attributes of the invention. 
A dependent claim must contain all of the features of the claim it depends upon. If possible, 
a reference should be made to the independent claim at the beginning when starting to state the 
depending claims and the supplementary features desired to be protected should be described. All 
dependent claims, referring to an earlier claim or claims, should be grouped as much as practically 
possible. 
Claim or claims shall contain a section which describes the technical features of the 
invention which are necessary for the definition of the claimed subject matter, but which when in 
combination with the section that describes in a concise manner the technical features described for 
protection, by utilizing such words as " characterized by", "characteristic of'. IP/N/1/TUR/P/1 
Page 46 
The last page of the claims is to be signed and dated by the applicant or by the applicant's 
agent. 
Drawings 
Article 10 -Where the description of the machine, equipment, product or the process which 
is the subject matter of the invention require drawings, such drawings shall be prepared as described 
below. 
Flow charts and diagrams are accepted as drawings. 
Drawings shall not contain any text, however when it is indispensable for clarification a 
single word or words such as water, steam, open, closed, AB section, or short expressions as in the 
case of electric circuits, block diagrams or flow charts may be llsed to enhance the understanding. 
Figures, important parts and sections are numbered consecutively in the sequence as they 
appear in the description. 
Unless it is essential with respect to the invention measures are not given on the drawings. 
In exceptional cases where the measurements are given technical drawing ntles shall be followed. 
Drawings shall be rendered in permanent black ink with well defined lines and dense and 
dark strokes without using any colours. 
Cross sections shall be depicted with slanted lines which should not impair the visibility of 
the reference signs and the main lines of the figure. 
The scale of the drawings and the clarity of their manner of depiction shall be such to enable 
all details to be distinguished without difficulty even when the photographical reproduction of the 
drawing is reduced to a two-thirds size. 
All lines in the drawings are to be drawn with the use of drawing instnrments. 
The height of the numbers and letters can not be less than 0.32 cm. When lettering the 
drawings, with respect to their technical fields Latin and Greek alphabets shall be used. 
A single page may contain several figures. Where a single complete figure is made up of the 
figures depicted on two or more pages, the figures on the several sheets shall be arranged so that the 
complete figure can be assembled by bringing the sheets together without concealing any part of 
anyone of the figures appearing on different sheets. 
The different figures on a page or pages shall be presented clearly separated from one 
another preferably in an upright position and without leaving empty space. Where the figures are 
not placed in an upright position, they shall be presented sideways with the top of the figures being 
placed at the left side of the sheet. 
Reference signs which are not used in the description shall not be mentioned in the drawings, 
and reference sings which are not used in the drawings can not be mentioned in the description. 
Where reference signs are used, the same features shall be denoted by the same reference 
signs throughout the application. IPIN/lITURlPI1 
Page 47 
Where a large number of reference signs are used in the drawings, a separate sheet shall be 
attached, to be placed after the descriptions and before the claims, listing all of the reference signs 
and the features denoted by these signs. 
The total number of drawing pages and the relevant page number shall appear on each page 
of the drawings. 
Each page of the drawing is to be signed and dated by the applicant or by the applicant's 
agent. 
The applicant shall indicate in the petition the number of the drawing that will be published 
with the abstract and which is not part of the prior art. 
The Abstract 
Article 11 -The abstract serves only the purpose of supplying technical information. It 
cannot be used for other purposes, and can not in particular be used for the interpretation of the 
scope of the protection sought. The abstract cannot in particular be used for defining the scope of 
protection and the state-of-the-art. 
The abstract shall contain the basic elements as disclosed in the description, the claims and if 
any the drawings, and shall denote the technical field to which the invention relates. It gives a clear 
understanding of the technical problem, the essence of the solution of the problem to which the 
invention aims at and the principle use or uses of the invention. 
Where it is necessary, the chemical formula which best characterizes the invention among all 
of the fOlmulae contained in the application, shall be stated in the abstract. 
The abstract shall be brief and concise as much as the disclosure enables. Preferably it shall 
be between 50 to 100 words. 
The abstract shall not contain declarations on the supposed merits or the value of the claimed 
invention or ofthe speculative applications. 
Each important technical characteristic mentioned in the abstract and depicted by a drawing 
shall be followed by a reference sign, and this sign shall be placed between parentheses. 
Document Evidencing the Payment of the Application Fees 
Article 12 -The application fee and the duty must be paid on the application date or latest 
within seven days of the application date without the need of any further notice and the original 
receipt evidencing the payment of the relevant duty and fee has to be lodged at the Institute. 
Priority Documents 
Article 13 -Where a priority has been claimed, a copy of the priority document obtained 
from the country of the receiving office of the earlier application giving rise to the priority and the IP /NI lITURlP 11 
Page 48 
Turkish translation of the section containing the identifications must be lodged at the filing of the 
application or within three months of the filing date of the application. 
Where the documents as referred hereabove are not lodged within the prescribed period the 
application shall be processed as having no priority. 
Terminology and Signs 
Article' 14 -The following terminology and signs shall be used m an application. A 
consistent use shall be made of the terminology and sings. 
a) Units of weights and measures shall be expressed in metric system or if first expressed in 
a different system shall also at the same time be expressed in the metric system. 
b) Temperatures shall be expressed in Celsius degrees or if first expressed in a different 
system shall also at the same time be expressed in Celsius. 
c)The international mles shall be followed in using indications for heat, energy, light, sound 
and magnetism, and also for mathematical formulae and electrical units. For the chemical formulae, 
the atomic weight, molecular formulae and symbols in general use shall be utilized. 
d) As a mle only the generally accepted technical terms, signs and symbols should be used. 
Unity ofInvention 
Article 15 -Those applications which do not comply with the provisions of the first 
paragraph of Aliicle 45 of the Decree-Law, upon the request of the Institute shall be divided into 
separate applications. 
Institute shall allow the applicant six months for making the necessary alterations. 
Divided Applications 
Article 16 -Each separate application stemming from an application divided in accordance 
with Article 15, conditional to staying within the scope of the original application, shall be accorded 
the filing date as of the filing date of the original application. Where a priority has been claimed, the 
priority right shall extend to the divided applications. 
Applicant of a divided application, shall request from the Institute on the filing date of the 
application that the state-of-the-art search should be carried out, and shall pay the fee as prescribed 
in the Circular of Fees within three months of the request date. 
Where the applicant does not request the state-of-the-art search or fails to pay the search fee 
in accordance with this article, the application shall be considered to have been withdrawn. 
Convention Priority 
Article 17 -Priority rights on the basis of the Paris Convention can be enjoyed only upon 
request. IP /Nil ITUR/P /1 
Page 49 
The twelve month period for claiming priority shall start from the date of filing of the first 
application, the day of filing is not included in this period. 
If the last day of the period is an official holiday in Turkey or has coincided with a day when 
the Institute is closed for receiving applications, the period shall be extended until the end of the 
working hours ofthe next day. 
PART TWO 
Physical Characteristics of the Documents to be Submitted at Filing 
Number of Copies 
Article 18 -The documents to be submitted to the Institute shall be filed as: 
a) application petition, one copy 
b) description, three copies 
c) claim or claims, three copies 
d) drawings, three copies 
e) abstract, three copies 
Fitness for Reproduction 
Article 19 -All elements of the application, namely the application petition, the description, 
the claim or claims, the drawings and the abstract shall be presented in such a manner that would 
allow direct reproduction of multiple copies by photography, electrostatic processes, photo offset 
and microfilming. 
The sheets shall not be folded and shall be free of holes and creases. 
Only one side of each sheet shall be used. 
Each element of the application, namely the description, the claim or claims, the drawings 
and the abstract shall start on a new page. 
All sheets of the application shall be bound together in such a way that would allow easy 
pemsal and also allow for easy separation and rejoining ofthe sheets for reproduction purposes. 
Size of the Sheets 
Article 20 -All the elements of the application, namely the application petition, the 
description, the claim or claims, the drawings and the abstract shall be prepared on A4 ( 29.7 cm X 
21 cm) size sheets. 
Margins IP/N/IITURlP/l 
Page 50 
Article 21 -The minimum margins of the sheets containing the description, the claim or 
claims and the abstract shall be 2 cm from the top, 2.5 cm from the left, 2.5 cm from the right and 2 
cm from the bottom; the recommended maximum margins shall be 4 cm from the top, 4 cm from 
the left, 3 cm from the right and 2 cm from the bottom. 
For the sheets containing the drawings, the usable space shall not exceed 26.2 cm x 17.0 cm. 
The sheets shall not contain frames around the usable or used surface area. Minimum margins are 
2.5 cm from the top, 2.5 cm from the left, 1.5 cm from the right and 1.0 cm from the bottom. 
Numbering of Pages 
Article 22 -All pages of the elements of the application shall be numbered in consecutive 
numerals in the order ofthe description, the claim or claims and the abstract. 
The numbers shall be centered either at the top or the bottom of the sheet, and shall not be 
placed outside the margin. 
Numbering of Lines 
Article 23 -Every fifth line of each sheet of the description and each sheet of the claims shall 
be numbered. The numbers shall be placed in the right half of the left margin. 
Writing of the Text 
Article 24 -The application petition, the description, the claims and the abstract shall be 
typed or printed by a computer. 
When necessary only graphic symbols and characters, chemical or mathematical formulae, 
certain characters of the Chinese and the Japanese language may be written by hand or drawn. 
The text shall be typed or printed in 1.5 spacing. 
All of the contents of the text shall be typed in a dark permanent color, using characters the 
capital letters of which are not to be less than 0.21 cm high. 
Drawings, Formulae and Tables Contained in the Text 
Article 25 -The application petition, the description, the claims and the abstract shall not 
contain drawings. 
The application petition, the description, the claims and the abstract may contain chemical or 
mathematical formulae. 
The description and the abstract may contain tables; claim or claims may contain tables only 
if it is helpful with respect to the subject matter of the claim. IP/N/1/TUR/P/l 
Page 51 
If the tables and chemical or mathematical formulae cannot be satisfactorily placed in an 
upright position on the sheet, they may be placed sideways on the sheet. On pages where the tables 
and chemical or mathematical formulae are presented sideways, placing is to be done such that the 
tops of the tables or formulae are at the left side of the sheet. 
SECTION THREE 
Examination of the Application as to Compliance with the Formal Requirements 
Article 26 -Upon the filing date of an application becoming final, the Institute shall examine 
the application as to compliance with respect to formal requirements as specified in Articles from 
42 to 52 of the Decree-Law and Articles 5, 7,8,9; 10, 11, 12, 13, 14 and 15 of this Regulation, and 
with respect to physical characteristics as specified in Articles from 18 to 25. 
The Institute shall examine the subject matter of the application with respect to compliance 
with Articles 6 and 10 of the Decree-Law to determine whether or not it is in the scope of non­
patentable subjects and inventions, and whether it is exploitable in industry. Where, the Institute 
finds that the application clearly and without doubt lacks novelty or lacks features of industrial 
applicability the applicant is allowed three months for SUbmitting his observations. 
The Institute after reviewing the opinions of the applicant shall come to a final decision. 
Where the decision is negative, the Institute shall reject the application and submit the justifications 
of the reasonings for rejection. 
Where the examination reveals that within the provisions of Article 53 of the Decree-Law 
the application has deficiencies with respect to formal requirements or that the subject of the 
invention is in the scope of non-patentable inventions, the examination is suspended and the 
applicant is requested to remedy the deficiencies or to submit his objections to the Institute within 
three months. 
The applicant, at this stage of the procedures, may amend the claim or the claims or divide 
the application into fmiher divisional applications. 
The Institute shall reject the application in total or in part with respect to claim or claims 
where the objection to the Institute's decision on non-patentability has not been accepted or the 
deficiencies have not been remedied in conformity with the provisions ofthis Regulation. 
Where at the end of the examination under the provisions of this Article, no deficiency is 
found with respect to formal requirements or that the deficiencies have been remedied within the 
provisions of this Regulation, the applicant shall be notified according to the provisions of the third 
paragraph of Article 56 of the Decree-Law that a request should be filed for the execution of the 
state-of-the-art search, unless such request had not been filed earlier, within one month of the 
receipt of the Institute's notice. 
Where during the examination of the patent application, the invention for which patent is 
requested undergoes partial or total changes, the filing date shall become the date on which such 
changes are filed. 
Publication of the Application IPINll/TURlP/l 
Page 52 
Article 27 -The Institute shall publish the application in the Bulletin at the end of the 18th 
month period from the filing date or if priority is claimed from the date of priority. 
The published applications are periodically announced in the Bulletin. The publication shall 
contain the following elements: 
a) application date and number, 
b) the applicant's name, nationality and residential address, 
c) the name, nationality and address of the inventor, 
d) if appointed, the name and address of the agent, 
e) title of the invention, 
f) the country, date and number of the priority, 
g) class(es) code(s) of the invention, 
h) abstract, 
i) description, 
j) claim or claims 
k) drawings. 
Request for Carrying out the Sate-of-the-art Search 
Article 28 -The applicant shall request from the Institute, within 15 months of the filing date 
of the application or of priority date if priority is claimed, that the state-of-the-art search should be 
carried out, and shall pay the prescribed fee in the Circular of Fees within three months of the 
request date. 
Where the period specified in the first paragraph of this Article has expired at the time of the 
notification provisioned in the sixth paragraph of Article 54 of the Decree-Law, the applicant shall 
file the request for search on state-of-the-art and pay the fee prescribed in the Schedule of Fees 
within one month of the receipt of the notification. 
'Nhere the applicant does not file the request for search on the state-of-the-art as provisioned 
in this Article or does not pay the relevant fee the application shall be deemed to have been 
withdrawn. 
A request for search on the state-of-the-art with respect to a patent-of-addition application 
may be filed only if such request is filed simultaneously with the filing of the request for the main 
patent application or that a search has been carried out or request has been filed with respect to the 
previous patent-of-addition applications. The provisions from the first to the fourth paragraphs of 
this Article shall also apply with respect to patent-of-addition. 
Inability of Conducting the Search Report due to Insufficiency 
Article 29 -If the insufficiency of the description or the claim or claims, has resulted in the 
inability of drafting the search report, three months shall be allowed for remedying the 
insufficiency. Where the insufficiency is not remedied within these periods the appJication shall be 
rejected. In case of partial insufficiency, the search report shall be prepared for the claim or claims 
which are sufficient enough. 
Observations within the System for Granting Patents Without Examination IP/N/lITURlPll 
Page 53 
Article 30 -Third parties, within six months of the publication of the search report as 
provisioned in Article 60 of the Decree-Law, may submit their observations to the Institute with the 
following particulars cited herewith: 
a) the date and number of the bulletin in which the related application has been published, 
b) documents evidencing the observations, 
c) the name and address of the party submitting the observation. 
Oppositions within the System for Granting Patents with Examination 
Article 31 -Third parties, in accordance with Article 62 of the Decree-Law may submit their 
objections to the search report within six months of the publication of the search report. The 
following particulars cited herewith shall be enclosed with the opposition. 
a) the date and number of the bulletin in which the related application has been published, 
b) documents evidencing the opposition, 
c) the name and address of the party submitting the opposition. 
Request for Examination and the Payment of Fees 
Article 32 -Upon the publication of the search report in accordance with the provisions of 
Article 57 of the Decree-Law and within the 6 month period of the publication date, the applicant 
shall file, in order to obtain a patent with examination, a request at the Institute for the substantive 
examination as to determining that the invention being sufficiently defined is a novel invention and 
involves an inventive step. 
Before the commencement of the examination, the third party opposition period of six 
months has to expire, and the fee prescribed in the Circular of Fees should be paid. The examination 
fee may be paid any time within the period as specified above. Where the request for examination 
has not been made or the fee has not been paid the application shall be evaluated and processed 
within the system for granting of patents without examination. 
Converting a Patent Application into an Application for a Utility Model 
Article 33 -The applicant, subject to complying with the following conditions, may request 
that the subject matter of the application be protected by the grant of a utility model certificate. 
a) The request, under the system of granting patent without examination, may be filed latest 
by the termination of the period specified in the first paragraph of Article 60 of the Decree-Law for 
the submission of observations conceming the search report. 
b) The request, under the system of granting patent with examination, may be filed until the 
expiry of the periods specified in the fourth paragraph of Article 62 of the Decree-Law for the filing 
of observations or objections submitted in response to the examination conducted by the Institute. 
The protection afforded, as a result of the conversion, to the subject matter of a patent 
application within the scope of utility model certificate shall be valid as of the filing date of the first 
application or if priority has been claimed as of the date of priority. 
The Institute, following the examination concluded in accordance with Article 54 of the 
Decree-Law and Article 26 of this Regulation, may propose the applicant to consider converting the 
patent application into an application for a utility model certificate. The applicant is free either to 
accept or to reject this proposal. Where the applicant does not respond to the Institute's proposal of 
change with a request of conversion, the proposal shall be deemed to have been rejected. In such a JP/N/1/TUR/P1l 
Page 54 
case, the proceedings with respect to processing the subject of application, shall continue within the 
framework of patent granting procedures. 
Where the applicant requests a conversion for obtaining a utility model certificate instead of 
a patent, the applicant shall be notified that the application shall be processed as being converted 
into a utility model application and shall be requested that the necessary documents to be submitted 
thereof. The applicant shall be allowed three months for the filing of such documents. 
'Where the applicant fails to submit the documents requested within the prescribed period, 
the request for conversion shall be deemed not to have been made and the application shall be 
processed as a patent application. 
The Institute's decision, reached subsequent to the publication of the application, shall also 
be published in the bulletin. 
Inspection of the Patent Application Files 
Article 34 -The file relating to a patent application or a patent may be inspected after the 
publication of the application within the constraints and under the surveillance of the Institute 
personnel as specified below. 
a) Inspection may only be done within the premises of the Institute. 
b) Inspection may not extend to the Institute's internal communications. 
c) The identities of the third parties who have requested inspections may not be revealed. 
d) Inspection may not extend to documents and communications related with the compulsory 
licenses and employee's inventions. 
e) The identities of those inquiring to find out whether the annual fees have been paid are not 
revealed. 
f) The identities of the requesting parties and the contents of their requests for inspection of 
the patent application or patent files may not be revealed. 
PART THREE 
Patent Application and Transactions upon Patents 
Contractual License 
Article 35 -The right to exploit a patent application or a patent may be subject to licensing 
valid for a part or whole of the territory within the national boundaries. 
An application with the following particulars have to be filed at the Institute for the 
recording of the license contract in the Patent Register. 
a) a petition, 
b) license contract signed by the parties, signatures of which to be authenticated, 
c) The original patent certificate or a request for a certified copy of patent if the original 
certificate cannot be submitted." 
d) document evidencing that the official duty and the fee prescribed in the Schedule of Fees 
have been paid, e) power ofattomey. IP/N/1/TURlPlI 
Page 55 
The fee specified in the Schedule of Fees have to be paid before the recording of the license 
contract in the Patent Register. 
Offer for Licensing by the Proprietor of the Patent 
Article 36 -Where the proprietor of a patent is not making use of the patent in accordance 
with the provisions of Article 96 of the Decree-Law, may apply in writing to the Institute declaring 
his offer to grant a license to those interested in exploiting the invention. 
'Where a change of ownership has occurred due to a legal action in accordance with Article 
12 of the Decree-Law, the previous offer for licensing shall be deemed to be withdrawn with the 
recording of the new patent holder in the Patent Register. 
The Institute shall record the offers of licenses in the Patent Register and publish such offers. 
The fee prescribed in the Schedule of Fees have to be paid before such offers can be recorded in the 
Patent Register. The offers for licensing are open to public inspection. The Institute shall take the 
necessary measures to enable such inspections. 
The owner of the patent may withdraw his offer at any time provided that no request has 
been made to the proprietor of the patent. The withdrawal shall have effect as of the date the request 
for withdrawal is filed at the Institute. 
Where the offer for licensing has been recorded in the Patent Register as an exclusive 
license, the owner of the patent may not make additional offers to other parties. 
Anybody entitled to use the invention under a license obtained from an offer for licensing 
shall be considered to be holding a nonexclusive license, and a license granted under the provisions 
of this Article shall legally be considered as a contractual license. 
A request, made after the filing of the offer for licensing, to record an exclusive license in 
the Patent Register shall not be accepted provided that the offer for licensing has been withdrawn or 
that the withdrawal has been accepted. 
Transferring a Patent Application or a Patent Right 
Article 37 -A patent application or a patent right may be transferred to another party. 
An application with the following particulars has to be filed at the Institute for the recording 
of the transfer in the Patent Register. 
a) a petition, 
b) the transfer contract signed by both the assignee and the assignor, and the signatures are to 
be allthenticated, 
c) The original patent certificate or a request for a certified copy of patent if the original 
certificate cannot be submitted." 
d) document evidencing that the official duty and the fee prescribed in the Schedule of Fees 
have been paid, 
e) power ofattomey. IP /NI lITURlP 11 
Page 56 
The fee specified in the Schedule of Fees have to be paid before the recording of the transfer 
in the Patent Register. 
Inheritance or placing in security of a Patent Application or a Patent Right 
Article 38 - A patent application or a patent right may be subject to inheritance or may be 
placed as security. 
An application with the following particulars has to be filed at the Institute for recording in 
the Patent Register the assignment due to inheritance or the particulars of security. 
a) Recording of assignment due to inheritance: 
1) A petition, 
2) Court decision concerning the inheritance, 
3) The original patent certificate or a request for a certified copy of patent if the original certificate cannot be 
submitted, 
4) Document evidencing that the official duty and the fee prescribed in the Schedule of Fees have been paid, 
5) Power of attorney (if applicable) 
b) Recording of the placement of security: 
1) A petition, 
2) Security contract, 
3) The original patent certificate or a request for a certified copy of patent if the original certificate cannot 
be submitted, 
4) Document evidencing that the fee has been paid, 
The fee specified in the Schedule of Fees must be paid before the recording of the 
assignment due to inheritance or the placement of security." 
Obligation to use 
Article 39 -The owner of the patent or the person authorized by him is obligated to use the 
patent. 
The obligation to use must be realized by exploiting the invention within three years from 
the date of the publication in the related bulletin of the announcement concerning the awarding of 
the patent. 
The market conditions shall be taken into consideration in the assessment of use. Technical 
or economic or legal reasons of objective nature such as licensing, compliance with standards, new 
implementations which may have become necessary in different areas shall be accepted as valid 
excuses for the inability of putting the patent to use. These reasons accepted to be as obstacles for 
using the patented invention are those reasons which are beyond the will and control of the 
proprietor of the patent. Information and documents with respect to the legitimate reasons for the 
inability of using/working the patent shall be submitted by the proprietor of the patent to the 
Institute for recording in the Patent Register within three years from the publication date in the 
relevant bulletin of the issuance of the patent. The fee as prescribed in the Schedule of Fees has to 
be paid for such recording. Evidencing of Use IP /NI lITURlP 11 
Page 57 
Article 40 -An official document prepared by the owner of the patent or by the person 
authorized by him, shall contain a declaration on the exploitation of the patent to evidence the use 
before the Institute, and shall be certified by the relevant professional organizations, chambers of 
trade or industry or other related institutions. In case of imports, the import certificate shall 
constitute as the certificate of use. 
No further authentication shall be required of the certification as described III the first 
paragraph. 
The certificate of use shall contain, the date and number of the patent, the title of the 
invention, the date on which the use has started, the name, address and the signature of the person 
making the declaration, and the date of issue. 
The certificate of use and the import certificate shall be recorded in the Patent Register. The 
fee specified in the Schedule of Fees must be paid before the recording. 
The Fee on Requesting the Institute's Mediation 
Article 41 -The fee concerning the request for mediation as provided in the second 
paragraph of Article 104 of the Decree-Law, shall be determined by the Institute separately in each 
case within the framework of the evaluation parameters with respect to the characteristics, the 
demands and the allegations of the application. 
The Amount of the Guarantee 
Article 42 -The amount of the guarantee as provisioned in subparagraph (c) of the second 
paragraph of Article 107; shall be determined by the Institute separately in each case within the 
framework of the evaluation parameters with respect to the characteristics, the demands and the 
allegations of the application. 
The Request for Compulsory Licensing and the Amount of the Guarantee 
Article 43 -The amount of the guarantee as provisioned in subparagraph (b) of the fourth 
paragraph of Article 108, shall be determined by the Institute separately in each case within the 
framework of the evaluation parameters with respect to the characteristics, the demands and the 
allegations of the application. 
Change of Title or of Address 
Article 44 -Where title or the address of the proprietor of a patent application or of a patent 
has changed, for the recording of the change in the Patent Register an application with the following 
particulars have to be filed at the Institute. 
a) Recording of the change in title: 
1) A petition, IP/NI 1 ITURlP/l 
Page 58 
2) The document evidencing the change oftitle, 
3) The original patent certificate or a request for a certified copy of patent if the original 
certificate cannot be submitted, 
4) Document evidencing that the official duty and the fee prescribed in the Schedule of 
Fees have been paid, 
5) Power of attorney. 
b) Recording of the change of address: 
1) A petition, 
2) The document evidencing the change of address, 
3) The original patent certificate or a request for a certified copy of patel!t if the original 
certificate cannot be submitted, 
4) Document evidencing that the official duty and the fee prescribed in the Schedule of 
Fees have been paid, 
5) Power of attorney. 
The fee specified in the Schedule of Fees must be paid before recording In the Patent 
Register of the changes in the title or in the address. 
Certified Copy 
Article 45 -Certified copies of the patents may be requested by the patent holder or by the 
third parties. For this purpose the fee specified in the Schedule of Fees have to be paid. 
Recording in the Patent Register and the Effects 
Article 46 -The applications and the patents are recorded in the Patent Register including the 
fo llowing particulars. 
a) the number of the application, 
b) the number of the patent, 
c) the application date, hour and minute, 
d) the publication date, 
e) the number of the publication, 
f) the date of issue of the patent, 
g) the name, nationality and residence of the applicant or the patent holder, 
h) title of the invention, 
i) the class(es) code(s) of the invention, 
j) the date, the country and the number of priority, 
k) the number of the claims, number of pages of the decription and the drawings, 
1) the period of protection, 
m) the certificate of use, 
n) annual fees, 
0) transfer, licensing, change of title or address, assignment, execution and other similar 
voluntary or compulsory acts. 
p) Summary in Turkish. IPlNllITURlP/l 
Page 59 
The rights arising from a patent application or a patent may not be invoked against third 
parties until they are duly recorded in the Patent Register. 
Periods for the Payment of Fees and the Effects 
Article 47 -The fees prescribed in the Schedule of Fees with respect to a patent application 
and a patent shall be paid by the applicant or by the holder of the patent or by the agent. 
The payment periods with respect to the fees to be paid as prescribed in the Schedule of Fees 
shall be notified in advance by the Institute to the applicant or to the holder of the patent or to the 
agent. 
vVhere a fee with respect to a specific procedure has not been paid within the period as 
specified in this Regulation, that procedure shall be deemed to have not produced any effect and 
outcome as of the date of notification by the Institute to the applicant. 
vVhere the fees with respect to procedures for granting of a patent have not been paid within 
the periods as specified in this Regulation, the patent application shall be deemed to have been 
withdrawn. 
Annual Fees 
Article 48 -The annual fees as prescribed in the Schedule of Fees and required for the 
protection of the patent application or of a patent shall be paid each year in advance at maturity 
during the full term of the protection period. The maturity date is the day and the month of the 
application date. 
Where the annual fees have not been paid within the period as specified in the first paragraph 
of this Regulation, they may be paid within the following six month period of maturity provided 
that an additional fee as prescribed in the Schedule of Fees have been paid. 
Where the annual fees have not been paid within the periods as specified in the first 
paragraph of this Article, the patent right shall expire as of the last date for the payment of this fee. 
PART FOUR 
Applications for Utility Model Certificates 
Examination of the Application as to Compliance with Formal Requirements and Publication 
Article 49 -Upon the filing date of an application for a utility model certificate becoming 
final, the Institute shall examine the application as to the compliance with respect to formal 
requirements as specified in Articles from 42 to 52 of the Decree-Law and the Articles 5, 7,8,9,10, 
11, 12, 13, 14 and 15 of this Regulation, and with respect to physical characteristics as specified in 
Articles from 18 to 25. IPIN/lITURlP/l 
Page 60 
Where the examination with respect to the fonnal requirements reveals a deficiency and that 
the subject matter of the application is not in the scope of the provisions of Articles 154 and 155 of 
the Decree-Law, the processing of the application is suspended. The applicant is informed of the 
Institute's decision and is requested to remedy the deficiencies or to submit his objections to the 
Institute within three months of the notification of the decision. Where the deficiencies are not 
remedied or that changes in the claim or claims are not made or that objections are not filed within 
this period the application shall be deemed to have been withdrawn. 
The Institute after reviewing the opinions of the applicant and of the changes if any, shall 
come to a final decision. The Institute's final decision may be for issuing a utility model certificate 
with respect to all or part ofthe claims. 
Where at the end of the examination with respect to formal requirements no deficiency is 
found or that the deficiencies have been remedied, the Institute shall inform the applicant its 
decision with respect to the continuation of the procedures, and the application is opened to public 
inspection by publishing of the description, the claim or claims, and if available drawings in 
accordance with the provisions of Article 27 of this Regulation. An announcement is published 
within the fonn and conditions as specified in Article 27 of this Regulation .. 
Institute's Decision, Issuance of the Utility Model Certificate and Publication 
Article 50 -Where the applicant has filed his observation with regard to the oppositions, or 
having undertaken the necessary changes or of the lapsing of the period allowed for placing 
observations with regard to the oppositions, the Institute shall decide to grant the utility model 
certificate without taking into consideration the oppositions filed by the third parties, and shall 
notify the applicant of its decision and request the payment of the fee specified in the Circular of 
Fees within three months. 
Where the fee has not been paid within three months of the notification or that a further three 
month period has not been requested, the utility model certificate shall not be issued and the 
application shall be deemed to have been withdrawn. 
Applicability of Provisions Pertaining to Patents and Utility Model Certificates 
Article 51 -Where specific provisions pertaining to utility models are lacking, the 
provisions pertaining to patents shall apply also for the utility models provided that such provisions 
are not irreconcilable with the characteristics of the utility model certificates. 
The time limits afforded for the issuance of utility model certificates shall also apply for the 
issuance of patent with examination and without examination. 
PART FIVE 
Last Provisions 
Provisions Repealed IP /NI lITURlP /1 
Page 61 
Article 52 -The Implementing Regulations Pertaining to the Industrial Property Provisions 
published in the Official Gazette no 9109 dated 21 September 1955 have hereby been repealed. 
Applications of Previous Provisions 
Transitional Article 1 -With respect to the applications filed before the entry into force of 
the Decree-Law, the provisions of the law in force at the date of filing shall prevail. 
The provisions of the Decree-Law shall have effect for all procedures related with transfer, 
inheritance and licensing actions without prejudice to all rights acquired and recorded in the 
Register pr~or to the entry into force of the Decree-Law. 
The provisions of Articles 96, 97 and 98 of the Decree-Law concerning the obligation of use 
and the article 72 concerning the patent period shall have effect equally for the patents granted 
before the entry into force of the Decree-Law. 
The accumulated fees and duties with respect to patent applications filed before the entry 
into force of the Decree-Law shall be paid at their maturity after the entry into force of this 
Regulation without the requirement of any further notification by the Institute. 
The Unpaid Fees and Deficient Documents 
Transitional Article 2 -Deficient documents and the fees which have not been paid during 
the period before coming into force of the Implementing Regulation relating to the Decree-Law No 
551 and Circular on the Schedule of Fees to be administered by the Turkish Patent Institute in 
accordance with Articles 6/f and 25 of the Decree-Law no 544 Pertaining to The Establishment and 
the Functions of the Turkish Patent Institute, shall be remedied within two months of the coming 
into force of the Circular. 
Payment of the Annual Fees 
Transitional Article 3 -Patents or utility model certificates having lapsed due to nonpayment 
of fees and duties, shall regain their validity upon payment within the six months period from the 
date of the notification of the Institute concerning the accumulated fees of the past years plus an 
additional fee in double the value of the due fees accumulated. 
Search Reports 
Transitional Article 4 -Until such time that the Institute establishes the organization capable 
of performing the state-of-the-art searches, the search work required to be undertaken in accordance 
with the Decree-Law shall be performed by the search institutions having international credentials. 
The search reports that have been prepared by the International Searching Authorities 
classified as competent under the Patent Cooperation Treaty or by other authorities with which the 
Institute has arranged a protocol for cooperation with respect to an application or appliGations which 
are the basis of priority for an application filed in Turkey shall be acceptable for processing by the 
Institute. JP /NI lITURlP /l 
Page 62 
The fee prescribed in the Circular of Fees for processing by the Institute of the search reports 
prepared by the relevant institutions shall be payable to the Institute with the filing of the report. 
Where the reports have been prepared in a foreign language other than the English language, 
the Turkish Translation shall also be filed with the report. 
Entry into Force 
Article 53 -This Regulation shall enter into force on the date of pUblication. 
Execution 
Article 54 -The provisions of this Regulation shall be executed by the President of the 
Turkish Patent Institute. 