"Patent applications that are made to the Turkish Trademark and Patent Authority are published monthly in the official patent bulletin. These published applications may be appealed within six months of publication in the bulletin."
Why to Appeal?
Since an invention in the relevant sector will acquire monopoly by means of registration protection, the invention can be appealed for reasons such as the existence of a known technique prior to the date of filing of the application for registration of the invention or the claims on the invention.
What is Required for Appeal in Turkey?
- The evidence relating to the technical field to which the invention is concerned and which will support the objection,
- The fact that the patent application made does not exceed the known state of the art or does not comply with the manufacturability criterion according to the patentability criteria,
- And the fact that the content of the specification is incompatible with the patent regulation can be put forward.
Patent Appeal Steps in Turkey
After the appeal is made, the applicant is informed of the appeal. The applicant may submit his opinion against the appeal, if any, and his/her evidence within 3 months, or he/she may revise the application or claim by considering the objections made and renewing the application. The applicant may also bring the appeal decision, which is examined by the patent appeal team, to the Industrial Property Court. Or any person or organization that does not object in this process may take the matter of appeal to the Industrial Property Court.