A court action for invalidation of a patent or utility model
can be initiated once such right is granted.
An invalidation action can rely on the fact that
(i) the invention does not meet the patentability requirements, i.e. novelty,
inventive step and industrial applicability (whereas inventive step is not
questioned for utility models);
(ii) the invention has not been described in a sufficiently explicit and
comprehensive manner so as to enable a person skilled in the concerned technical
field to implement same;
(iii) the subject matter of the patent exceeds the scope of the application and
(iv) patent holder does not have true ownership right.
Any of these arguments should be supported by strong evidences. The burden of
proof belongs to the Plaintiff except for the enforcement of process patents.
A non-used patent cannot be a subject of an invalidation action but a compulsory
Provide that a European patent validated in Turkey is related to the case and
opposition proceedings before the EPO are in question, Judge “may” suspend the
case until the outcome thereof upon request by either party.
Only the first instance court takes into consideration the legal and technical
facts of the case in depth. Expert reports are mostly trusted by the Judge and
generally two expert reports are prepared during the first instance since the
first one is opposed by either party.
The appeal court generally reviews the basic legal arguments without entering
into technical details. Therefore, the parties are bounded by the arguments
submitted during the first Instance proceedings. Additional arguments are not
permitted before Supreme Court of Appeals.
Please see “legal environment” directory for court actions, time scales and