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Patent Invalidation

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 licensing only.

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 further details.

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Service

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“catchy” brand,eligible for
trademark registration …
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Well-Known
Mark

Secure your brand’s well-known
status with registration in Turkey…
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Validations

Take advantage of our expertise to
validate your EPs “safely” and
professionally…
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Plant Breeders’ Rights

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the new variety of a plant in Turkey…
Bilgi Al

Custom Registrations

Register to detain at will any suspected
infringing consignment of goods…
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IP Enforcement

Professional and strategic counselling for protecting and enforcing your IPRs…
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