National Nullity Cases
- Court actions for patent and utility models: Revocation/Partial revocation can be requested within 5 years after termination of the patent right (ex nunc effect in case of decision),
- Typical grounds for nullity cases are identical to the ones defined by Art. 100 EPC and additionally the cases where Art. 52(2) EPC, 53(a) or 53(b) are applicable.
- Non-bifurcated system: In response to an infringement action, the alleged infringer may initiate a nullity action and the court where the second action was filed may decide to hear the cases together.
- European opposition/appeal procedures in parallel with national court procedure: Binding if a national validation of the same European patent in Turkey is concerned. It is likely that the EPO opposition procedure causes stay of national court procedure.
- Expert panel system: A court panel is appointed, whose interpretation of the case will be influential. The judges are legally qualified. The panels are generally composed of technically and legally qualified members.
- Post-grant amendment during court proceedings is a tricky issue: renouncing one or more claims is possible.
