Litigation
- A patent can be invalidated in part.
- An invalidity action can be instituted up to within 5 years after termination of the patent right.
- Disputes in court proceedings can entail entitlement issues, late submission of facts, evidence and arguments, unsubstantiated grounds, relation between a concerned party and another party of parallel court proceedings already terminated, experimental use exemption to patent infringement and continuing insolvency proceedings with simultaneous patent law disputes.
- Grounds for nullity cases specified are identical to the ones defined in Art. 100 EPC and additionally the cases where Art. 52(2) EPC, 53(a) or 53(b) are applicable.
- In response to an infringement action, the alleged infringer may initiate a nullity action and the court may decide to hear the cases together.
- Proprietors have the right to initiate court actions against alleged infringers. However, alleged infringers can also proactively institute declaratory judgment actions for non-infringement. A party may also file a declaration of non-infringement along with a request to revoke the patent in question.
- The proceedings before the EPO may have a positive or negative impact on the court proceedings in Turkey depending on the arguments of the parties. The legal outcome of the EPO proceedings is legally binding only 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.
- Court panels are appointed, whose interpretation of the case will be influential. The judges are only legally qualified. The final judgment of a court is mostly in line with the report of the panel of experts in revocation and infringement proceedings. The panels are generally composed of technically and legally qualified members.
- A grace period of twelve months is applicable provided that the applicant himself directly discloses part of the technical content of the invention within a period of 12 months prior to the filing or priority date (if any).
