Turkey: Patent And Utility Model Provisions In The Industrial Property Law ("Law") No: 6769

Last Updated: 9 October 2018
Article by Selin Ozbek Cittone

The list of non-patentable subject matters is expanded  

According to Article 82, inventions in all aspects of technology which are novel, contains an inventive step and are industrially applicable may be patented. In consideration of state of the art, it is deemed that an invention, which is not self-evident to an expert in the relevant technical area, contains an inventive step. An invention shall be regarded as being industrially applicable where it is susceptible to be produced or used in any given field of industry. In addition to non-patentable subject matters regulated in Decree Law No. 551 on the Protection of Patent Rights, computer programs are explicitly excluded from patent protection with Article 82. Further, the below listed items do not qualify as inventions:

  1. a) Discoveries, scientific theories, mathematical methods;
  2. b) Plans, rules, methods regarding mental processes, business conducts and games.
  3. c) Computer programs.
  4. d) Products, literary, art and scientific works having an aesthetic quality
  5. e) The presentation of information.

It is stated in the preamble of the Law that computer programs, regarding which there is a debate over whether they can be subject to patents, may enjoy protection under the Law of Intellectual Property Rights. For an invention to qualify for a patent, it should solve a technical problem while on the other than, when computer programs are installed into a computer, they cause physical changes in the memory and the processor. Although these physical changes are deemed as ordinary technical effects, they are not sufficient for computer programs to qualify for patents. To grant patent protection for computer programs, there must be further technical effects beyond these ordinary technical effects and computer programs may be patented along with a technical device/hardware on which further technical effects occurs. For instance, a computer program connected with the operation of a device may be granted with a patent together with such technical device.

Patent application period is shortened

In order to simplify and shorten patent procedures, patent registration term has been decreased to a term between 7 to 27 months, which was previously a term between 17 to 42 months.

System for granting patents without examination is annulled

The system for granting patent without (substantive) examination in the previous regulation was inadequate in providing effective protection to rightsholders and led to disputes between the parties. Following its annulment with the Law, all patent applications are subject to an examination period.

An objection can be made after the registration 

According to Article 99, third parties may object to the decision regarding the grant of a patent within 6 months as of the publication date of the decision in the TP patent bulletin.  This provision aims to reduce the number of cases regarding patent invalidation claims filed before the courts.

Protection terms remain the same

In parallel with previous regulations, it is not possible to extend the protection terms, which are determined as 20 years for patents and 10 years for utility models as per Aarticle 101.

Service inventions/free inventions for state institutions and organizations are extensively regulated.

The distinction in the previous regulation between service invention and free invention is preserved under the Law. However, the scope is extended in relation with public institutions and higher education institutions. Article 113 of the Law regulates that amounts to be paid to employees of the said institutions cannot be less than one third of the income gained from the relevant invention. In case of the use of the invention by the institution itself, the amount to be paid cannot be higher than ten times of the net salary paid to the employee in the month of such payment. Any disputes arising out of the determination of the amount of said payment shall be resolved by arbitration and the applicable arbitration process will be regulated by a secondary regulation to be enacted.

Employee inventions are also regulated more broadly in the Law. Any inventions made by an employee during the course of employment as a result of the activities which the employee has undertaken within the structure of a business or public administration or majorly based on the experiences and work of the business or public administration are defined as employee inventions and any inventions outside of the above scope are deemed to be free inventions. The cases where an employee invention transforms into a free invention and the legal relationship between the employer and the employee are regulated in detail.

Agreements concluded between an employee and employer regarding service inventions and free inventions are regarded as invalid if they significantly inequitable, even if such agreement is in compliance with mandatory rules regarding employee inventions. The same rule applies for determination of the price. Objections regarding the inequitableness of the agreement and price may be made at the latest within 6 months as of the termination date of an employment agreement.

Inventions at higher education institutions

Reserving provisions of the specific laws and the regulations under this article, provisions regarding inventions of employees shall be applied also for the inventions achieved as a result of scientific studies and researches conducted in higher education institutions defined in clause (c) of the first paragraph of Article 3 of Law No. 2547 and higher education institutions affiliated to the Ministry of National Defence and the Ministry of Internal Affairs.

Inventions in publicly supported projects

According to Article 122, it is mandatory to report inventions which are made within the projects funded by state institutions and organizations, to the funding public institute.

The beneficiary of the project fund is prohibited from making any disclosures that may affect the grant of the patent or utility model, until the procedure is completed. In case the beneficiary of the project fund claims the ownership of the invention, he/she is obliged to make a patent application for the invention and refer to the funding state institutions and organizations in the application. In the event that the beneficiary of the project fund claims the ownership of the invention, the funding state institution or organization has a free of charge license to use of invention for its own needs. This right may be waived in the funding agreement. The state institution and organization also has the right to use the invention subject to the patent and to request the grant of a license to third parties on reasonable conditions.

Research report for utility model applications becomes compulsory

As per Article 142, inventions except for those relating to chemicals and biological substances, pharmaceuticals and biotechnological substances which are applicable in industry may be the subject to utility models. According to the previous regulation, a research report was prepared only upon the request of the applicant. As a result of the amendment of the Law and research report is now a requirement for all utility model applications. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Koksal & Partners
Erdem & Erdem Law
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Koksal & Partners
Erdem & Erdem Law
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions