The Turkish Patent Institute Reexamination and Evaluation Board
Regulation ("Regulation") has entered into effect,
published in Official Gazette number 29504 on 16 October 2015.The
Regulation repeals a previous regulation on the topic which was
published in Official Gazette number 25545 on 6 August 2004. In
general, the recent Regulation outlines similar provisions to the
repealed regulation. However, the new Regulation introduces
limitations on chairmen of Reexamination and Evaluation Boards, as
well as online storage of decisions to allow better access for
Reexamination and Evaluation Boards ("Board") are
convened as necessary. Boards are empowered to make decisions on
disputes arising from Turkish Patent Institute ("TPI")
decisions about registration of industrial property rights. Board
decisions are made by simple majority of votes. Boards must include
at least three members, including two senior examiners. A Board
should not include members who were involved in the decision which
is being examined. Board members are selected by TPI's
chairman, and as a rule, TPI's Chairman leads the board. Board
decisions are final, unless an error of fact occurs. If such an
error exists, parties can oppose a Board's decision and the
Board will give its decision within fifteen days. Board decisions
can be subject to review by legal actions initiated before
The Regulation introduces a limitation whereby the TPI Chairman
can only assign vice-chairmen to preside over Boards to make
decisions which are restricted to the relevant vice chairman's
particular departments. Departments are separated according to the
type of industrial property rights. As a consequence, Board
decisions will be made under the expertise and management of the
Under the Regulation, the Board's chair is no longer able to
increase the number of expert members or ask for opinions from
board members who were involved in the decision under
Under the Regulation, Board decisions will now be kept online,
significantly increasing accessibility for decision makers and
creating a more reliable database.
Please see this link for the full text of the Regulation (only
available in Turkish).
Information first published in the
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