In December 2020 oppositions were filed against two national patents before the Turkish Patent and Trademark Office. Although the oppositions or the grounds therefor have not been disclosed, the implementation of the post-grant opposition may be observed within the coming months.

Post-grant opposition was introduced by the IP code, which took effect in 2017. Accordingly:

  • Post-grant opposition must be filed within six months of the publication of the grant decision.
  • The grounds for opposition may be that:
    • the invention is not novel, does not include an inventive step or is not capable of industrial application;
    • the subject matter of the invention is excluded from patentability;
    • the invention subject to the patent in dispute lacks sufficient disclosure; or
    • the invention contains subject matter that extends beyond the content of the application as filed.
  • It is possible to file post-grant oppositions against national patents and patents designated to Turkey through the Patent Cooperation Treaty with an application date of 10 January 2017, which is the date that the new IP code took effect.

Oppositions are notified to the patent owner, which may file counter arguments and amendments. The outcome of an opposition can be:

  • the refusal of the opposition;
  • the maintenance of the patent; or
  • the grant decision as amended.

The parties may object office decisions within two months before the IP courts.

For further information on this topic please contact Soley Oygucu at Deriş Attorney at Law Partnership by telephone (+90 212 252 6122) or email ([email protected]). The Deriş Attorney at Law Partnership website can be accessed at www.deris.com.