Decree-Law 551 on the Protection of Patent Rights does not enable third parties to oppose patent grant decisions. In contrast, the draft IP Law proposes the introduction of a new post-grant opposition stage.
Grounds of opposition would include the following:
- the invention is not novel, does not include an inventive step or is not susceptible to industrial application;
- the invention's subject matter is excluded from patentability;
- the invention lacks sufficient disclosure; and
- the invention contains subject matter which extends beyond the content of the application as filed.
The draft IP Law sets out the following procedural steps for opposing patent grant decisions:
- Third parties may oppose a patent granted within six months of its publication.
- Once the opposition has been filed, the Patent Institute will notify and invite the patentee to file its observations or amend the patent on notification of the filed opposition.
- The opposition and the patentee's observations and amendments will be examined by a board to be established by the Patent Institute.
- The outcome of the opposition proceedings may be revocation, refusal or partial revocation of the patent in question.
The amended patent will be published if the patentee approves the amended text within two months.
National patent applications filed before the enactment of the draft IP Law will be treated in accordance with Decree-Law 551. International patent applications made before the enactment of the draft IP Law will be granted according to the law in force at that time. The composition of the examination board and other procedural rules will be clarified with the implementing regulations.
The Patent Institute is an international search authority with improved technical competence and the post-grant opposition could provide cost and time-effective protection against competitor patents.
For further information on this topic please contact Muazzez Korutürk or Canan Öztürker at Deris IP Attorneys by telephone (+90 212 252 6122) or email (firstname.lastname@example.org or email@example.com). The Deris website can be accessed at www.deris.com.tr.
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