If you need expert assistance with patent cancellation proceedings, patent invalidation actions, or any intellectual property disputes in Turkey, Akkas & Associates Law Firm stands ready to help. With over three decades of experience since 1992 and more than 140 patents registered, our specialized team understands the complexities of Turkish patent law and international IP regulations.
Our multilingual attorneys provide comprehensive services in patent cancellation litigation, prior art searches, technical analysis, and strategic IP counseling. Whether you’re defending against patent infringement claims or seeking to clear competitive space for your innovations, we deliver results-oriented representation tailored to your business needs.
Table of Contents
- Understanding Patent Cancellation in Turkey
- FAQs About Patent Cancellation Proceedings in Turkey
- Contact our Patent Cancellation Lawyers in Turkey
Patents represent significant investments in innovation and intellectual property. However, there are circumstances where challenging the validity of a patent becomes necessary for businesses and inventors in Turkey. Whether you’re facing an infringement claim based on an invalid patent or need to clear the path for your own innovation, understanding patent cancellation proceedings is crucial.
Understanding Patent Cancellation in Turkey
Patent cancellation, also known as patent invalidation, is a legal procedure through which a granted patent can be revoked or declared null and void. In Turkey, this process is governed by the Industrial Property Law No. 6769, which came into effect in 2017 and aligned Turkish patent law with international standards.
The Turkish Patent and Trademark Office (Türk Patent) handles patent registrations, but cancellation actions are typically filed with specialized Intellectual Property Courts. These proceedings require deep technical knowledge, legal expertise, and strategic thinking to navigate successfully.
The Essential Grounds for Patent Nullity
A Turkish court will only grant a patent cancellation request if one of the specific legal grounds established in the Industrial Property Law is successfully proven. Our role as your trusted Turkish patent litigation firm is to meticulously gather the evidence and build an airtight case based on these grounds.
The key grounds for demanding the cancellation of a patent include:
- Lack of Novelty: The patented invention was already part of the prior art before the application date. The invention must be absolutely new globally.
- Lack of Inventive Step: The invention, although novel, would have been obvious to a person skilled in the relevant art. This is a highly technical and fact-intensive argument.
- Lack of Industrial Applicability: The invention cannot be produced or used in any kind of industry, including agriculture.
- Insufficient Disclosure: The patent specification is not clear or complete enough for a person skilled in the art to replicate the invention.
- Subject Matter Not Patentable: The claimed invention falls into one of the statutory exclusions, such as methods for surgery or simple discoveries.
- Scope Exceeded: The scope of the granted patent exceeds the scope of the initial application.
A successful cancellation requires extensive technical analysis and legal strategy.
5 Crucial Steps in the Patent Nullity Process
Navigating a patent cancellation lawsuit in Turkey demands precision. Our seasoned patent lawyers follow a structured, multi-stage approach to maximize success.
1. Pre-Litigation Assessment and Strategy
Before filing, we conduct a comprehensive prior art search and technical validity assessment. We analyze the contested patent’s claims against all known public disclosures to identify the strongest possible grounds for nullity. This strategic phase determines the lawsuit’s core arguments.
2. Filing the Nullity Lawsuit in Ankara IP Court
The lawsuit must be filed with the Intellectual and Industrial Rights Civil Court in Ankara. This court has exclusive jurisdiction over all patent nullity cases in Turkey. The filing must be accompanied by detailed evidence, technical reports, and a legal petition clearly articulating the grounds for cancellation.
3. Expert Witness Examination
Turkish IP courts rely heavily on the opinions of court-appointed expert panels. These experts, often academics or engineers, review the patent and all submitted evidence. Our role here is critical: we prepare detailed submissions to the experts, attend on-site examinations, and challenge unfavorable findings with our own detailed counter-reports.
4. Challenging Infringement and Seeking Compensation
Often, a patent nullity action is filed as a defense against an infringement lawsuit. If a competitor sues you for infringement, you can counter-sue for the nullity of their patent. If we are defending your valid patent against a nullity suit, we simultaneously pursue all available damages for infringement.
Learn more about protecting your innovations in our guide on Turkish Patent Infringement Lawsuits.
5. Appeals and Final Judgment
Should the Ankara IP Court’s initial decision be unfavorable, we meticulously prepare and file appeals to the Regional Court of Appeals and, if necessary, to the Court of Cassation (Yargıtay). We ensure every legal avenue is pursued until a final, binding judgment is secured, either cancelling the invalid patent or upholding your legitimate IP rights.
For an overview of the legal framework, review the Turkish Industrial Property Law No. 6769.
Why Choose Akkas & Associates for Your Case?
Since 1992, Akkas & Associates Law Firm has been at the forefront of Turkish IP law. Our team of experienced Patent Cancellation Lawyers in Turkey has handled over 140 successful patent registration and litigation cases. Our firm’s core strength lies in combining deep legal expertise with technical fluency across diverse industries. We provide multi-lingual services and leverage decades of precedent-setting experience in the specialized Ankara IP Courts.
FAQs About Patent Cancellation Proceedings in Turkey
Q1: How long does a patent cancellation case take in Turkey?
Patent cancellation proceedings in Turkey typically take between 12 to 24 months for a first-instance court decision. Complex cases involving extensive technical evidence or multiple claims may take longer. After the first-instance decision, parties have the right to appeal, which can add another 12 to 18 months to the process. The total timeline from filing to final resolution, including appeals, usually ranges from 2 to 4 years.
Q2: Can I use a patent while a cancellation action is pending?
Using a patent that is subject to cancellation proceedings involves risk. Until the court issues a final decision canceling the patent, it remains legally valid and enforceable. The patent owner can still bring infringement actions during this period. However, some courts may stay infringement proceedings pending resolution of the cancellation case. It’s essential to consult with experienced patent attorneys to assess your specific situation and develop appropriate risk management strategies.
Q3: What happens if only some patent claims are canceled?
Turkish courts have the authority to cancel a patent entirely or partially. If only certain claims are canceled while others remain valid, the patent continues to exist but with narrower scope. This partial cancellation affects what the patent owner can enforce and may create opportunities for competitors to operate without infringement.
The remaining valid claims still provide protection to the patent owner, so careful analysis is required to determine whether partial cancellation achieves your business objectives.
Q4: Who can file a patent cancellation action in Turkey?
Any interested party can file a patent cancellation action in Turkey. This includes competitors, potential licensees, companies facing infringement claims, or anyone who believes they have a legitimate interest in having the patent canceled.
Unlike some other jurisdictions, Turkish law doesn’t require the petitioner to prove they are being directly harmed by the patent. However, having a clear commercial interest strengthens your position and demonstrates the practical importance of the cancellation.
Q5: What is the success rate of patent cancellation cases in Turkey?
Success rates vary significantly depending on the grounds for cancellation, the quality of evidence, and the technical field involved. Generally, cases based on clear prior art evidence have higher success rates, while cases relying on inventive step arguments may be more challenging.
Statistics from Turkish Intellectual Property Courts suggest that approximately 30-40% of cancellation actions result in full or partial cancellation. However, these numbers don’t tell the complete story, as many weak patents are abandoned or not enforced rather than formally challenged in court.
Contact our Patent Cancellation Lawyers in Turkey
Securing or challenging a patent in Istanbul and across Turkey requires not just legal knowledge, but a powerful litigation partner. If you are facing a patent infringement suit or need to invalidate a competitor’s weak patent, our dedicated Patent Cancellation Lawyers provide the strategic defense and assertive representation you need.
Akkas & Associates Law Firm offers unparalleled expertise in Turkish patent law, nullity lawsuits, and IP litigation, ready to protect your business interests now and in the future.
Contact Akkas & Associates Law Firm today to schedule a consultation with our experienced patent cancellation lawyers in Istanbul. Let our proven expertise in intellectual property law protect your interests and advance your business objectives in Turkey’s dynamic market.
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