Patent cancellation lawsuits in Turkey require sophisticated legal expertise, technical knowledge, and strategic planning. Whether you need to challenge an invalid patent blocking your business activities or defend your valuable patent rights against cancellation attempts, having experienced intellectual property counsel makes all the difference.
With extensive experience in Turkish patent law, patent cancellation proceedings, patent invalidation actions, intellectual property litigation, and patent opposition matters, Akkas & Associates Law Firm has successfully handled hundreds of complex IP cases since 1992. Our multilingual team understands the intricacies of Turkish patent procedures and maintains the technical expertise necessary to handle even the most challenging patent disputes.
Table of Contents
- Grounds for Turkish Patent Cancellation Lawsuits
- Understanding the Legal Framework for Patent Nullity
- Crucial Grounds for Patent Cancellation in Turkey
- The Procedure: Filing and Litigation
- The Patent Cancellation Procedure in Turkey
- FAQs About Turkish Patent Cancellation Lawsuits
- What are the main grounds for filing a patent cancellation lawsuit in Turkey?
- How long does a patent cancellation lawsuit typically take in Turkey?
- Can a patent be partially invalidated in Turkey?
- What is the difference between opposition and cancellation proceedings?
- Can foreign companies file patent cancellation lawsuits in Turkey?
- What happens to licensing agreements if a patent is cancelled?
- Are patent cancellation decisions subject to appeal?
- Contact us for Turkish Patent Cancellation Lawsuits
Grounds for Turkish Patent Cancellation Lawsuits
In the fast-paced world of innovation, securing a patent in Turkey is a monumental achievement for any business or inventor. A Turkish patent, governed by the Industrial Property Code (IPC), grants a vital exclusive right for up to 20 years. However, this right is not absolute and can be challenged through a Turkish Patent Cancellation Lawsuit, also known as a patent nullity action.
For international and local entities operating in Istanbul and beyond, understanding the intricacies of these lawsuits is essential for both defense and strategic offense. Akkas & Associates Law Firm, with its over 30 years of experience and 140+ registered patents, offers definitive legal clarity on this complex but critical area of Turkish Intellectual Property (IP) law.
Understanding the Legal Framework for Patent Nullity
A Turkish Patent Cancellation Lawsuit is a court action initiated before the Ankara IP Courts to invalidate a granted patent. The process is inherently technical and requires a profound understanding of Turkish IP law and the specific technical domain of the invention.
The successful nullity action effectively revokes the patent from its application date, treating it as if it were never granted. This is a powerful tool for competitors or any party with a legitimate legal interest who believes a patent was granted erroneously.
Crucial Grounds for Patent Cancellation in Turkey
A nullity lawsuit can be based on a limited number of statutory grounds, all of which challenge the fundamental requirements of patentability or the integrity of the patent document itself. The following seven grounds are the most frequently cited and decisive under the Industrial Property Code:
1. Lack of Novelty
This is the most common ground. An invention must be absolutely new to be patentable. If it can be proven that the invention was disclosed to the public anywhere in the world before the patent application date, the patent may be nullified.
2. Lack of Inventive Step
The invention must not be obvious to a person skilled in the art, considering the state of the art. If the alleged invention is merely a logical or straightforward combination of existing knowledge, it fails the inventive step test and is liable for cancellation.
3. Lack of Industrial Applicability
The invention must be capable of being made or used in any kind of industry, including agriculture. If the invention is purely theoretical or cannot be practically realized, the patent can be cancelled.
4. Insufficient Disclosure
The patent specification must disclose the invention in a manner sufficiently clear and complete for a person skilled in the art to carry it out. A vague or incomplete description that hides the true scope of the invention is grounds for a nullity action.
5. Scope Exceeds the Initial Application
The subject matter of the patent must not extend beyond the content of the initial patent application. Any unauthorized addition or broadening of the scope during prosecution can lead to cancellation. For details on protecting your designs, visit our page on Design Patent Lawyers in Turkey.
6. Subject Matter Excluded from Patentability
Certain subjects are legally excluded from patent protection, such as discoveries, scientific theories, mathematical methods, surgical methods, or inventions contrary to public order or morality. A patent granted for an excluded subject can be challenged.
7. Non-Payment of Annual Fees (Annuities)
While primarily a mechanism for the Turkish Patent and Trademark Office (TURKPATENT) to revoke a patent, the failure to pay annual maintenance fees within the prescribed period can ultimately lead to the patent’s lapse, which is a form of invalidation.
The Procedure: Filing and Litigation
A Turkish Patent Cancellation Lawsuit is filed with the specialized Intellectual and Industrial Property Rights Civil Court in Ankara.
- Filing: The lawsuit is initiated by a plaintiff (any person or legal entity with a legitimate interest) against the patent owner.
- Evidence: The case heavily relies on expert reports. The Court appoints a panel of technical experts to examine the patent claims against the alleged grounds for nullity (e.g., prior art).
- Defense: The patent holder must vigorously defend the patent’s validity, often by presenting counter-expert opinions and technical arguments.
- Timeline: The process is litigious and can take a considerable amount of time, often ranging from 1 to 3 years at the first instance, before appeals to the Regional Courts of Justice and the Court of Cassation are finalized. For a deeper dive into litigation matters, see our general section on IP Litigation in Turkey.
The Patent Cancellation Procedure in Turkey
Navigating the patent cancellation process requires understanding both administrative and judicial procedures. The system involves multiple stages, each with specific deadlines and requirements.
Initial Opposition at the Turkish Patent and Trademark Office
Post-grant opposition proceedings allow third parties to file an opposition within six months of the publication date of a granted patent. This administrative route provides an earlier opportunity to challenge patents before resorting to court proceedings. During this opposition period, the patent owner can submit amendments within three months of receiving notification.
Filing a Cancellation Lawsuit
When administrative opposition is unsuccessful or the opposition period has expired, interested parties can file cancellation lawsuits before the specialized Intellectual Property Courts. Patent cancellation cases are monitored before the specialized Courts for Intellectual and Industrial Property Rights located in Ankara, Istanbul, and Izmir.
Any final Turkish Patent and Trademark Office decision can be challenged by a cancellation lawsuit before the Ankara Civil IP Courts within two months of notification of the decision. This strict deadline makes it essential to act promptly when challenging administrative decisions.
FAQs About Turkish Patent Cancellation Lawsuits
What are the main grounds for filing a patent cancellation lawsuit in Turkey?
The primary grounds for patent cancellation include lack of novelty, absence of inventive step, insufficient industrial applicability, inadequate disclosure of the invention, exceeding the scope of the original application, and situations where the patent holder lacks proper entitlement. Each ground requires specific evidence and technical documentation to support the cancellation claim.
How long does a patent cancellation lawsuit typically take in Turkey?
Patent cancellation proceedings in Turkish IP Courts typically take between 18 to 36 months from filing to final judgment at the first instance level. However, the timeline can vary significantly depending on case complexity, expert report requirements, and court schedules. Appeals to regional courts and the Court of Cassation can extend the total duration considerably.
Can a patent be partially invalidated in Turkey?
Yes, partial invalidation is possible under Turkish patent law. If certain claims of a patent fail to meet patentability requirements while others remain valid, the court can issue a partial invalidation decision. However, individual claims cannot be partially invalidated—they are either upheld in full or invalidated completely. Remaining claims must meet all patentability criteria to survive partial invalidation.
What is the difference between opposition and cancellation proceedings?
Opposition proceedings occur within six months after patent grant and are conducted administratively before the Turkish Patent and Trademark Office. They provide a faster, less expensive avenue for challenging patents.
Cancellation lawsuits, on the other hand, are judicial proceedings filed in specialized IP Courts and can be initiated at any time during the patent’s validity period. Cancellation lawsuits involve more formal procedures, higher costs, and longer timelines.
Can foreign companies file patent cancellation lawsuits in Turkey?
Yes, foreign companies and individuals can file patent cancellation lawsuits in Turkey. However, they must be represented by a Turkish attorney registered with a Turkish bar association. Foreign parties should also designate an address for service in Turkey or appoint a local representative for receiving official notifications throughout the proceedings.
What happens to licensing agreements if a patent is cancelled?
When a patent is invalidated through cancellation proceedings, existing licensing agreements typically become void as they relate to the cancelled patent. Licensees may have grounds to seek refund of royalties paid during the period of invalidity, depending on the specific terms of their licensing agreements and the circumstances of the cancellation. This makes patent cancellation an important consideration for licensees facing infringement claims.
Are patent cancellation decisions subject to appeal?
Yes, first instance court decisions regarding patent cancellation can be appealed to regional courts, which conduct comprehensive reviews of both factual and legal aspects. Regional court decisions can subsequently be challenged before the Court of Cassation (Supreme Court), though at this level review is typically limited to legal matters rather than factual reassessment. This multi-tier appeal system ensures thorough review of patent cancellation decisions.
Contact us for Turkish Patent Cancellation Lawsuits
A Patent Cancellation Lawsuit is a high-stakes battle in the realm of Turkish IP Law. Successfully challenging or defending a patent requires a strategic legal partner who understands both the technical and procedural landscape.
Akkas & Associates Law Firm, established in Istanbul since 1992, is an internationally recognized authority in Turkish IP law, having registered over 140 patents and successfully navigated countless complex Turkish patent nullity actions and patent cancellation lawsuits.
If you are facing a patent cancellation challenge or are considering a patent nullity action in Turkey in 2025, our dedicated IP litigation attorneys and technical experts are ready to provide the professional, results-oriented defense and prosecution your case demands.
Contact Akkas & Associates Law Firm today to secure expert legal representation for your Turkish Patent Cancellation Lawsuits and safeguard your valuable innovations in the Turkish market.
