New IP law abolished the provisions concerning the use
requirement of patents and evidence on use detailed in the
Decree Law on the Protection of Patent Rights. Instead, IP law
now mentions the use requirement within the provision on
compulsory licences, as a consequence of non-use of a
Accordingly, a patent owner must use the patented invention.
When assessing the use, market conditions and conditions under
the control of the patent owner, as well as outside their
control, are considered. At the end of three years after
publication of a patent grant in the Bulletin or at the end of
four years after the patent application date, whichever expires
later, any interested party can request the issue of a
compulsory licence. They can make this request on the grounds
that at the date of demand for a compulsory licence the
patented invention is not being used, no serious and real
measures have been taken to make use of the patented invention
or the level of current use does not satisfy domestic demand.
The same applies to an uninterrupted cease of use of a patent
for more than three years without justified reason.
The only provision in Turkish law that provides rules about
the results of not filing evidence on use of a patent is in the
Regulation on the Implementation of IP Law, which states
"the declaration relaying whether
the patent is used or not used is submitted to the Institute
within a certain period and then published in the Bulletin. The
patents for which no notification of use have been
given within this period shall be published in the
The mentioned publication is a kind of announcement to third
parties that the patent is not used (without a justified
reason) and therefore a licence over the patent may be
requested from the patent owner.
This publication can give rise to a compulsory licence
demand. In the case of a compulsory licence demand, a fixed
legal procedure must be followed, and the evidence filed before
the Turkish Patent Office (TPO) before this procedure starts
can only be an indication of use of the patent. The evidence of
use filed before the TPO does not automatically prevent the
third party from demanding a compulsory licence. However, the
patent holder may refer to this document/evidence while
claiming that it does use the patent or there is a legitimate
reason for non-use of the patent.
The lack of such a document or evidence does not ease,
quicken or remove the fixed legal procedure to be followed by
the third party demanding the compulsory licence. The third
party has to apply to the court for a compulsory licence and
must prove that it has tried hard to obtain from the patent
owner a contractual licence on reasonable commercial terms and
within a reasonable period of time.
These IP law provisions show that filing evidence on use of
a patent or filing a statement before the TPO explaining the
legitimate reason for not using the patent is optional.
However, we believe that such a filing may have a role in
discouraging a third party from demanding a compulsory licence
by alleging non-use of the patent without a legitimate
Kore Şehitleri Cad. 17
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