Claims Related to Patent Negotiation

The invalidity of the patent is decided in accordance with the laws concerning the invalidity of the patent 138 of the Law No. 6769 y the Court in the presence of the following situations. These cases are as follows;

  1. a) If the subject of the patent does not meet the patentability requirements,
  2. b) If the invention is not sufficiently explained,
  3. c) the subject of the patent exceeds the scope of the initial application or exceeds the scope of the first application of the previous application if the patent is based on a split application made pursuant to Article 91 or an application made pursuant to subparagraph (b) of Article 110.

ç) If it is proved that the patent holder does not have the right to request a patent,

  1. d) If the scope of protection provided by the patent is exceeded, the court shall decide on the nullification of the patent.
  • If the reasons for invalidity are related to only one part of the patent, only the claims or claims related to that part shall be canceled and a partial invalidity shall be decided. Partial invalidity of a claim cannot be decided. If the claims or claims which are not canceled as a result of partial invalidity, meet the patentability requirements, the patent shall remain valid for this part. If the independent claim is rendered ineffective, if each dependent claim which is dependent on the independent claim does not meet the individual patentability requirements, the claims which are dependent on the independent claim are also nullified by the court.
  • The invalidity case of a patent may be filed against the person registered as a patent holder during the protection period of the patent or within five years following the expiration of the right. In order to ensure that the persons entitled to register in the patent can participate in the case, they are also notified.
  • Those who are interested, public prosecutors or related public institutions and organizations may request the invalidity of the patent. The invalidity of the patent can only be requested by the inventor or its successors, since the patent holder is not entitled to claim the patent.
  • The decision on the invalidity of the patent does not necessarily result in the invalidity of additional patents. However, if no application is made for the conversion of additional patents into independent patents within three months of the notification of the invalidity decision, the invalidity of the patent results in the invalidity of the additional patents.
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