NATIONAL PATENTABILITY CRITERIA

NATIONAL PATENTABILITY CRITERIA
NOVELTY AND INVENTIVE STEP

Novelty and inventive step patentability requirements are respectively defined under Art. 7 and 9 in the Decree Law #551 pertaining to the protection of patent rights in Turkey.


DECREE LAW #551 IN PARALLEL WITH THE EUROPEAN PATENT CONVENTION

FIRST AND SECOND MEDICAL USES

Art. 7 of the Decree Law #551 is in principle similar and structurally in the form of a combination of Art. 54(1) to 54(3) EPC. Exceptions of the absolute
novelty requirement as defined in Art. 54(4) and 54(5) EPC are neither referred to in the Decree Law #551 nor in the new Industrial Property Law 6769 in force as of 10/01/2017. It is to be noted that methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body are defined within the exceptions to patentability under the Decree Law #551, Art. 6. It should be noted that European patents validated in Turkey under the European Patent Connation can have claims with first or second medical use limitations.

FILED EARLIER PUBLISHED ON OR LATER

Art. 7 Decree Law #551 states that "patent and utility model applications filed in Turkey prior to the date of filing of the application for patent and published on or after that date are considered to be comprised in the State-of-the-Art as of their first disclosed contents/texts."

NOVELTY EXAMINATION AS A SUBSTANTIVE REQUIREMENT DURING FORMALITIES EXAMINATION

A "formal" novelty test is defined in the Decree Law #551 in Art. 54. This formal test can be applied as a standard novelty test in the meaning of Art. 54 EPC in cases where the application documents reveal that the subject-matter of the application is prima facie not novel beyond doubt. In this situation, the Turkish Patent and Trademark Office directly refuses the application.


This examination is not carried out in respect of substantive law, i.e. patentability requirements but in respect of formal requirements. If the application lacks novelty, the finding is communicated to the applicant and a response is to be filed within 3 months.