Oppositions against Turkish patents may be filed with TÜRKPATENT within 6 months from the publication of the grant decision in the Official Patent Bulletin. Exercising this opposition right provides proactive protection, enabling parties to resolve validity issues before embarking on costly court litigation.

Grounds for Opposition

• Lack of Patentability: The invention fails to meet patentability criteria (novelty, inventive step, or industrial applicability).
• Insufficiency of Disclosure: The patent specification does not disclose the invention in a manner sufficiently clear and complete.
• Extension of Subject-Matter: The granted patent extends beyond the scope of the application as originally filed.

Procedural & Legal Effects

• Right to Amend: If TÜRKPATENT finds at least one claim acceptable, it provides the applicant with an opportunity to amend the claims.
• Written Proceedings: The opposition procedure is conducted entirely through written submissions; oral hearings are not conducted.
• Retroactive Revocation: If a patent is revoked as a result of an opposition, the decision takes effect ex tunc, meaning the patent is deemed to have had no legal effect from the beginning.

We represent our clients before the Opposition Divisions and Boards of Appeal of the European Patent Office (EPO) throughout both written and oral proceedings.

An opposition against a European patent may be filed with the EPO within 9 months from the publication of the grant decision in the European Patent Bulletin. The outcome of an EPO opposition is binding across all designated contracting states of the European Patent Convention (EPC), often offering a significantly more effective and cost-efficient remedy than initiating multiple national invalidation lawsuits.

Grounds for EPO Opposition

• Unpatentability: The subject matter is not patentable under Articles 52 to 57 EPC.
• Insufficiency of Disclosure: The invention is not disclosed clearly and completely enough for a person skilled in the art to carry it out.
• Extension of Subject-Matter: The patent extends beyond the content of the application as filed.

EPO Appeals & Impact on Turkish Litigation

• EPO Boards of Appeal: Decisions rendered by the Opposition Division can be appealed to the Boards of Appeal. The Board may revoke the patent completely, maintain it in amended or original form, or remit the case back to the Opposition Division for re-examination.

Stay of Proceedings in National Courts: Turkish IP courts evaluate whether to stay parallel national invalidation lawsuits pending the outcome of EPO opposition proceedings. In making this determination, courts consider the identity of the parties and compare the expected timelines of both proceedings

Following formal examination by TÜRKPATENT, trademark applications that meet the administrative requirements and are free of absolute grounds for refusal are published in the Official Trademark Bulletin.

Third parties may file an opposition against the trademark publication within 2 months from the date of publication, based on:

• Absolute Grounds for Refusal (Article 5, IP Code No. 6769)
• Relative Grounds for Refusal (Article 6, IP Code No. 6769)

These opposition proceedings play a critical role in shaping the trademark registration process, helping rights holders prevent potential brand conflicts before a mark reaches final registration.

Following examination, TÜRKPATENT publishes design applications that meet the statutory criteria in the Official Design Bulletin to announce the registration decision. Third parties may file an opposition against a published design within 3 months from its publication date.

Grounds for Opposition

• Lack of Novelty or Individual Character
• Bad Faith Filing
• Unauthorized Use of Intellectual Property Rights

Oppositions filed pursuant to the relevant provisions of the Industrial Property Code No. 6769 may lead to the full revocation or partial limitation of the design registration.