As a member of the EU Customs Union and a key partner of the Eurasian Patent Organization (EPO), Türkiye's patent system integrates the framework of civil law system and local industrial policies, forming a unique "administrative judicial" dual track system. The newly revised Industrial Property Law (Law No. 8046) in 2023 reshapes the invalid rules. This article provides a deep analysis of the legal basis, procedural path, industry sensitive points, and cross-border enterprise strategies.

Legal Basis:The Four Ineffective Elements and Localization Rules

Note: The new traditional knowledge defense clause (Article 138/5) will be added in 2023- if the invention is based on Türkiye's traditional knowledge (such as olive oil therapy), it needs to obtain a certificate from the Ministry of Culture, otherwise it will certainly be invalid.

Dual track procedure: administrative review vs. judicial litigation

Process characteristics:

1. Mandatory prerequisite program:All invalid requests must first be reviewed by T Ü RKPATENT (average cycle of 18 months)

2. Industrial Policy Review:Related to national strategic industries (such as defense and energy), the Ministry of Science, Technology and Industry (MoSTI) needs to sign a joint agreement

3. Key data:

Ineffective success rate in 2023: 41%

Special examination rate for pharmaceutical patents: 100% (triggering cost-effectiveness evaluation by the Ministry of Health)

Program rules:

Graph TB A [Istanbul/Ankara Intellectual Property Court] -->B [Regional Court of Appeal] -->C [Supreme Court]

Core Differences:

Major changes:Starting from 2023, infringement lawsuits must be simultaneously declared invalid (counterclaim or independent request), otherwise the right to defend will be lost (Novartis v. Deva, 2023 final ruling).

Pricing veto power of the Ministry of Health:If the drug price exceeds 50% of the median monthly national income, the invalid procedure will be automatically triggered (Pfizer v. T ü rkiye, 2022 COVID-19 Drug Patent Case)

Localized production requirements:Failure to put into production in Türkiye within 3 years after authorization constitutes a reason for invalidity (Article 139/c)

Patents related to renewable energy (wind/geothermal) require submission of a feasibility report to the Ministry of Energy

Invalid requester enjoys preferential treatment for evidence reversal (if proving that the technology involves national energy security)

The Traditional Knowledge Database of the Ministry of Culture (TK-DAT) includes 21000 items (such as Anatolian herbs)

Patent examination automatically compares TK-DAT, and if the similarity exceeds 60%, it is directly rejected (Unilever v. Aegean Univ., 2023 Olive Soap Patent Invalidation Case)

1. Language compliance core:

Use * * ± 10% redundant interval * * for key parameters (such as "Yakla ş ı k 100 ° C" instead of "100 ° C")

Disable Google Translate: requires hiring a certified translator from the National Patent Office (see T Ü RKPATENT Directive 2023-8 for the list)

2. Localization implementation requirements:

Pharmaceutical patent: clinical trial report submitted to Türkiye's top three hospital

Mechanical patent: includes seismic zone test data (such as Istanbul plate parameters)

In 2024, Türkiye promised to unify Eurasian patent standards, but the local traditional knowledge clause triggered a lawsuit by the European Commission (Case C-284/24), resulting in:

The invalidation rate of European patents in Turkey has risen to 38% (only 21% in 2023)

Parallel imports trigger increased risk of invalidity

Literal translation of the term 'disaster': Chinese 'approximately' is mistakenly translated as' tam olarak '(accurate), resulting in a reduction in scope (52% of invalid cases in 2023)

Program time limit exceeded: Response to review comments only takes 30 days (EU usually takes 4 months)

Missing data localization: Türkiye's geographic/climate adaptation data has not been submitted (for example, wind power patents lack wind speed curves in the Bosporus Strait)

T Ü RKPATENT activates the TURKCHAIN certification system:

Priority evidence must be authenticated with UTC 3 time zone timestamp

40% fee reduction but mandatory disclosure of technical schematics (excluding confidential patents)