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ARTICLE · 11 JANUARY 2017

Patent – News (*) - A Totally New Stage : Post Grant Opposition

Deris Attorney At Law Partnership
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The current Decree Law No. 551 on Protection of Patent Rights did not have any regulations enabling third parties to oppose against patent grant decisions.

TurkeyIntellectual Property
Deris Patent & Trademark Agency Limited
Deris Patent & Trademark Agency Limited
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A totally new stage : Post-Grant Opposition

Current Legislation

The current Decree Law No. 551 on Protection of Patent Rights did not have any regulations enabling third parties to oppose against patent grant decisions.

Proposed Changes by the Draft IP Law

The proposed draft of IP Code introduces a whole new stage of post-grant opposition.

1. Grounds of Opposition:

  • the invention is not novel/does not include an inventive step/is not susceptible of industrial application,
  • the subject matter of invention is excluded from patentability,
  • the invention subject to the patent in dispute lacks of sufficient disclosure
  • the invention contains subject-matter which extends beyond the content of the application as filed

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