What The Plausibility Requirement Means For Turkish IP Law

Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term.

However, the concept of plausibility is becoming a more popular argument for plaintiffs in Turkish invalidity proceedings and has been the subject of important conclusions by the EPO Enlarged Board of Appeal within the scope of application G 2/21, so the place of the concept Turkish legal practice should be examined carefully.