Patent Registration and Inventorship in Turkey: An SMK Guide

An engineer develops a new manufacturing process, a start-up designs an original device, or a foreign company wants to bring its product into the Turkish market. In each case, the same question arises: how is the invention protected, and who owns the right to it? In Turkey, patent protection is governed by the Industrial Property Law No. 6769 (Sınai Mülkiyet Kanunu, "SMK"), which entered into force on 10 January 2017. This article explains the patentability requirements, the difference between a patent and a utility model, ownership of employee inventions, and the international routes available to foreign applicants.

Patentability Requirements Under the SMK

Under Article 82 of the SMK, a patent is granted for inventions in all fields of technology provided they are new, involve an inventive step, and are capable of industrial application. These three criteria mirror internationally recognised patent standards:

• Novelty: Under SMK Art. 83/1, an invention is considered new if it does not form part of the state of the art. The state of the art covers everything made available to the public anywhere in the world before the filing date, whether in writing, orally, or through use. Disclosing your invention at a trade fair, online, or in a publication before filing can therefore destroy its novelty.
• Inventive step: Under Art. 83/4, an invention involves an inventive step if it is not obvious to a person skilled in the relevant technical field. In other words, the invention must go beyond what could be routinely derived from existing knowledge.
• Industrial applicability: Under Art. 83/6, this requirement is met if the invention can be made or used in any branch of industry, including agriculture.

SMK Art. 82/2 excludes discoveries, scientific theories, mathematical methods, computer programs, and aesthetic creations "as such" from being regarded as inventions. Art. 82/3 further excludes certain subject matter from protection, including inventions contrary to public order or morality and diagnostic and treatment methods.

Patent or Utility Model?

The SMK offers two distinct protection routes, and the right choice depends on the nature of the invention and the commercial strategy.

Patent (with substantive examination): This is the fullest form of protection. Under SMK Art. 101/1, the term of protection is twenty years from the filing date and cannot be extended. The patent is subject to substantive examination by TÜRKPATENT for novelty and inventive step.

Utility model: Under SMK Art. 142, a utility model is granted only for inventions that are new and industrially applicable; unlike a patent, no inventive step is required. Under Art. 101/1, the term of protection is ten years. The key difference is that a utility model is not subject to the substantive examination applied to patents; TÜRKPATENT issues a search report but does not assess inventive step. This provides faster and more economical protection, though the legal footing of a utility model may be more readily challenged in a dispute than that of an examined patent.

Employee Inventions: Who Owns the Invention?

As a rule, under SMK Art. 109/1 the right to a patent belongs to the inventor or their successors in title. The position changes, however, when an invention arises within an employment relationship.

SMK Art. 113 defines a service invention as one the employee makes in the course of their duties within the enterprise, or largely on the basis of the enterprise's experience and work; any other invention is a free invention. The employee must notify the employer of a service invention without delay.

Under SMK Art. 115, the employer may claim full or partial rights to the service invention within four months of the notification. A full claim transfers all rights in the invention to the employer. In return, the employee is entitled to reasonable compensation. The amount is calculated with regard to the economic value of the invention, the employee's role within the enterprise, and the enterprise's contribution to the invention (Art. 115/7). For public-sector employees, the compensation may not be less than one third of the income derived from the invention (Art. 113/5). If the employer does not claim the rights in time, the invention becomes a free invention and the employee may deal with it freely.

The TÜRKPATENT Application and Examination Process

Patent applications are filed with the Turkish Patent and Trademark Office (TÜRKPATENT). The process broadly consists of filing and formal examination, preparation of the search report, publication in the Bulletin, and finally substantive examination.

Under SMK Art. 98, the applicant must request examination within three months of the notification of the search report; otherwise the application is deemed withdrawn. The Office examines the invention's compliance with the Law and, where necessary, invites the applicant to submit observations or amendments (no more than three such notifications). If the examination is favourable, the patent is granted and the decision is published in the Bulletin. Importantly, under Art. 98/9 the grant of a patent does not mean the Office guarantees its validity.

International Routes for Foreign Applicants

Turkey is a party to the major international intellectual property systems, and foreign inventors can obtain protection through several routes:

• Paris Convention priority: An application filed in Turkey within twelve months of a first filing in a member country can claim the priority of that first filing date. This prevents intervening disclosures from destroying novelty.
• PCT national phase entry: International applications filed under the Patent Cooperation Treaty (PCT), also referenced in SMK Art. 83/3, can enter the national phase in Turkey within the prescribed time and conditions. This route suits companies that wish to keep protection options open in many countries through a single international filing.
• European patent (EPC): As Turkey is a party to the European Patent Convention, European patent applications designating Turkey can also have national effect.

Foreign applicants should be represented in Turkey through a patent attorney and carefully observe translation and deadline obligations.

Frequently Asked Questions

How long does patent protection last in Turkey? The term of protection is twenty years from the filing date for an examined patent and ten years for a utility model (SMK Art. 101). These terms cannot be extended, and protection depends on the timely payment of annual fees.

What happens if I disclose my invention before filing? As a rule, novelty can be destroyed, because the state of the art covers every public disclosure made before the filing date (SMK Art. 83/2). Confidentiality should therefore be maintained until the application is filed.

Do I own an invention developed by my employee? For a service invention related to the employee's duties, the employer may become the full owner by claiming the rights within four months, but reasonable compensation must be paid to the employee (SMK Arts. 113–115).

Can a foreign company file for a patent directly in Turkey? Yes. Filing is possible through Paris Convention priority, PCT national phase, or the European patent route; the process is generally handled through an authorised patent attorney.

How Mona Hukuk Can Help

Patent and utility model matters are a technical field, spanning the choice of the right strategy, the filing and opposition stages, employee-invention agreements, and potential invalidity and infringement litigation. At Mona Hukuk, we assist inventors, start-ups, and foreign companies entering the Turkish market with patentability assessments, contract drafting, and support in intellectual property disputes.

For consultancy in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.