In Turkey, the ownership of patents can be transferred to third parties through a patent assignment agreement. A patent assignment agreement is a contract whereby the owner of a patent or patent application transfers their right, title, and interest in the patent or application to another party.

Agreement to Be Notarized and Recorded

A patent assignment must be concluded in writing and approved by a notary public. As per Article 148(4) of the Industrial Property Code No. 6769 (“Code”), notarization is a requirement for validity.

The assignment agreement must be signed either by the authorized signatories of the parties or by their attorneys holding a notarized power of attorney. If the agreement is signed outside of Turkey, it must be notarized, apostilled in the relevant country, and subsequently translated into Turkish by a sworn translator.

Although notarization has a constitutive effect between the parties, the assignment must also be recorded with the Turkish Patent and Trademark Office (TPTO) for the change to become enforceable against third parties.

To record the assignment with the TPTO:

• A petition requesting the recordation of the assignment and a copy of the notarized agreement must be submitted to the TPTO; and

• The official recordation fee must be paid. The official fee can be accessed on our website or shared upon request together with our fee schedules.

The TPTO does not require a power of attorney for the recordation application.

Scope of the Patent Assignment Agreement

In addition to a detailed agreement, a short-form assignment may also be accepted for recordation purposes, provided that it includes the following:

• The identities of the assignor and assignee

• The application number of the patent or patent application being assigned

• The assignment fee

Assignment of Ownership Through Merger or Court Decision

Ownership of a patent may also be transferred through:

• A merger of companies, or

• A Turkish court decision ordering a change of ownership

In such cases, the change should also be recorded with the TPTO by submitting:

• A petition requesting the ownership change, and

• The official document evidencing the change (instead of a notarized agreement)