Introduction

The Industrial Property Code No. 6769 (IP Code) and the Regulation on the Implementation of the Industrial Property Code (Regulation) require patent owners to notify the Turkish Patent and Trademark Office (TPTO) whether the protected invention is being used.

Although the declaration mechanism has existed for many years, it remains relatively unfamiliar to many patent owners, particularly foreign right holders maintaining patent portfolios in Turkey.

The system is straightforward. The owner may simply declare that the invention is being used or that it is not being used. The declaration is then recorded by the TPTO and published in the Official Patent Bulletin.

This article explains how the declaration system operates in practice and how it relates to the broader concept of patent working under Turkish law.

Declaration Deadlines

The notification obligation is regulated under Article 117(7) and (8) of the Regulation.

Under these provisions, the owner may submit either:

• a use declaration; or

• a non-use declaration.

The declaration should be filed within:

• three years from publication of the grant decision in the Bulletin; or

• four years from the filing date,

whichever period expires later.

For European patents validated in Turkey, the relevant period is calculated based on the publication of the mention of grant in the European Patent Bulletin (B1 publication).

The statutory periods represent the latest point at which the declaration should be filed. In practice, however, the timing of the declaration will often depend on the owner’s actual commercial position. Where the invention is already being used in Turkey, owners may wish to file a use declaration earlier so that the Patent Register and the Official Patent Bulletin reflect that position. Conversely, where the invention is not yet being used, the statutory periods allow additional time for commercial exploitation before a declaration becomes due.

Filing Procedure

The declaration is filed electronically before the TPTO.

The current TPTO electronic filing system allows the applicant to select one of two alternatives:

• Use Declaration; or

• Non-Use Declaration.

No official fee is payable for the filing of the declaration.

Once filed, the declaration is recorded in the Patent Register and published in the Official Patent Bulletin.

For foreign patent owners without domicile in Turkey, the declaration must be filed through a registered Turkish patent attorney.

Required Information

The declaration procedure is intentionally simple. The electronic filing system does not require the submission of supporting evidence demonstrating the use of the invention.

Likewise, a non-use declaration does not require the owner to submit a justification or supporting documentation explaining why the invention is not being used.

The declaration consists solely of the owner’s statement regarding use or non-use.

TPTO Practice

The TPTO does not conduct a substantive examination of whether the patented invention is actually being used.

Accordingly:

• use declarations are recorded without verification of use;

• non-use declarations are recorded without examination of the reasons for non-use; and

• no evidential assessment takes place during the administrative process.

Where a declaration is filed, it is recorded in the Patent Register and subsequently published in the Official Patent Bulletin.

Where no declaration is filed, the TPTO publishes that no declaration has been submitted.

The publication merely reflects the existence or absence of a declaration in the Register.

Practical Purpose of the Declaration

A practical question naturally arises: why submit a declaration if no supporting evidence is required and no substantive examination takes place?

The principal benefit is that the Patent Register and the Official Patent Bulletin will reflect the owner’s position regarding use of the invention.

A use declaration informs third parties that the owner considers the invention to be commercially exploited in Turkey.

Conversely, a non-use declaration may indicate that the invention is not currently being worked and may potentially be available for licensing, collaboration or future commercialisation.

In this respect, the declaration serves primarily an informational function. Rather than proving use, it communicates the owner’s position to third parties through the official records maintained by the TPTO.

Application to Utility Models

Although Article 117 of the Regulation refers expressly to patents, the same obligation also applies to utility models. Pursuant to IP Code Art. 145, provisions applicable to patents also apply to utility models unless a specific provision provides otherwise or such application would be incompatible with the nature of utility model protection. Accordingly, the use and non-use declaration regime discussed in this article should be understood as covering both patents and utility models.

Relationship with Compulsory Licence Proceedings

The declaration system should not be confused with the compulsory licence regime under the IP Code.

The principal legal consequences of non-use arise within the compulsory licence framework rather than within the declaration procedure itself.

Under the IP Code, compulsory licences may only be granted by the competent courts. Such proceedings remain relatively uncommon in Turkish practice.

More importantly, declarations filed before the TPTO do not bind the courts.

Even where a use declaration has been duly filed and recorded, a court may independently examine whether the invention is actually being worked.

Similarly, the absence of a declaration does not automatically establish non-use.

In compulsory licence proceedings, the court may assess invoices, manufacturing records, import documentation, licence agreements, technical documentation and other evidence when determining whether the invention is being sufficiently exploited or whether justified reasons for non-use exist.

Accordingly, the decisive issue is not whether a declaration exists in the Patent Register, but whether the relevant facts demonstrate actual use of the patented invention.

Our Assessment

The Turkish declaration system is best understood as an administrative notification mechanism.

Its primary purpose is to record and publish the owner’s position regarding the use or non-use of a patented invention.

For patent owners seeking to maintain an accurate and up-to-date public record, the filing of a declaration may therefore be a useful administrative step, particularly where the owner wishes third parties to be informed of its position regarding exploitation of the invention in Turkey.

Strategic Takeaway

• The declaration primarily serves an informational and publication function, allowing use of the invention to be reflected in the Patent Register and published in the Official Patent Bulletin.

• No official fee is payable.

• The TPTO does not require or examine evidence of use.

• Declarations are recorded in the Patent Register and published in the Official Patent Bulletin; where no declaration is filed, the absence of a declaration is likewise published.

• Courts remain free to assess actual use independently in compulsory licence proceedings.