FAQs - Recording Patent Licenses in Turkey

There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive license Agreements, licensor can use patented invention too and licensor can grant sub-licenses for the same patented invention. In the case of exclusive License Agreements, licensor cannot grant further licenses to third parties, and cannot use patented invention unless it reserves its rights obviously.

No, licensees cannot assign their license rights to third parties unless any clause is available for right to assign in License Agreement.

In the case of multiple owners, unanimity of all the owners for allowing third parties to use patent is a must. If all the owners cannot agree on licensing, the Court can grant the authority to grant license to one of the owners in terms of equity.

Licensee can take any action, unless otherwise agreed, in respect of the use of invention during the terms of patent. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of patent against licensee.

No, license can be granted and recorded for a pending patent application.

There is no requirement to disclose or declare consideration in order to validly license the rights.

Yes, term of license should be clearly indicated in License Agreement. Otherwise, it will not be possible to record license in the patent registry.

No, license should be done mutually and the express acceptance and declaration of licensee is required. In other words, both licensee and licensor should simply sign License Agreement.

There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record License in the patent registry.

Recordal of license is not obligatory. licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the patent registry. In other words, it is not possible to put forward the rights on patent against third parties acting in good faith unless and until they are duly entered in the patent registry.

No actually, a copy of the License Agreement is sufficient provided that Patent Attorney declares that the copy is same as the original.

Yes, a Turkish translation approved by a sworn translator is required for recording license.

License should be individually handled for each case (case by case).

Power of Attorney is not required for recording a license.

There is no deadline and requirement to record license.

Yes, official fees are payable for recordal of a license. If there are more than one patent within license, official fees should be paid for each case separately.

Yes, two separate License documents of the same content signed and legalized in two different countries are acceptable for recording License.

Yes, it is acceptable provided that License refers to Turkish patent or patent application number(s) therewithin.

Yes, change of ownership due to License is published in Turkish Patent Bulletin.

Yes, a pending patent application can be licensed; there is no requirement for grant or registration of application for license.

Seizure is not an obstacle to license the rights of a patent.

Pledge is not an obstacle to license the rights of a patent.

In a License Agreement, patent or patent application number subject to License, terms of license, and type of license, i.e. exclusive or nonexclusive are required; otherwise, recording license will not be allowed in the patent registry.