Under Turkish Industrial Property Law No. 6769, patented inventions are expected to be put into use in Türkiye. This requirement is relevant in the context of compulsory licence requests and reflects the general principle that patent rights should not remain unused without justification.

Obligation to Use the Patented Invention

Patent owners are required to use or “work” their patented inventions in Türkiye. The obligation applies to both national patents and European patents validated in Türkiye.

Time Limit for Working the Patent

The statutory period for putting a patented invention into use is:

  • 3 years from the publication of the grant, or
  • 4 years from the filing date,

whichever period expires later.

In practice, the timing of use is assessed in relation to potential compulsory licence requests. Use carried out before such a request is filed is generally taken into account.

Consequences of Non-Use

Failure to use a patented invention does not automatically result in loss of patent rights. However, it renders the patent open to compulsory licence requests by third parties.

Grounds for Compulsory Licence

Third parties may request a compulsory licence in the following situations:

  • The invention has not been used within the prescribed period
  • Use has been interrupted for at least three years
  • No serious and effective attempt has been made to use the invention
  • The level of use is insufficient to meet domestic demand

These grounds are assessed by the competent courts.

Procedure for Compulsory Licence Requests

When a compulsory licence request is filed:

  • The court notifies the patent owner
  • The patent owner is invited to submit observations within one month

The court then evaluates whether the legal conditions for granting a compulsory licence are fulfilled.

Legitimate Reasons for Non-Use

Turkish law allows for certain justifications for non-use. These may include:

  • Regulatory requirements (e.g. marketing authorisation)
  • Compliance with technical standards
  • Economic or market conditions
  • Technical or administrative obstacles

Such reasons are considered if they are objective and beyond the control of the patent owner.

Declaration of Use or Non-Use

In addition to actual use, patent owners are expected to submit a declaration of use or non-use.

The declaration should be filed within:

  • 3 years from the publication of the grant, or
  • 4 years from the filing date,

whichever is later.

Key features of the declaration system:

  • Filed electronically before the Turkish Patent and Trademark Office
  • No supporting evidence is required at the time of filing
  • Published in the Turkish Patent Bulletin

Patents for which no declaration is filed are also indicated in the Bulletin.

The legislation does not clearly define direct legal consequences for failure to file a declaration. In practice, the system serves to:

  • Inform third parties about the status of use
  • Encourage patent holders to use or license their inventions

Evidence of Use

Although evidence is not required when filing the declaration, it may become relevant in the context of compulsory licence proceedings.

In such cases, patent owners may need to demonstrate actual use through documentation such as:

  • Commercial records
  • Sales or distribution documents
  • Import or export data

Frequency of Compulsory Licence Requests

Compulsory licence requests are not commonly encountered in practice in Türkiye. However, the mechanism remains available under the law.

Effect of Use Declaration

Filing a declaration of use does not prevent third parties from requesting a compulsory licence. In such proceedings, the patent owner may still be required to demonstrate that the invention has been effectively used.

Conclusion

The patent working requirement in Türkiye does not impose automatic sanctions for non-use. However, it establishes a framework under which unused patents may become subject to compulsory licensing.

Patent owners should be aware of the relevant time limits, declaration requirements, and the potential need to demonstrate use if challenged.

For more information, you may also refer to: FAQs on Use/Working Requirement for Patents in Turkey