One of the fundamental requirements for obtaining a patent is novelty. As a general rule, an invention should remain confidential until a patent application is filed. Any information made available to the public before the filing date may become prior art and could prevent the invention from being patented.

To address situations where an invention has been disclosed before filing, many patent systems provide a grace period. Türkiye follows this approach by allowing inventors and right holders to benefit from a 12-month grace period under certain circumstances.

What Is the Patent Grace Period in Türkiye?

Under the Turkish Industrial Property Code No. 6769, certain disclosures made before the filing date may be disregarded when assessing novelty.

As a result, an inventor or right holder may still file a patent or utility model application within 12 months from the first disclosure date, provided that the disclosure falls within the circumstances recognised by law.

Can the First Patent Application Be Filed Outside Türkiye?

Yes.

The first application does not need to be filed in Türkiye in order to benefit from the grace period.

An inventor may:

  • file a national patent application in another country;
  • file an international application under the PCT system; or
  • file a European patent application,

provided that the first application is filed within the applicable 12-month grace period.

Subsequent Turkish applications may then claim priority from that earlier filing.

Which Disclosures Are Covered?

The grace period does not apply to every disclosure. Turkish law recognises specific situations where novelty may be preserved.

Disclosure by the Inventor

The grace period applies where the invention has been disclosed by the inventor, whether intentionally or unintentionally.

Examples may include:

  • presentations at conferences;
  • exhibitions and trade fairs;
  • academic publications;
  • product demonstrations; or
  • marketing activities conducted before filing.

Disclosure by Third Parties

The grace period also applies where a third party discloses the invention after obtaining information directly or indirectly from the inventor.

This protection may be particularly relevant where confidential information has been disclosed without authorisation.

Disclosures Made by Patent Offices

Turkish law also protects inventors in certain situations involving publications by patent offices.

The grace period may apply where:

  • a patent office publishes an application that should not have been published and the invention is disclosed as a result; or
  • a patent office publishes an application filed by a third party who obtained the invention directly or indirectly from the inventor without the inventor’s consent or knowledge.

Important Limitation

Not every patent-office publication falls within the scope of the grace period.

Where a patent office publishes an application in accordance with normal legal procedures, such publication will generally not qualify for grace period protection.

Accordingly, inventors should not assume that all patent-office disclosures can be disregarded for novelty purposes.

Conclusion

The Turkish patent system provides a relatively flexible 12-month grace period that may preserve patentability despite certain disclosures made before filing. The mechanism is designed to protect inventors who have disclosed their inventions under specific circumstances while still maintaining the novelty requirement.

Nevertheless, filing a patent application before any public disclosure remains the safest approach. Where a disclosure has already occurred, the availability of the grace period should be assessed carefully and without delay.