Turkish Supreme Court Reaffirms Ruling on Late EP Validation

The Turkish Supreme Court has reaffirmed its position that the restoration of rights provisions contained in Article 107 of the Turkish Industrial Property Code cannot be used to remedy missed European patent validation deadlines.

In its decision dated 25 June 2025 (11th Civil Chamber, Case No. 2025/198 E., Decision No. 2025/4499 K.), the Court once again confirmed that European patent validations are governed by a special legal framework and are not subject to the restoration of rights mechanisms available in national patent proceedings.

Background

The dispute concerned a European patent for which the validation formalities in Türkiye were completed after the statutory validation deadline had expired.

The patent proprietor argued that the delay occurred despite exercising all due care and requested restoration of rights under Article 107(2) of the Industrial Property Code. The request was rejected by the Re-examination and Evaluation Board (YİDK) of the Turkish Patent and Trademark Office.

The proprietor challenged the decision before the courts, arguing that the restoration of rights provisions should apply to European patent validations and that refusal of the request would result in a disproportionate loss of patent rights.

Lower Courts Ruled in Favour of the Patent Owner

The First Instance Court and the Regional Court of Appeal found that the existence of a European patent application should be sufficient to allow consideration of a restoration of rights request under Article 107.

The lower courts therefore concluded that TÜRKPATENT should have examined whether the applicant had exercised the required level of care before rejecting the request.

Supreme Court’s Decision

The Supreme Court overturned the lower court judgments.

Referring to the European Patent Convention and the Regulation on the Implementation of the European Patent Convention in Türkiye, the Court emphasized that the validation procedure constitutes a separate and specific legal regime.

The Court held that:

The Turkish translation of the European patent specification must be filed within the prescribed validation period;
A limited extension is available only if requested within the original deadline;
Failure to comply with the validation requirements results in the European patent being deemed invalid in Türkiye from the outset;
The validation deadline is a forfeiture deadline that cannot be revived through Article 107 of the Industrial Property Code;
Article 107 applies only to procedures relating to national Turkish patent applications and patents.

Accordingly, the Court concluded that TÜRKPATENT had correctly rejected the restoration request.

Significance

The decision further strengthens the Supreme Court’s developing case law concerning European patent validations in Türkiye.

Together with the Court’s earlier decision of 17 March 2025 (Case No. 2024/2156 E., Decision No. 2025/1875 K.), the judgment confirms that missed European patent validation deadlines cannot be remedied through the restoration of rights provisions contained in Article 107 of the Industrial Property Code.

The rulings provide important legal certainty for patent owners and practitioners by clarifying that the validation system established under the European Patent Convention operates independently from the remedial mechanisms available in Turkish national patent procedures.

Patent proprietors seeking protection in Türkiye should therefore ensure strict compliance with all validation deadlines, as failure to do so may lead to the irreversible loss of patent rights.