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Article 107 - Continuation of the processes and re-recognition of rights

Turkish Industrial Property Code (Law No. 6769)
Article 107

Continuation of the processes and re-recognition of rights


Article 107

(1) The applicant, in case he does not comply with the time period regarding the processes of patent application, can request, with a paid fee, the processes to be continuing within two months as of the date of the notification of outcome of noncompliance with time period. Failing that shall lead to denial of the request. In case the request is approved, the legal consequences of noncompliance with time period shall be considered as not occurred.
(2) Even though, due diligence required by conditions is exercised by a patent applicant or the patentee during the processes of the patent application or the patent; in case noncompliance with a time period to which it is required, causes the patent application a denial, consideration as withdrawn; nullification according to Article 99; or loss of any other rights, re-recognition of rights can be requested. This request shall be made with a paid fee within two months as of time of elimination of the conditions causing noncompliance with the time period, on condition that the time period with which it was failed to comply is not exceeded more than one year. Failing that will lead to denial of the request. In case the request is approved, the legal consequences of noncompliance with time period will be considered as not occurred.
(3) In case of re-recognition of the rights, the situation shall be published on the Bulletin. During the time period starting from loss of rights until publication of the decision on re-recognition of rights; the parties who use the invention subject of the patent well-meaningly in Turkey or who take firm actions in using, can continue using the invention free of charge.
(4) In terms of the time period given for restoration fee specified in paragraph 4 of
Article 101 to be paid and the time period specified in paragraph 1 of Article 93; and the time periods regarding processes determined by a regulation; continuation of the processes cannot be requested according to subsection 1.
(5) The provisions of this article shall not be applied to in terms of the time periods regarding continuation of the processes or re-recognition of rights.
(6) The procedure and rules regarding continuation of processes and re-recognition of rights shall be determined by a regulation.


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