Article 110
(1) It cannot be suggested by the Office that a patent claim right does not belong to the applicant. Until proven otherwise, it shall be considered that the applicant is the right owner of the patent claim.
(2) During the process of granting a patent, the individual alleging, according to paragraph 1 of Article 109, that they are the true right owner of patent claim shall bring an action against the applicant and shall report this action to the Office. The processes of granting a patent can be suspended by the court until the date of the finalization of the decision regarding the legal proceeding.
(3) In case that the decision that is to be made in the result of the proceeding regarding right ownership is finalized in the plaintiff’s favour; the plaintiff right owner, within three months as of the date of finalization of the decision that is for the still-valid application, can;
a) demand from the Office to consider and perform the patent application as theirs;
b) make a new application for the same invention benefitting from the priority right, if any;
c) demand from the Office to deny the application.
(4) The application made according to the subparagraph (b) of paragraph 3 begins to be processed as of the date of the first application; and in this case, the first application shall be considered as null and void.
(5) The application that is subject matter shall be considered as withdrawn, if the plaintiff right owner does not make any demands within three months as of the date of finalization of the decision.
(6) And the individual alleging that they are partially entitled putting forward that they performed the invention together with applicant, can press charges claiming joint right ownership.
(7) The provision of paragraph 3 also applies to divided application made according to Article 91.
(8) The application cannot be withdrawn without the plaintiff’s consent until finalization of the decision that is to be made in the result of the legal proceeding that is brought according to paragraph 2 to determine the patent claim right.
(9) If the application is granted a patent during an ongoing legal proceeding, the proceeding if application disseize becomes a proceeding of patent disseize.