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Article 140 - Termination and its results

Turkish Industrial Property Code (Law No. 6769)
Article 140

Termination and its results


Article 140

(1) Patent right terminates in case of realizing of one of states specified below;
a) the expiry of the protection period;
b) the waiver of the patent right of the patent holder;
c) failure to pay the annual fee within the periods foreseen in Article 101.
(2) The Office publishes in the Bulletin that patent right terminates. The subject of patent the right of which terminates belongs to the public as from execution date of reason of termination.
(3) The patent owner may waive the entire patent or one or more patent claims. If a patent is waived partially, the patent remains valid due to claim or claims from which are not waived provided that claim or claims constitute the subject of separate patent and waiver isn’t related to the extension of the scope of the patent.
(4) Waiver must be reported to the Office in writing. Waiver shall be effective as from the record date in registration.
(5) Patent owner cannot waive patent right unless the right and license holders registered in the registry give their permission.
(6) If right ownership on patent has been requested by third party and an interlocutory injunction taken in this regard has been registered in the registry, patent owner may not waive patent right unless third party in question gives its permission.
(7) Waiver decision regarding patent right shall be published in the Bulletin.


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