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Article 82 - Patentable inventions and exceptions to patentability

Turkish Industrial Property Code (Law No. 6769)
Article 82

Patentable inventions and exceptions to patentability


Article 82

(1) A patent shall be granted to the inventions in all fields of
Technology providing that the invention is new, involves an inventive step and is susceptible to industry.
(2) Below mentioned shall not be considered as inventions. In case the application for a patent or the patent itself are involved in the subjects or activities mentioned below, this subject only or the activity itself shall stay out of patentability.
a) Discoveries, scientific theories and mathematical methods;
b) mental acts, business activities or game related plans, rules and methods;
c) computer programs;
ç) products with aesthetical creations , belles-lettres, artworks and treatise;
d) presentation of the information.
(3) Below mentioned inventions shall not be granted a patent:
a) inventions violating public order or public moral;
b) biological processes relating to plant varieties or animal races; or intending to
generate plant varieties or animal races with the exception of microbiological processes or
products obtained in the result of such processes;
c) all treatment modalities including the diagnosis methods which are intended to be
applied to human or animal bodies and surgical methods;
ç) discovering only one of the parts of human body including human body and a gene sequence or a partial gene sequence in the various phases of their generation and evolution;
d) the human cloning processes, the changing processes of genetic identity of human sextinked inheritance, using human embryos for industrial or commercial purposes, changing processes of genetic identity in a way that may agonize the animals without providing any significant medical avails for human or animals and animals that are obtained in the result of such operations.
(4) Within the scope of subparagraph (a) of paragraph three, commercial use of the invention being prohibited by legislation shall not necessarily mean that this use is violating public order or public moral.
(5) The microbiological process that is specified in subparagraph (b) of paragraph 3 expresses any operation which includes microbiological materials, processed with microbiological materials or in the result of which microbiological materials are formed; plant or animal production procedures that are consisting of basically biological processes, hybridization or selection that are completely natural.
(6) The provision mentioned in subparagraph (c) of paragraph 3 shall not be applied to the products, especially the substances and compositions which are used in any methods that are mentioned in the same option.


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