Article 83
(1) An invention which is not included in the state of the art shall be considered as novel.
(2) The state of the art shall cover everything reachable by the society and which is, before the application is submitted, presented anywhere in the world by introducing in written or verbally or made public by usage or any other ways.
(3) The published contents of the applications which are submitted on or after the application date and the first contents of national patent and utility model applications which are made before application date shall be considered as the state of the art. This provision also covers,
(a) the applications for a patent and utility model which are entering the national level in accordance with the conditions specified in the regulation according to Articles 22 and 39 of Patent Cooperation Treaty, within the frame of the applications for a patent which are made in accordance with Patent Cooperation Treaty which was ratified by the Council of Ministers’ Decision dated 01.05.1996 and numbered 96/7772,
(b) the applications which meet the requirements specified in the paragraph 5 of Article 153 of European Convention Relating to the Formalities Required for European Patent Applications which was ratified by the Council of Ministers’ Decision dated 06.07.2000 and numbered 2000/842; the applications for a patent based on an international application; and the applications for a European Patent in which Turkey was determined and the related fee was paid according to subparagraph two of Article 79 of European Patent Convention.
(4) In consideration of the state of the art, the invention which is not obvious according to the expert of the area to which the invention is related, shall be considered that it includes inventive step.
(5) The contents of the applications and documents that are taken into consideration in terms of the state of the art according to paragraph three shall not be considered in evaluation of the inventive step.
(6) If the invention is producible and usable in any industrial area including agriculture, it shall be considered as applicable to industry.