Article 85
(1) The patentee avails himself of the patent right without any exceptions of where the invention was made, its technological area and whether the products are imported or are domestic.
(2) The patentee has a right to claim the prevention of the practices mentioned below in case that they are performed without his consent:
a) producing, selling, using or importing the goods subject to a patent or keeping those at hand for such purposes and for other reasons than personal needs;
b) using a process that is subject to a patent;
c) offering others to use the process patent the use of which is known or should be known to be prohibited;
ç) selling, using or importing the goods which are directly obtained by the process subject to a patent or keeping them at hand for such purposes and for other reasons than personal needs.
(3) The practices mentioned below shall be out of the scope of the rights provided by a patent:
a) practices which do not involve industrial or commercial purposes and are confined to special purposes;
b) trial practices involving the invention subject to a patent;
c) trial practices involve the performances of the invention subject to a patent in order to register drugs including necessary tests and experiments needed for this purpose;
ç) using the drugs prepared in pharmacies without a mass production in order to prepare only one prescription and practices regarding drugs prepared this way;
d) using the invention subject to a patent in making and running ships, space vehicles, airplanes or land transport vehicles for party countries of Paris Convention or in meeting the needs of such vehicles; using the mentioned vehicles provided that they are within the borders of Republic of Turkey temporarily or accidentally.
e) provisions of Article 27 of International Civil Aviation Agreement which is approved by the Law dated 06.05.1945 and numbered 4749 and practices regarding aircrafts of a country in which the provisions of this Article are being applied.
(4) A small farmer whose definition is made in the Law on Protection of Breeder’s
Rights for New Plant Varieties dated 01.08.2004 and numbered 5042 has the right, in his own land which they operate, to use the reproduction material that derived from the product in the result of the production made by a patented product provided from the patentee; or sold by his permission; or obtained by another commercial way, in order to do new productions in their own land which they operate. This tenancy shall be subject to the provisions of the Law number 5042.
(5) The farmer has a right to use the patented breeding or other animal reproduction material provided from the patentee; or sold by his permission; or obtained by another commercial way for agricultural purposes. This tenancy covers the use of animals or other animal reproduction material in order to maintain their own agricultural strength. The procedure and rules regarding the use of this right shall be determined by regulations.
(6) The subject of the patent shall not be used in a way that will cause harm for the law, morals, and public order. This use shall also be bound up with current or future definite or indefinite-statutory prohibitions and restrictions.