Article 89
(1) The extent of the protection provided by the patent application or the patent itself shall be determined by claims. However, the description and the drawings shall be used in interpreting the claims.
(2) The claims shall not be interpreted based on the limits of the meaning of the words used. However, when determining the extent of the protection, the claims shall not be extended in way covering the ideas that had been thought of by the inventor but had not been demanded in the claims, and also in a way to cover the features which are expected to arise by interpretation of the description and the drawings by a skilled person in the art.
(3) The claims are interpreted in a way that the application or the patentee shall be provided with the protection they deserve; and the third parties shall be provided with a situation displaying positive assertion in a reasonable level in terms of the extent of the protection.
(4) The extent of the protection provided by the patent application shall be determined by the published claims of the application for the time passed until the patent is granted. But the situation of the patent when granted or its situation after the objection or invalidity procedures shall determine the protection provided from the application retroactively on condition that the protection scope is not extended.
(5) The factors which are equivalent to the factors mentioned in the claims by the time in which the violation was alleged to exist are considered, too, in determining the extent of the protection provided by the patent application or the patent itself. A factor, in essence, shall be considered as equivalent to the factor which is generally demanded in the claims if it is functioning the same way as the factor demanded in the claims; it is fulfilling the function requirements in the same way and it is leading to the same conclusion.
(6) During the procedures which are required to determine the extent of the claims regarding granting the patent or during the validity of the patent, the patent application or the patentee’s statements shall be considered in order to determine the extent of the protection.
(7) If the patent includes samples regarding the invention, the claims shall not be interpreted as limited to such samples. The product or the method shall not be left out of the extent of the protection provided by the claims especially in cases that the additional features of the product or method do not exist among the samples mentioned in the patent; do not cover the features of such samples; or cannot reach every objective or feature specified in such samples.