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Article 97 - Publication of the application and its effects

Turkish Industrial Property Code (Law No. 6769)
Article 97

Publication of the application and its effects


Article 97

(1) Upon expiration of eighteen-month time period as of the date of the application or priority, if any, the application of the patent or utility model shall be published on the Bulletin.
(2) The third parties, as of the date of the publication of the patent application, can present their comments regarding the patent-conformability of the invention that is the subject of the patent. However, such parties cannot be a part of the process being done by the Office at this phase.
(3) If it is decided to grant the patent before the eighteen-month time period mentioned in paragraph 1 is expired, the patent application and the patent shall be published together.
(4) The protection that is provided to the patent according to the provisions of this Code shall temporarily be entitled to the applicant as of the date of the patent application being published on the Bulletin.
(5) If a person who used the invention that is the subject of the application without the patent applicant’s permission is informed of the patent application and its extent, the protection specified in paragraph 4 shall also be a matter before the publication of the application.
(6) If the invention that is the subject of the patent application is related to microorganisms, the protection shall start after the microorganism becomes reachable.
(7) In case the application is withdrawn, is considered to be withdrawn or rejected, the results which are specified in the paragraphs above shall be considered as not occurred.
(8) Procedure and rules regarding the publication of the application or presenting third parties’ opinion shall be determined by a regulation.


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