patent use requirement

Patent use requirement refers to the obligation in certain legal systems for a patent holder to put the patented invention into use (i.e., “work” the patent) within a specified period after grant. This requirement aims to ensure that patented inventions contribute to economic activity and are not merely held for blocking purposes.

If a patent is not used within the prescribed period without justified reasons, third parties may request remedies such as a Compulsory licence. This allows others to exploit the invention under defined conditions, typically subject to payment of remuneration to the patent owner.

In Türkiye, under the Turkish Industrial Property Code, patents must be put into use within three years from the date of grant or four years from the filing date, whichever period expires later. Failure to meet this requirement may trigger compulsory licensing mechanisms.

The patent use requirement reflects a balance between exclusive rights and public interest, encouraging innovation while ensuring that patented technologies are actively utilized in the market.