Patent Law & Litigation in Türkiye

Türkiye has become an active jurisdiction for innovation and, with it, for disputes over intellectual property. Patents are among the most technically demanding IP rights to enforce, and getting the strategy right early is decisive. This page explains how patent protection and litigation work in Türkiye and how we support foreign inventors and companies who need to defend — or defend against — a patent here.

The legal framework

Patents in Türkiye are governed by the Industrial Property Law No. 6769 (Sınai Mülkiyet Kanunu), which aligns national practice with the European Patent Convention (EPC) and Türkiye’s obligations under the TRIPS Agreement. A patent grants its holder the exclusive right to exploit an invention for a fixed term — generally 20 years from the filing date for a patent — provided the annual renewal fees are paid. Miss a renewal and the right lapses, so calendar discipline is part of protecting the asset.

To be patentable, an invention must be new, involve an inventive step, and be capable of industrial application. Protection can be secured through a national filing before the Turkish Patent and Trademark Office (TÜRKPATENT) or through a European patent granted by the EPO and then validated in Türkiye. This last point trips up many foreign holders: an EP grant does not cover Türkiye by itself. Without validation — filing the required translations and paying the fees before TÜRKPATENT — you have nothing to enforce in the Turkish courts.

Türkiye also recognises the utility model (faydalı model), a lighter-touch right for inventions that are new and industrially applicable but do not require the same inventive step. Utility models are cheaper and faster to obtain and can be a pragmatic route where a full patent is not attainable.

Route	Requirements	Practical note
National patent (TÜRKPATENT)	Novelty, inventive step, industrial application	20-year term from filing; annual renewal fees apply
European patent validated in Türkiye	EP grant plus Turkish validation formalities	Not enforceable here until translations are filed and fees paid
Utility model (faydalı model)	Novelty and industrial application only	Cheaper and faster; no inventive-step requirement

When patent litigation arises

Litigation typically begins when a rights holder believes its patent is being infringed. Common grounds include the unauthorized manufacture, sale, offering for sale, import, stocking or use of a patented invention. Disputes also arise defensively — for example, a competitor seeking to have a patent declared invalid, or a party seeking a declaration of non-infringement to clear the way for its own product.

For foreign businesses, the flashpoint is often a Turkish competitor or importer bringing a copycat product to market, or a local distributor continuing to trade after a licence ends. A structured pre-litigation phase — evidence gathering, a cease-and-desist letter, and where appropriate a preliminary determination of evidence (delil tespiti) — frequently resolves matters or, at minimum, locks down the proof you will later need.

A patent you cannot defend on its merits is a liability, not an asset. Before you send a single cease-and-desist letter, assume the other side will attack your patent’s validity — and make sure it survives.

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Jurisdiction and venue

Patent cases are handled by the specialized Civil and Criminal Courts for Intellectual and Industrial Property Rights in Istanbul, Ankara and Izmir. In provinces without a dedicated IP court, a designated civil court of first instance hears the matter. Venue generally follows the defendant’s domicile or the place where the infringement occurred. Because infringement often happens across several provinces — manufacture in one, sale in another — claimants frequently have a genuine strategic choice of forum, and the Istanbul and Ankara IP courts, with their concentrated experience, are usually the preferred venues.

The litigation process

Commencing the action

A patent holder starts proceedings by filing a petition that sets out the patent, the alleged infringement and the relief sought. Careful claim analysis and a clear, defensible infringement theory are essential from the outset. The claim language defines the boundaries of the monopoly; a case built on an over-broad reading of the claims invites an invalidity attack and can collapse under expert scrutiny.

Preliminary injunctions

Before or during proceedings, a claimant may request a preliminary injunction to stop ongoing infringement. The court balances the apparent strength of the patent against the potential harm to the defendant and will usually order the claimant to post security. An injunction that pulls an infringing product off the shelves early can be commercially decisive — often more valuable than the eventual damages award — so this is frequently the real battleground.

In practice, the injunction application succeeds or fails on preparation: courts want to see a facially strong patent, concrete evidence that the accused product falls within the claims, and a claimant who moved without delay. Assembling a compact injunction file — claim chart, product samples or purchase records, and a short technical explanation a generalist judge can follow — before you approach the court materially improves the odds and shortens the timeline.

Evidence and expert examination

Turkish patent cases turn heavily on the court-appointed expert (bilirkişi) examination. Because patents are technical, the expert panel’s assessment of claim scope, novelty and infringement frequently determines the outcome — judges rely on it closely. Building the technical record is therefore where cases are truly won or lost: prior-art searches, product tear-downs, laboratory analysis and claim charts that map each element of the claim onto the accused product. Engaging with the expert panel — submitting focused technical objections when a report is flawed and, if necessary, seeking a second panel — is a core part of the strategy rather than an afterthought.

Possible outcomes

• For the patent holder: the court may order the infringement to cease, the seizure or destruction of infringing goods and the means of production, and compensation for damages. Damages can be calculated as actual loss, the profit the infringer earned, or a reasonable licence-equivalent fee — and you may select the basis most favourable to your case.
• For the defendant: if infringement is not established — or if an invalidity counterclaim succeeds — the action is dismissed, and the claimant may bear the litigation costs. A successful invalidity finding wipes out the patent entirely, which is why enforcement always carries a measure of risk to the right itself.

Appeals

An unfavourable first-instance judgment can be challenged before the Regional Court of Appeal (İstinaf), which re-examines both facts and law and may uphold, reverse or vary the decision. A further appeal on points of law may lie to the Court of Cassation (Yargıtay). Each stage adds time, so the realistic horizon for a hard-fought patent dispute is measured in years, not months — a factor that shapes settlement dynamics throughout.

Practical guidance for patent holders

• Validate before you rely. If you hold a European patent, confirm it has been properly validated in Türkiye before you count on enforcing it here.
• Monitor the market. Detecting infringement early preserves your remedies and strengthens an injunction request; delay can be read as acquiescence.
• Secure the technical record. Prior-art analysis and precise claim mapping are decisive given the weight placed on expert examination.
• Stress-test your own patent. Assume an invalidity counterclaim and check that your claims can withstand it before you enforce.
• Plan for duration and cost. A considered, well-documented strategy protects your position over the multi-year life of the case and keeps settlement leverage on your side.

How we help

We advise foreign inventors, technology companies and licensees across the full patent lifecycle in Türkiye — from validation and portfolio housekeeping to enforcement and injunction strategy, defending invalidity claims, and negotiating settlements and licences. Our aim is a clear, commercially grounded approach that protects your innovation without unnecessary cost or delay, and that keeps you informed in plain language at every stage of a technically complex process.