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 20 years from the filing date, a term that cannot be extended (Article 101), provided the annual fees are paid. A missed fee can still be paid with a surcharge within six months; if it is not, the right lapses as of the due date, and it can be revived only by paying a restoration fee within two months of the lapse notice. Calendar discipline is part of protecting the asset.
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To be patentable under Article 82, 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 Turkish translation and paying the publication fee before TÜRKPATENT within the deadline) 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; no inventive step is required (Article 142). Chemical, biological and pharmaceutical substances and processes, biotechnological inventions, and processes and products obtained by processes cannot be protected by a utility model. See our comparative analysis on Patent or Utility Model in Türkiye: Which Fits, and When. Utility models are generally 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, not extendable; annual fees apply |
| European patent validated in Türkiye | EP grant plus Turkish validation formalities | Turkish translation and fee due within 3 months of grant; otherwise void in Türkiye from the outset |
| Utility model (faydalı model) | Novelty and industrial application only; processes, chemical, pharmaceutical and biotech inventions excluded | 10-year term from filing, not extendable; no inventive-step requirement |
A product’s appearance is protected by a different right in the same statute, addressed under industrial design protection.
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.
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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)) can resolve matters or, at minimum, lock 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.
Jurisdiction and venue
Under Article 156 of Law No. 6769, patent cases are heard by the specialised Civil Courts for Intellectual and Industrial Property Rights, set up by the Ministry of Justice where needed and sitting in centres such as Istanbul, Ankara and Izmir. Where no such court exists, a civil court of first instance designated by the Council of Judges and Prosecutors hears the matter. A holder suing an infringer may file at its own domicile, at the place where the infringing act took place or where its effects are felt (Article 156/3); a claimant with no domicile in Türkiye files where its registered patent attorney has its office on the filing date or, if that record has been removed, at the seat of TÜRKPATENT (Article 156/4). Actions brought by third parties against the holder go to the holder’s domicile; if the holder has no domicile in Türkiye, the same Article 156/4 rule applies (Article 156/5). Because infringement often happens across several provinces, with manufacture in one and sale in another, claimants frequently have a genuine choice of forum.
The litigation process
Commencing the action
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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. Under Article 159/2 the measures include stopping the infringing acts and seizing infringing products, including at customs and in free zones, and under Article 392 of the Code of Civil Procedure the applicant must as a rule post security against the defendant’s possible loss. 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.
The injunction application succeeds or fails on preparation: Article 159/1 of Law No. 6769 requires the applicant to prove that the use complained of is taking place in Türkiye in a way that infringes its industrial property right, or that serious and effective preparations are being made for it, which in practice means a strong patent and concrete evidence that the accused product falls within the claims. Because the measure exists to secure the effectiveness of the eventual judgment, moving without delay also strengthens the file. 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 helps the court assess the request on solid ground.
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, as 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, by 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
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- For the patent holder: under Article 149 the court may order the infringement to cease, the seizure of infringing goods and of the equipment used exclusively to make them, their destruction where unavoidable to prevent further infringement, and compensation. Compensation covers actual loss and lost profit; under Article 151 lost profit is calculated, at your choice, as the income you would likely have earned, the infringer’s net profit, or the licence fee the infringer would have paid (the licence-fee method applies if the court finds the patent has not been put to use).
- 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. An invalidity finding can strike out the whole patent or only the affected claims (Article 138/4), and it takes effect retroactively, as if the protection had never arisen (Article 139), 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
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- 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 weakens it.
- 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.
Where the inventor is an employee, the notification and claim window between employer and employee are set out in employee inventions and the four-month claim window; who owns the wider output of an R&D team, from designs to code, is covered under employee inventions and R&D IP.
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.
Related Practice Areas & Strategic Legal Guides
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- Real Estate & Property Law: Title deed due diligence, foreign property acquisitions, and Land Registry (TKGM) transfers.
- Intellectual Property & Trademark Litigation: Trademark, patent, and copyright enforcement before TÜRKPATENT and IP Courts.
- Personal Data Protection (KVKK/GDPR): VERBİS registration, data inventory mapping, and cross-border data transfer compliance.
- Legal Matters in Istanbul for Foreign Clients and Companies: Full-service commercial and civil advocacy before Istanbul courthouses.
