An invalidity action can be instituted up to within 5 years after termination of the patent right.
Disputes in court proceedings can entail entitlement issues, late submission of facts, evidence and arguments, unsubstantiated grounds, relation between a concerned party and another party of parallel court proceedings already terminated, experimental use exemption to patent infringement and continuing insolvency proceedings with simultaneous patent law disputes.
Grounds for nullity cases specified are identical to the ones defined in Art. 100 EPC and additionally the cases where Art. 52(2) EPC, 53(a) or 53(b) are applicable.
In response to an infringement action, the alleged infringer may initiate a nullity action and the court may decide to hear the cases together.
Proprietors have the right to initiate court actions against alleged infringers. However, alleged infringers can also proactively institute declaratory judgment actions for non-infringement. A party may also file a declaration of non-infringement along with a request to revoke the patent in question.
The proceedings before the EPO may have a positive or negative impact on the court proceedings in Turkey depending on the arguments of the parties. The legal outcome of the EPO proceedings is legally binding only if a national validation of the same European patent in Turkey is concerned. It is likely that the EPO opposition procedure causes stay of national court procedure.
Court panels are appointed, whose interpretation of the case will be influential. The judges are only legally qualified. The final judgment of a court is mostly in line with the report of the panel of experts in revocation and infringement proceedings. The panels are generally composed of technically and legally qualified members.
A grace period of twelve months is applicable provided that the applicant himself directly discloses part of the technical content of the invention within a period of 12 months prior to the filing or priority date (if any).