Legislative Implementation of Flexibilities - Türkiye

Title:	Articles 42 (1) (b), 46, and 129 (b) of the Decree-Law No. 551 on the Protection of Patent Rights of 27/06/1995 as last amended by Law No. 4128 of 7/11/1995
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

42. (1) In order to obtain a patent, it is necessary to file an application, the form and content of which shall be determined by the Regulations and which shall comprise the following:

(b) a description of the subject matter of the invention;

Explicitness of the Description

46. The description shall be written in sufficiently explicit and comprehensive terms for a person skilled in the technical field concerned to carry out the invention.

Where the invention relates to a microbiological process and the related microorganism is not accessible to interested parties, the description shall be deemed to meet the requirements specified in the first paragraph of this Article if the following conditions are fulfilled:

(a) the description contains information regarding the characteristics of the microorganism;

(b) the applicant has deposited, no later than on the filing date of the application, a culture of the microorganism with an authorized institution established in accordance with international conventions.

The said institution shall be mentioned in the publication provided for in the second paragraph of Article 55.

Invalidity

129. A patent shall be declared invalid by the court in the following situations:

(b) where it is established that the subject matter of the invention has not been

described in a sufficiently explicit and comprehensive manner for a person skilled in the

technical field concerned to carry it out;