A patent is an official document, but it also grants the inventor the right to restrict activities such as the unauthorized sale, marketing, reproduction, and production of a product. A patent is a document exclusive to the patent owner. It grants certain privileges regarding the use, production, and sale of the invention for twenty years from the application date. It is a crucial document for competition. A patent prevents others from using the invention. Furthermore, holding a patent allows the inventor to gain a significant market position.
A patent is also valuable because it provides the opportunity to enter into a license and assignment agreement for any invention. Furthermore, it is a positive development for a business. In other words, it demonstrates a company's high level of expertise and technological capacity. Consequently, inventors should obtain a patent to ensure their efforts are not wasted.
Legal disputes arise in patent-related matters. In some cases, patent opposition may come to the fore.

What is a Patent Opposition?

Patent oppositions are filed for patent applications that do not meet the patent criteria or that infringe on the existing rights of others. A patent opposition must be filed within six months of the official institution's patent granting decision. Failure to file within this period will result in no further action being taken by the official institution.
The Turkish Patent and Trademark Office publishes patent applications monthly in the Patent Bulletin. This allows third parties to evaluate and object to applications. To protect patent rights, it is essential to monitor the bulletin. This allows malicious applications to be identified and the necessary opposition procedures to be implemented. At this point, similarity to an existing patent must be demonstrated to prevent registration. Opposing patents that pose a risk of confusion is particularly important. The Official Patent Bulletin is crucial for early detection of infringement and preventing registration through opposition.

How to File a Patent Opposition?

For any invention to be eligible for patent registration, it must possess certain characteristics. It must be new, original, and applicable. However, patent oppositionThis can be done for any invention, whether it meets these criteria or not. The reasons for opposing the patent application, which may or may not prevent patent registration, must be explained.
How to object to a patent Those who think so should first prepare their objection petition. The objection petition, along with the reasons and evidence supporting the objection, must be submitted to the Turkish Patent and Trademark Office. An objection fee must be paid to the Office.
After reviewing the objection to a patent application, the Turkish Patent and Trademark Office notifies the patent applicant. The applicant is also given the right to express their views on the objection.

Reasons to Object to a Patent

The reasons for patent opposition can be summarized as follows:
• First of all, if the patent application does not meet the criteria of novelty, originality and industrial applicability, it may be objected.
• If there is not sufficient explanation about the patent, there is a right to object.
• The patent may be objected to if the invention in question has become different from its initial state and the scope has been exceeded.
• If the patent subject and its application are similar to an already registered patent, an objection can be made in order to avoid any loss of rights.

Patent Opposition Stages

The stages of patent opposition can be summarized as follows:
• First and foremost, a petition for objection must be prepared. The grounds and evidence supporting the objection must be submitted accurately and completely to the Turkish Patent and Trademark Office.
• The Turkish Patent and Trademark Office reviews the objection to a trademark application. It then notifies the applicant. The applicant must express their views on the objection within one month of receiving the objection.
• The expert opposition at the Turkish Patent and Trademark Office evaluates the opposition's petition and the applicant's views on the matter impartially and decides on rejection, continuation or partial continuation.
• Finally, after the decision is notified, both parties have the right to appeal to the TURKPATENT Re-Examination and Evaluation Board. However, the appeal must be filed within two months of the decision being notified.