Use requirement

Use requirement

The patentee is under obligation to put to use the invention under patent protection within 3 years as of the publication date of grant decision in Turkey and must prove this use by an official certificate to be filed before the Institute.

The use may be by manufacturing the patented invention; by proving that the patented product or the product manufactured according to the process of the patent is being imported and then is offered for sale or it may be by granting license.

Otherwise, any interested person may request that a compulsory license be granted. Legitimate excuses for failure to meet this requirement include technical, economic or legal reasons beyond the control and will of the patentee, which may include officially required clinical test periods or delays in product registration procedures before the health authorities for pharmaceuticals.

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