Second medical use in Turkey

Abstract

Turkish patent legislation complies with European Patent Convention (EPC) 1973 and EPC 2000, but does not have a corresponding provision. This triggers a debate in Turkish Law, where no regulations address protection of second (or subsequent) use. Turkish validations of European patents concerning second medical uses that have been granted within the scope of EPC 2000. However, the approach to national patent applications and patents entered to Turkey through Patent Cooperation Treaty is still questionable since the Patent Decree Law is not offering an explicit protection to second medical use and European Board of Appeal decisions (especially G5/83) are not binding for Turkish authorities. This article overviews the current approach of the Turkish legal system to second medical use patents.