How to File a Patent Opposition

A patent opposition can be filed by third parties within a set period after a patent is published by TÜRKPATENT (the Turkish Patent and Trademark Office). In response to the opposition, the patent holder or agent can submit a counter-statement. Oppositions and counter-statements are legal submissions against the validity or terms of the patent.

The opposition process lets third parties defend their own rights and adds transparency to the patent system. The goal of an opposition is to surface points that were missed or assessed incorrectly when the patent was granted. That helps clarify whether the invention is genuinely novel and serves fairness and justice.

Opposition window

When an opposition is to be filed by third parties, it has to be filed within 6 months of the date the patent is granted. The opposition window starts when the decision to grant the patent is published in the bulletin. Oppositions are typically filed by third parties.

Documents required for a patent opposition:

TÜRKPATENT reviews the opposition, and if it finds it appropriate, notifies the patent holder. If the patent holder wants to make changes to the documents already submitted, a 3-month window runs from the date of notification. TÜRKPATENT reviews the patent holder’s statements and any changes made to the patent application.

How a patent opposition is filed

Third parties can file a request with TÜRKPATENT to cancel or modify a patent. That filing has to happen within 6 months of the date the decision to grant the patent is published in the bulletin. The first step is preparing the required documents. Inside those, the opposition petition has to be drafted carefully. The petition must carry detailed grounds for the opposition and any supporting documents. It has to follow the required format and be filed with TÜRKPATENT.

If the opposition is filed in the right format, TÜRKPATENT notifies the patent holder or the designated agent. A counter-statement has to be submitted within 3 months of the notification date. Where needed, changes to the description, claims, or drawings of the application can be requested.

If TÜRKPATENT finds the request legally valid, it decides to continue the patent. The sections to be changed are clearly identified for the patent holder. Without going beyond the scope of the patent, the patent holder or the designated agent uploads the updated documents or drawings through the post-filing actions section. If the changes are accepted, TÜRKPATENT decides to continue the patent in its modified form. Otherwise, the patent is invalidated.

Even when an opposition is filed, if TÜRKPATENT finds the opposition unjustified and decides to continue the patent in its existing form, the decision is notified to the applicant and published in the bulletin.

Patent opposition fee

Patent opposition fees vary with the scope of the filing, the specifics of the case, and the nature of the opposition. The opposition fee is the sum of the official charge set by TÜRKPATENT and the service fee of the designated agent. The opposition is filed once the fee is paid.

On payment methods, Sistem Patent offers different options. Applicants can pay opposition fees with methods like credit card. Online payment through our website is also available for fast and secure transactions.