As specialised IP court judges do not have technical backgrounds, expert reports are essential in patent litigation. As a general practice, the courts obtain reports concerning an alleged infringement, invalidity claim or compensation claim from the court-appointed experts during the trial. Given the number of expert reports provided in patent litigation, cross-examination is vital as it allows the courts to gain an understanding of the matter at hand.
Decree-Law 551 on the Protection of Patent Rights does not enable third parties to oppose patent grant decisions. In contrast, the draft IP Law proposes the introduction of a new stage of post-grant opposition and details the grounds for opposition and procedural steps for opposing patent grant decisions. The post-grant opposition could provide cost and time-effective protection against competitor patents.
Decree-Law 551 on the Protection of Patents makes no specific reference to the patentability of biotechnological inventions. In this regard, the draft IP law states that simple discoveries of human gene sequences are not patentable and provides no definition of 'biotechnological inventions', leaving the issue to be defined and shaped by case law.
There are no specific provisions for second medical use patents in Turkey. However, a European Patent Office Enlarged Board of Appeal decision has recognised second medical use patents and Parliament has ratified the European Patent Convention. This is seen as proof of Parliament's resolve to protect second medical use patents based on international legislation that Turkey has ratified.