Patent Law in Türkiye Key Developments and Predictions - 2026

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One of the issues that came to the forefront in Türkiye in 2025 in the context of patent disputes was the economic consequences of preliminary injunctions, and in particular the question of how damages arising from wrongful preliminary injunctions should be calculated. Where a preliminary injunction frequently sought in patent litigation is later found to have been unjustified, the criteria according to which the resulting damages should be assessed have become the subject of intense debate both in practice and in academic literature. Questions such as how to evaluate lost profits, market share, commercial reputation, and hypothetical alternative scenarios have gained particular prominence. These discussions once again demonstrated that the institution of preliminary injunctions is not merely a procedural tool, but also a strategic mechanism capable of producing substantial economic consequences.

Developments at the international level further illustrate that patent law is increasingly acquiring a distinctly transnational character. In particular, with the entry into operation of the Unified Patent Court (UPC), patent disputes in Europe have begun to be addressed within a new judicial architecture. The decisions rendered by the Court have started to produce consequences extending beyond the states participating in the UPC system and have become closely relevant to the European patent system as a whole. In this context, the limits of the UPC’s international jurisdiction and the debates surrounding its cross-border reach—often referred to as “long-arm jurisdiction”—have emerged as a particularly noteworthy area of development. Although Türkiye is not a party to the UPC system, discussions have increasingly focused on the potential indirect implications of UPC decisions for Turkish companies within the broader framework of jurisdictional rules under European Union law.

In addition, the manner in which the doctrine of equivalents is interpreted and applied across different legal systems has been another important topic of debate in 2025. In particular, the question of whether the approach to equivalence applied under Turkish patent law demonstrates any degree of convergence with the emerging case law of the UPC has generated a noteworthy discussion from both theoretical and practical perspectives. The role of the doctrine of equivalents in determining the scope of patent protection, the mutual influence of approaches developed in different jurisdictions, and the implications of these approaches for cross-border disputes appear likely to remain significant in the years ahead.

Debates concerning the conceptual boundaries of patent law also gained notable intensity in 2025. In the context of determining the scope of prior art, the question of whether a product available on the market can truly be regarded as part of the prior art has been reconsidered through the perspective often described as the “Schrödinger paradox.” In addition, the issue of double patenting and the different approaches developed across legal systems to address this matter continue to play an important role in defining the limits of patent protection.

Certain decisions rendered within the framework of European law have also established noteworthy precedents concerning the legal consequences of statements made about competing products in a competitive market environment. In particular, the question of under what conditions technical or commercial statements regarding competing products may give rise to legal liability has brought the intersection between patent disputes and competition law back to the forefront. The potential reflections of such developments in Turkish practice will continue to be closely monitored in the coming period.

In summary, developments in 2025 once again demonstrated that patent law is far more than a purely technical field of rights. Rather, it is a multidimensional area of law shaped by debates on international jurisdiction, preliminary injunction practices capable of producing substantial economic consequences, and conceptual discussions that challenge the doctrinal boundaries of the discipline. Strengthening legal certainty, enhancing the predictability of judicial case law, and ensuring a balanced interpretation of international developments within national practice remain of critical importance for a sustainable patent system that supports innovation.

It is our hope that this study, which examines the key developments, debates, and noteworthy decisions that shaped patent law throughout 2025, will prove useful to legal practitioners, patent holders, industry representatives, and all stakeholders with an interest in this field.