NEWSLETTER-2017

307 INTELLECTUAL PROPERTY LAW European Patent Application Unlike the PCT, the European Patent application not only facili- ties the application process, but also grants international protection. The application process includes similar stages as the explained na- tional process. Accordingly, following the application, a procedural examination is conducted, an examination report is issued, and the application is published. Following the patent decision, patent protec- tion may be ensured in various countries through validation. The reference of European Patents is presented under Article 83/3(b) of the IPL. Scope of Patent Rights Pursuant to Article 85/2, a patent owner is entitled to prevent the following unpermitted activities of third parties: • Production, sale, use, or importation of a product that is sub- ject to a patent, or hold the same in possession for purposes other than for personal needs; • Utilization of a process that is subject to a patent; • To offer utilization of the process, subject to a patent by third parties to others whereby the use of which is known, or sho- uld be known, to be prohibited; • The sale, utilization, importation or holding in possession, for any purpose other than for personal needs of products, directly produced through the patented process. Termination of Patent Rights Patent rights terminate in the event of (i) invalidity decision, (ii) expiration of term of the patent right of twenty years, and (iii) non- payment of annual fees concerning patent rights. An invalidity decision is given by the relative court in the follow- ing situations: • Failure to meet patentability criteria of the patent subject;