NEWSLETTER-2017

304 NEWSLETTER 2017 constitutes the subject of a patent right. The term invention is not de- fined under the IPL, but it may be defined as a solution with regard to a technical area 3 . Although the IPL does not define the term, ‘invention’, it does foresee certain criteria for patentable inventions. The first criteria foreseen in the IPL is novelty. Accordingly, in- ventions surpassing the state of the art are deemed as new. On the application date, all information known anywhere in the world, pre- sented verbally or in writing, and which is accessible by society, is included in the term, ‘state of the art.’ The condition of an inventive step is defined as an “invention that is not obvious to the expert of the related technical area, and is deemed as including an inventive step.” The third criteria of patentability, applicable to industry, means applicable in an industry as producible or usable in any given field of industry, including agriculture. Industry fields are to be interpreted widely. Inventions that meet the explained criteria are deemed patentable, and through registration upon the invention owner’s request, it may benefit from patent protection for twenty years. Since the public interest component is dominant for the utiliza- tion of inventions, patent rights are limited in various ways. As a part of time constraints of patents, a patent right is granted for twenty years and cannot be renewed. The time constraint of patent rights is based upon public interest. Since the crux of a patent right is invention, pre- vention of technological development, indefinitely, is not deemed to be convenient. The second limitation occurs in compulsory licensing. Pursuant to Article 129 of the IPL, in the following situations, compulsory li- censes may be granted: • Non-use of patent; • Connection of patent subjects; 3 Tekinalp, Ünal. Fikri Mülkiyet Hukuku, 2012, p. 530.