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CategoryPatent
Published28 August 2026
Authors
Uğurcan TekinPartner
Mehmet Kerem KüçükTrademark & Patent Specialist

Employee Inventions under Turkish Law: Who Owns the Invention, and What Is It Worth?

Every business investing in R&D sooner or later faces one question: who owns the invention an engineer develops during working hours, using the company's resources? In Turkish law the answer lies in the employee-invention regime set out in Articles 113 et seq. of the Industrial Property Code No. 6769. The regime aims to balance the employer's investment against the employee's creative contribution.

The Code's distinction rests on two concepts. A service invention is one the employee develops while performing the duties of the employment relationship, or by relying to a significant extent on the experience and work of the enterprise. Inventions falling outside that definition are free inventions and, as a rule, belong to the employee. The distinction matters greatly in practice, because the employer's right to claim is confined to service inventions.

The service-invention regime balances the employer's investment against the employee's creative contribution.

The Notification and Claim Mechanism

The regime runs on mutual notifications. An employee who makes a service invention must notify the employer in writing and without delay, in terms clear enough for the employer to evaluate the invention. The employer must then declare to the employee in writing, within the period prescribed by the Code, whether it claims full or partial rights in the invention. If that period is missed, the invention becomes a free invention and passes into the employee's hands. A large share of the disputes that end badly for employers arise not from the subtleties of patent law but from missing these simple deadlines.

Where the employer claims full rights, all rights in the invention pass to the employer. Where it claims partial rights, the invention remains free, but the employer may use it.

Compensation: The Heart of the Regime

The employer's claim triggers the employee's right to compensation. An employer claiming full rights must pay the employee reasonable compensation. Its calculation takes into account the economic value of the invention, the employee's position within the enterprise, and the enterprise's contribution to the making of the invention. The method of calculation is regulated in detail in the regulation on employee inventions. The right to compensation cannot be waived in advance; contractual clauses making the employee renounce notification or compensation up front are invalid.

“In the employee-invention regime, the most expensive mistake is trying to build the system after the invention has been made.”

A Roadmap for Employers

A sound employee-invention system is built before any invention is made. Writing the notification process into employment contracts and workplace directives, defining the internal mechanism for receiving and evaluating notifications, assigning deadline tracking to a single owner, and setting a transparent compensation policy in advance all substantially reduce the risk of dispute. In businesses with high R&D staff turnover, the fate of inventions developed by departing employees deserves separate attention.

Key Principles

  • A service invention is one developed within the employment relationship or by relying significantly on the enterprise's experience; everything else is a free invention.
  • The employee must notify the employer of a service invention in writing and without delay.
  • If the employer does not claim rights within the period prescribed by the Code, the invention becomes free.
  • A full-rights claim obliges the employer to pay reasonable compensation.
  • Clauses waiving compensation in advance are invalid.
  • Notification, deadline tracking and a compensation policy must be in place before the invention is made.

Devin Patent provides attorney services for preparing and prosecuting patent applications based on employee inventions. Compensation disputes and the drafting of invention clauses in employment contracts are handled by our partner firm, Devin Law & IP.

Sources

  • Industrial Property Code No. 6769, Articles 113 et seq. (mevzuat.gov.tr)
  • Regulation on Employee Inventions, Inventions Made at Higher Education Institutions and Inventions Arising from Publicly Funded Projects (mevzuat.gov.tr)