Not being part of nor comprised in the state of the art. The state of the art is deemed to comprise all information and data relating to the subject-matter of the invention which has been made accessible to the public anywhere in the world before the filing or priority date by any disclosure whether in writing, made orally, by use or in any other way (this implies that absolute worldwide novelty is required). Also deemed comprised in the state of the art (and thus a bar to novelty) are the contents of:

1) patent and utility model applications filed in Turkey before or on the filing or priority date but published after that date;

2) European patent applications filed before or on the filing or priority date designating Turkey, in respect of which the designation fee for Turkey has been timely paid and published on or after the filing or priority date;

3) international patent and utility model applications filed under the PCT and designating Turkey filed before or on the filing or priority date but published after that date, provided the national phase of such application in Turkey has been entered into properly; and

4) international patent applications filed under the PCT in respect of which the European Patent Office acts as a Designated (or Elected) Office under the PCT and which are published on or after the filing (or priority) date, provided that Turkey is designated in the published application (i.e., the grant of a European patent with effect for Turkey has been applied for in the application as published).

Not a bar to novelty are:

1)  disclosure of information made during the period of 12 months before the filing date or, if priority is claimed, during the period of 12 months before the priority date, made by the inventor (by whom for this purpose is understood, any person who at the date of filing the application was entitled to the patent);

2)  disclosure of information made during the period of 12 months before the filing date or, if priority is claimed, during the period of 12 months before the priority date, made by an office, provided that the information was contained either a) in another application filed by the inventor, and the application should not have been disclosed by the office, or b) in an application filed without knowledge or consent of the inventor by a third party who obtained the information directly or indirectly from the inventor;

3)  disclosure of information made during the period of 12 months before the filing date or, if priority is claimed, during the period of 12 months before the priority date, made by a third party who obtained the information directly or indirectly from the inventor.

The above mentioned provisions may be invoked at any time, but if their applicability is contested, the burden of proof is upon the party invoking these provisions.

Furthermore, display of an invention within 12 months before the filing date or, if priority is claimed, within 12 months before the priority date at a national or international exhibition held in Turkey or at an official or officially recognized international exhibition held in a Paris Convention member country is not a bar to novelty, provided that exhibition priority is duly claimed and the required documents are filed.