Employee inventions in Turkey belong to whoever the law and the employment contract point to, and the starting point is a simple split. An invention an employee creates that grows out of their job, or leans heavily on the employer’s work and experience, is a service invention the employer can claim. Anything else an employee invents is a free invention that stays with the inventor. So the question of who owns employee inventions in Turkey is really a question of classification first, then process: notify, claim, and pay a fair amount. This guide explains that classification, the duties on both sides, and what an inventor is entitled to when an employer takes over a service invention under Industrial Property Code No. 6769.
Who Owns Employee Inventions in Turkey?
Ownership of employee inventions in Turkey depends on how each invention is classified, not simply on who thought of it. Turkish law splits inventions made during an employment relationship into two groups: service inventions and free inventions. A service invention can be claimed by the employer, in whole or in part, in return for a reasonable payment to the employee who made it. A free invention remains with the employee, subject only to a duty to keep the employer informed. These rules live in Industrial Property Code No. 6769 and its regulation on employee inventions, and they apply even when the employment contract says nothing about inventions at all. In our practice before TÜRKPATENT, disputes usually start not with the science but with a missed notification or an unclear contract clause.
Service Inventions vs Free Inventions: The Key Distinction
The difference between service inventions in Turkey and free inventions decides who owns the result. A service invention is one an employee makes during the life of the employment relationship that either arises from carrying out their assigned tasks, or draws to a significant extent on the experience and resources of the business. A free invention is every other invention an employee makes while employed, typically one unconnected to their role and developed without the employer’s input. The label is not a matter of choice; it follows from how and where the invention came about.
The two categories differ on a few core points:
- How it arises: a service invention comes from the job or the employer’s work and resources, while a free invention arises outside the job, without the employer’s input.
- Who can own it: a service invention can pass to the employer once it makes a claim, while a free invention stays with the employee inventor.
- The employee’s first duty: report a service invention to the employer in writing without delay, and still inform the employer that a free invention exists.
- Payment: a claimed service invention entitles the employee to reasonable compensation, while a free invention means nothing is owed to the employer.
Because the category drives everything that follows, getting it right at the start matters more than any later step.
The Employee’s Duty to Report a Service Invention
An employee who makes a service invention must report it to the employer in writing without delay. This notification is the trigger for the whole process, and its timing protects both sides. The report should describe the technical problem, the solution, and how the invention was made, along with the names of anyone who contributed, so the employer can understand what has been created and decide what to do. A useful practice is to keep the notification separate from ordinary project updates, so the date is clear.
Once the employer receives a complete report, its own deadline starts to run. The employer must also keep the invention confidential while it decides, because premature disclosure can destroy the novelty that a future patent depends on. For foreign companies with staff in Turkey, this reporting duty applies to the local employment relationship regardless of where the parent company sits, so who owns an invention made by an employee is settled under Turkish rules for work done in Turkey.
The Employer’s Right to Claim a Service Invention
After a service invention is reported, the employer can make a full claim or a partial claim, and it must say so in writing within the statutory period. A full claim transfers all rights in the invention to the employer, which can then file for a patent or utility model in its own name. A partial claim lets the employer use the invention while the employee keeps ownership. As of the time this article is written, the implementing regulation gives the employer four months from the complete written notification to respond, but you should confirm the current deadline with a patent attorney, because these periods can change.
What happens if the employer stays silent matters a great deal. As of the time this article is written, a service invention that the employer does not claim within the period is treated as a free invention, so it returns to the employee. If the employer makes a partial claim that gets in the way of the employee using the invention, the employee can ask the employer either to claim it fully or to release it. Clear internal handling of employee invention rights in Turkey avoids most of these standoffs.
Employee Invention Compensation in Turkey
When an employer claims a service invention, the employee is entitled to reasonable compensation for it. Employee invention compensation in Turkey is not a fixed figure; it is worked out from the economic value the invention can generate, the tasks and position of the employee within the business, and the share the enterprise contributed to making it possible. The idea is to reward the inventor fairly without ignoring that the invention was made using the employer’s resources.
The regulation sets out valuation methods and factors for calculating the amount, and it encourages the parties to agree between themselves. Where they cannot, the dispute can be referred to arbitration under the framework in the Code. Employee invention compensation in Turkey is a common source of friction, so many employers set out a transparent calculation method in advance, and many inventors keep records of the invention’s commercial results. A well-drafted policy protects employee invention rights in Turkey while giving the business the certainty it needs to invest.
Free Inventions and the Employee’s Remaining Duties
A free invention belongs to the employee, but a few duties still apply. If an employee makes a free invention during the employment relationship, they generally must inform the employer about it, so the employer can check whether it is truly free rather than a service invention in disguise. Where the free invention falls within the employer’s field of activity, the employee is usually expected to offer the employer at least a non-exclusive right to use it on reasonable terms before exploiting it elsewhere.
These duties fall away where the invention plainly cannot be used in the employer’s line of business. The purpose is fairness in both directions: the employee keeps an invention that owes nothing to the job, while the employer gets a first, honest look at anything close to its own work. Handling free inventions correctly is part of managing who owns an invention made by an employee without later argument.
University and Publicly Funded Employee Inventions in Turkey
Special rules apply to inventions made at universities or under publicly funded projects. For inventions made by academic staff and researchers at higher education institutions, the rights generally belong to the institution rather than the individual, but the inventor is entitled to a share of the income the institution earns from the invention, at least one third as of the time this article is written. This is meant to encourage research while still rewarding the people who do it.
Inventions produced under publicly supported projects follow their own allocation rules, which can give rights to the body carrying out the project. Because the exact percentages and conditions in these special regimes are set by the Code and its regulation and can be updated, confirm the current position with a patent attorney before relying on a particular figure.
Protecting Both Sides in Employee Inventions in Turkey
The cleanest way to manage these inventions is to plan for them before an invention exists. Employers benefit from a written invention policy that explains how staff report inventions, how claims are made, and how compensation is calculated. Employees benefit from keeping dated records of what they made and when they reported it. Both sides benefit from a contract that respects the Code rather than trying to sign away rights the law protects, since agreements that unfairly disadvantage the employee can be challenged.
Deciding who owns employee inventions in Turkey is rarely about a single dramatic dispute; it is about following the notification, claim and compensation steps in the right order. Leo Patent, a trademark and patent attorney firm based in Istanbul, advises employers and inventors on service inventions, drafts invention and assignment clauses, and files the resulting patents and utility models before TÜRKPATENT. Getting the classification and the paperwork right early is what keeps these disputes from turning into a costly problem later. Contact us for more information.
Frequently Asked Questions
Who owns employee inventions in Turkey?
Employee inventions in Turkey are owned according to their classification. A service invention, one arising from the job or the employer’s work, can be claimed by the employer in exchange for reasonable compensation to the inventor. A free invention, one made outside the job, belongs to the employee, subject to a duty to inform the employer.
What is the difference between a service invention and a free invention?
A service invention arises from the employee’s tasks or relies heavily on the employer’s resources, while a free invention has no such connection. Service inventions in Turkey can be claimed by the employer, whereas free inventions stay with the employee but usually must still be disclosed to the employer.
Does an employee have to report an invention to the employer?
Yes, an employee who makes a service invention must report it to the employer in writing without delay, describing the problem, the solution and how it was made. Even a free invention generally has to be disclosed so the employer can confirm its status.
How long does the employer have to claim a service invention?
As of the time this article is written, the implementing regulation gives the employer four months from the complete written notification to make a full or partial claim. If the employer does not claim within the period, the invention is treated as a free invention. Confirm the current deadline with a patent attorney, because these periods can change.
How is employee invention compensation in Turkey calculated?
Employee invention compensation in Turkey is based on the economic value the invention can generate, the employee’s tasks and position, and the employer’s contribution to making it. There is no fixed figure; the regulation provides valuation methods, and disputes can be referred to arbitration.
Can an employment contract remove an employee’s invention rights?
No, a contract cannot simply strip an employee of the rights the Code protects. Agreements that place the employee at an unfair disadvantage over service or free inventions can be challenged, so contract clauses should follow the framework in Industrial Property Code No. 6769 rather than override it.
Who owns inventions made by university researchers in Turkey?
Inventions made by researchers at higher education institutions generally belong to the institution, but the inventor is entitled to a share of the income earned from the invention, at least one third as of the time this article is written. Publicly funded project inventions follow separate allocation rules.
About Leo Patent
Leo Patent is a leading trademark and patent attorney firm (marka ve patent vekili) serving foreign and Turkish clients across Türkiye. The firm is registered before the Turkish Patent and Trademark Office (TÜRKPATENT) and the Istanbul Chamber of Commerce (registration no. 308755-5), and handles trademark, patent, design and other intellectual property registrations in Türkiye and internationally.
This article was prepared under the supervision of Burak Ünal, general manager of Leo Patent, registered trademark attorney (TÜRKPATENT reg. no. 2900) and registered patent attorney (TÜRKPATENT reg. no. 1677). He holds a Business Management degree from Boğaziçi University (2016) and an MSc in Finance from the London School of Economics, which he attended as a Chevening Scholar; he is also a congress member of Galatasaray Sports Club. He advises clients in Turkish, English, French and Chinese. In Türkiye, trademark and patent attorneys are a regulated profession separate from lawyers: Burak Ünal is not a lawyer, and Leo Patent does not provide lawyer services or court representation.
Need help with a trademark or patent in Türkiye? Contact Leo Patent for a consultation: www.leopatent.com · [email protected] · WhatsApp +90 532 689 48 18.
Disclaimer: Leo Patent is a trademark and patent attorney firm (marka ve patent vekili) and is not a law firm; it does not provide lawyer services, legal advice or court representation. This article is for general informational purposes only and you are strongly advised to consult a qualified professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.
