Artificial intelligence is rapidly transforming pharmaceutical R&D, from target identification to molecule design and clinical prediction. For foreign investors building AI-driven drug discovery platforms, Turkey can be both a development hub and a strategic IP jurisdiction – but only if you structure patent and software protection correctly under Turkish law.
This overview explains how AI-based pharma inventions and software can be protected and enforced in Turkey from a foreign right holder’s perspective.
1. Patent protection for AI-assisted pharmaceutical inventions
Patents in Turkey are governed by Industrial Property Law No. 6769 (“IP Law”). To be patentable, an invention must be novel, involve an inventive step and be industrially applicable.turklegal.com.tr+1 Pharmaceutical and biotechnology inventions can be patented in Türkiye, provided they meet these criteria, although therapeutic and diagnostic methods applied directly to the human or animal body are excluded from patentability.iam-media.com
In the AI-drug discovery context, the following can typically be protected by patents if the conditions are met:
- New chemical entities and compositions generated or selected by AI (new molecules, formulations, dosage forms).
- Second-medical-use or new-indication claims, drafted in line with European practice, since Turkey is a member of the European Patent Convention (EPC) and largely follows EPO standards in pharma patenting.epo.org+2Efor Patent+2
- Computer-implemented methods that use AI models to design or screen compounds, where the claim is drafted as a technical process (e.g. an in silico screening method integrated with a technical system), not as a pure abstract algorithm.
Importantly, both the IP Law and EPC exclude “computer programs as such” from patentable subject matter.Mondaq+2WIPO+2 However, software that produces a technical effect – such as simulating molecular interactions in a specific technical way or controlling lab equipment – may qualify as a patentable computer-implemented invention if it satisfies novelty, inventive step and industrial applicability.
At the current stage of Turkish and EPC practice, AI systems themselves cannot be listed as inventors; the inventor must still be a natural person. This means your internal IP governance must clearly attribute inventive contributions to human researchers, even where AI plays a major role in generating candidate molecules.
2. Routes for foreign investors: national filings, PCT and EP validation
Foreign investors have several routes to obtain patent protection in Turkey for AI-pharma inventions:
- Direct national patent application before the Turkish Patent and Trademark Office (TÜRKPATENT) under Law No. 6769.turklegal.com.tr+1
- PCT national phase entry designating Turkey.
- European patent validation in Turkey: once a European patent is granted by the EPO, it can be validated in Turkey within a set deadline; validated EP patents are treated like national Turkish patents and provide the same level of protection.Efor Patent+1
For an investor planning to commercialise AI-discovered drugs in Turkey, an EP route with later validation may be attractive if Europe is a key market; a coordinated portfolio across EP and national Turkish patents allows more flexible enforcement and licensing.
3. Software, algorithms and data: copyright and trade secrets
The AI platform itself – source code, model architecture, interfaces and documentation – is primarily protected under Law No. 5846 on Intellectual and Artistic Works (the Copyright Law). Computer programs are treated as “literary and scientific works” and enjoy automatic protection upon creation if they reflect originality.Moroğlu Arseven+2Türk Hukuk Blogu+2
Key points for foreign investors:
- Source code and object code of the AI system are protected by copyright without the need for registration, although voluntary registration or notarisation is often advisable for evidentiary purposes.ER&GUN&ER Law Firm+1
- Algorithms and abstract mathematical methods are not protected as such by copyright or patent law; they are typically protected as trade secrets and through contractual arrangements and unfair competition rules.Aksoy IP+1
- Training datasets, model weights and documentation may be protected by a combination of copyright (where they qualify as original works), database rights and trade secret law, depending on how they are structured and disclosed.
In practice, a foreign AI-pharma investor should treat the platform as a hybrid asset: use patents for AI-enabled pharmaceutical inventions and certain technical methods, and rely on copyright + trade secret protection for the underlying software and know-how.
4. Enforcement in Turkey: from rights to “takip”
Once patent and software rights are in place, foreign right holders can initiate legal proceedings (“takip”) in Turkey to protect their position:
- Patent enforcement: infringement actions, invalidation defenses and preliminary injunction requests are brought before specialised IP courts (primarily in Istanbul, Ankara and Izmir). A validated EP patent or a national Turkish patent allows you to seek injunctions, product seizures, damages and destruction of infringing goods.Mondaq+1
- Software and data enforcement: copyright infringement or trade-secret misappropriation can be pursued through civil actions for cessation and damages, as well as criminal complaints in serious cases.Gurlaw+2Moroğlu Arseven+2
- Customs and regulatory measures: IP owners can also register their rights with customs to intercept infringing pharmaceutical products at the border and coordinate IP strategy with regulatory data and market-authorisation timelines.
Because AI-driven drug discovery is still a relatively new area, careful claim drafting, documentation of the human role in invention and contractual allocation of IP between Turkish and foreign entities are essential for enforceable rights.
5. Practical checklist for foreign investors
When building an AI-driven drug discovery project linked to Turkey, foreign investors should:
- Map which outputs (molecules, formulations, biomarkers, screening methods) are patent-relevant, and which elements (code, models, datasets) should remain trade secrets.
- Decide early on the filing strategy (national vs PCT vs EP validation) and align it with global clinical and commercial plans.
- Implement clear internal policies on inventorship and authorship, reflecting current Turkish and EPC practice.
- Ensure robust confidentiality and IP assignment agreements with Turkish employees, consultants and research partners.
- Plan for enforcement: monitor the Turkish market and be ready to file infringement actions and interim measures swiftly if competitors begin using your AI-generated drug candidates or platform outputs.
With a coordinated patent and software-rights strategy, Turkey can function both as a development base for AI-pharma projects and as a jurisdiction where foreign investors can effectively enforce and monetise their innovations.
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