An Israel Patent is a kind of protection provided for an invention or innovation that meets the set up threshold and regular requirements that is identified in other patent systems: industrial applicability, inventive step and novelty. Israeli Patent is available for a wide audience from the internet provided by the Israel Patent Office. Investors have access to information on patent grant information, modification and cancellation.
It is wise that investors properly understand all the detail involved and conduct a proper patent search to help save time and money. Having the right information will help reduce the chances of patent cancellation after application. Being informed also protects the investors from law infringements that may bring headaches when operations begin.
There is lots of resemblance of Israeli Patent to that of the United Kingdom, its patentability requirements however resembles those of Europe. The United States patent law however greatly influences the Israel Patent Attorneys.
The Nature of Israeli Patent
Israeli Patent grant and cancellation follows written law and looks to protect both the community and the investor. The law further protects investors from exploitation by any involved parties and ensures that everyone’s rights and interests are considered.
The Israel Patent duration of protection is 20 years. The patent is granted and expected to last for twenty years from the first priority (filing) date.
The owner of the registered patent has the right to bar anyone or company from using the innovation by way of sale, production, offer for sale etc. If the right is infringed and the patent holder reports, the offended is entitled to monetary compensation. The damages done by the infringement is calculated retroactively backdated from the date the patent was published. Unlike other global patent systems, Israel Patent only undergoes publication when under allowance.
Filing a Patent in Israel
The inventor has three language options to file a patent in Israel: Arabic, English and Hebrew. The majority patents are usually filed in English.
The Process of Patent Examination
Once the patent if filed, it is queued until the next available examiner reaches it. The patents are reviewed on a first come first served basis. Initially, patents took about three to four years to be reviewed by an examiner IN Israel. Today it takes an average of two years, a major improvement.
Notice Prior to Examination and the Requirements for the Disclosure
The applicant will be required to provide a response to the “Notice before Examination” once the application is received just before the examinations officially begin. This notice is a replica of US IDS (Information Disclosure System). The patent applicant should provide to the examiner any crucial art which may be essential to the invention patentability.
Once the examination kicks off, the applicant is expected to disclose parallel disclosure reference until grant (the references were cited in the report as X or Y for secrecy).
Waivers during Examination
Examination waivers form a very crucial part of the Israeli Patent. The majority of the granted Israeli Patents never undergoes examination, they are approved based on the examination waivers. The most popular Israel examination waiver is Israeli Patent Act section 17 (c). Granted patent in areas like the US, UK, Canada, Japan, Europe, Russia and Australia may amend the corresponding Israel application claim to match those of the issued patent and consequently request for a waiver. In this scenario the examiner should look at the application based on the provided documents.
The other examination waiver type is basically based on the guidelines by the internal patent authority, and the examiner is recommended to amend the provided application to match to a positive patentability PCT opinion.
Even though Israel examination waivers are common, there is a possibility to seek for a stop to the patent examination before it kicks off in order to wait for the grant of a corresponding patent.
Once the examination is concluded by either persuading the examiner or passing through examination waiver, the application undergoes publishing on the official patent journal. Any dispute should be filed within three months from this time onwards.
Opposition to the Patent
Patent oppositions resemble court proceedings. The competing parties provide evidence, witnesses and summations. The winning party is awarded the costs involved in the process. The oppositions are decided by the patent commissioner, personal deputy and patent adjudicator. Oppositions of patents in Israel take about 4 years to come to a conclusion due to the huge backlog. The decision of the patent commission is final and cannot be contested in a court of law.
If an opposition is filed then dropped or if there is no opposition at all, the patent is registered and is republished in the patent journal as a registered Israel Patent.
The Changes to Intellectual Property Law
Israel made changes to the third party submissions, 18 month publication, accelerated examination and filing on electronic media. These changes were made since Israel is a growing economy and rising need for compatibility with the international standards.
The Key changes made to the patent in Israel are as follows:
In addition to the hard copy submissions, DVD/CD shall accompany the submissions
Chronologically publishes the earlier backlog/pending applications and complete about 4500 application monthly.
Following the pending application publication, third parties have the chance to submit the prior work/art. This can only work within 2 months from the application time giving feedback to the notice before the examination.
Third parties can now request for faster examination of the pending patent applications through the provision of affidavit, payment of a certain fee and the reasons for doing so. This happens in about 6 months.
Israeli Patent Unique Facts to Note
Israeli patent is unique from most of the global patent systems in different aspects.
Israel is attached to the Patent cooperation and the Paris Convention Treaty. A national phase patent application can only be done within 30 days from the first filing date. “Due care” is the standard for accepting late applications.
Israel Patent Office recruited several examiners to hasten the examination process and to deal with the accumulated backlog.
Examination waiver is a plus in cases of examination reports, commissioner published patents of allowed patents in other countries or positive PCT search.