Patent

The owner of a registered patent has the exclusive right to the commercial exploitation of the invention for a limited period of time in the country where the patent is granted. A monopoly is rewarded to the patent owner in order to encourage innovation and the investment of resources in research and development. The owner of the patent may grant licenses to third parties.

We work in collaboration with renowned technology experts to serve the patent needs of our Israeli and foreign clients.

Patent in Israel
The Israel Patents Law provides that in order to register a patent, the invention must be novel, i.e., something never previously published or commercially exploited anywhere in the world. The invention must be useful, i.e., it must have commercial applicability. The invention must include an inventive step which is not obvious in view of the knowledge known to the public at the date of filing. Finally, the invention must be disclosed in such a manner that an average professional in the field of the patent may build it.

The duration of a patent is 20 years from the date of filing.

Israel is a member of the Paris Convention which provides that the first filing date in one member country is recognized as the priority date for additional applications that are filed within 12 months from the priority date in any other member country.

Israel is also a member of the Patent Corporation Treaty (PCT) that enables the filing of one single patent application that may later be designated to any and all PCT member states.

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Israel Practice Tips

Patent Grant in Israel based on foreign Patent Grant
A way to save time and money in obtaining patent registration in Israel is to base the patent application on Section 17 of the Israel Patents Law which enables an Israel patent to be granted, on the basis of a patent granted in Austria, Australia, US, Germany, Denmark, UK, The Russian Federation, Japan, The European PTO, Norway, Canada and Sweden.

The Israel patent claims should not be broader than the claims in the corresponding application; there needs to be identity between the description and drawings. Further, there must be an interaction of priorities between the patent applications: either the Israel application claims priority from the patent application on which the corresponding patent was granted; or the corresponding patent claims priority from the Israeli application; or both claim priority from a different patent application.

In a Patent Office where examination may last as long as four years there are definite advantages to the above procedure, or to requesting an accelerated examination.

Accelerated Examination
Expedited examination may be requested in justifiable circumstances. If a patent has been commercially exposed and infringement is taking place or imminent, examination may be expedited. Once a request for accelerated examination has been filed, prosecution begins very soon after.

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