| The Israeli economy is characterized by modern | | | | applicant must provide the marked up pages |
| industry, technological and scientific knowledge, | | | | thereof. |
| intensive activity in foreign trade and a | | | | Information Disclosure Statement: An applicant of |
| well-developed financial market. Since | | | | an Israeli Patent Application is required to inform |
| Israel’s natural resources are poor, priority | | | | the Israeli Patent Authority about any existing |
| is given to research and development | | | | prior art of which he is aware. This demand is |
| investments to promote the technological and | | | | continuous, expiring only at the Publication Date. In |
| qualitative edge of Israeli products in international | | | | this regard, Israel has adopted the USPTO |
| markets. In addition, Israel has a well-developed | | | | attitude. |
| service sector, which fully supports industry via | | | | Reliance on conclusions of examination in other |
| banking, accounting, legal and technological | | | | countries: One of the most important points of |
| services. | | | | patent prosecution in Israel is Section 17(c) of the |
| Israel is acclaimed for its highly skilled labor force, | | | | Israeli Patent Law. This section enables the |
| inviting the attention of international technological | | | | Examiner to adopt results of a parallel application |
| giants such as IBM, Microsoft, and Intel, which | | | | examination in the following states: Austria, |
| have established and maintain R&D centers. | | | | Australia, United States, Germany, Denmark, The |
| Teva, the largest manufacturer of generic | | | | United Kingdom, The Russian Federation, Japan, |
| pharmaceutics, is an Israeli enterprise, as are | | | | The European Patent Office, Norway, Canada and |
| world-leading hi-tech enterprises such as | | | | Sweden. In other words, if at the time the Israeli |
| Checkpoint, Alvarion and Aladdin Knowledge | | | | examination takes place, a patent on a parallel |
| Systems. Additionally, the Internet revolution has | | | | application in one of the aforesaid states has been |
| produced hundreds of Israeli startups, the most | | | | granted, the Israeli Examiner is liable to adopt this |
| renowned being Mirabilis, the manufacturer of ICQ, | | | | result, and grant a patent. This spares the |
| the famous instant messenger. | | | | applicant excess prosecution effort. |
| Israel’s legal system, particularly comprising | | | | Notice of Allowance: When the Examiner |
| Intellectual Property laws, has an excellent | | | | concludes that the application in its current form |
| reputation. Israel is also a member of most major | | | | complies with the Israeli Law and Regulations, a |
| international conventions of Intellectual Property, | | | | Notice of Allowance is issued. After paying a fee |
| such as the Paris Convention and the PCT | | | | of $120, the entire application, including the |
| Convention, implementing into the law most | | | | specification, is officially published. For three |
| standards outlined in these conventions. A partial | | | | months following the Publication Date, anyone |
| list of the conventions and treaties of which Israel | | | | may file an objection to grant of a patent. Should |
| is a member is cited at the end of this article. | | | | such an objection be filed, the arguments |
| Filing: A patent application has to be filed at the | | | | presented are examined, and if the Examiner |
| Israeli Patent Office in Jerusalem. The filing | | | | rejects the objections, or if no objection has been |
| process is quite simple in comparison, for | | | | filed, a patent is granted. |
| example, to the American practice. The filing fee | | | | Confidentiality: With the exception of general |
| is "modest", currently averaging about | | | | details such as the applicant name, the invention |
| $200. | | | | title, and so on, the specification is not available to |
| The specification of an application for patent may | | | | the public until the Publication Date. |
| be in English, one of Israel’s official | | | | Maintenance fees: An Israeli patent may be in |
| languages, in advantageous contrast to other | | | | effect 20 years from its filing date. Nevertheless, |
| countries, in which the applicant must have the | | | | this period can be extended up to five years in |
| entire specification or at least the granted claims, | | | | patents for medicaments. |
| translated into local language. | | | | The maintenance fees are as follows: |
| Priority: An Israeli application may claim priority | | | | Before the end of the 6th year from the filing |
| from a former application for patent in a | | | | date: $70; |
| “convention state” (generally | | | | Before the end of the 10th year from the filing |
| speaking, a state or territory to which the Paris | | | | date: $420; |
| Convention applies) if the following terms are | | | | Before the end of the 14th year from the filing |
| sustained: | | | | date: $870; and |
| The former application for patent was filed no | | | | Before the end of the 18th year from the filing |
| more than 12 months from the latter; | | | | date: $1050. |
| An application for priority has been filed within two | | | | Alternatively, a patentee may pay $2250 in |
| months from the filing date (of the Israeli | | | | advance, for the entire 20 year period of the |
| application for patent); | | | | patent’s lifespan. |
| A certified copy of the former application | | | | A delay in paying maintenance fees may result in |
| (specification and drawings) was provided to the | | | | abandoning the patent. |
| Israeli Patent Authority within 12 months from the | | | | Patent attorneys: According to Israeli Patent Law, |
| filing date; | | | | patent attorneys (as well as licensed practicing |
| In the case wherein the prior application is not | | | | advocates) possess exclusive rights for wage |
| drafted in an Israeli formal language, the Israeli | | | | brokering regarding patent prosecution, design and |
| Patent Authority may ask the applicant to provide | | | | trademark registration, preparation of all |
| a translation of the specification into an Israeli | | | | documents for intellectual property authorities in |
| formal language (English being among such). | | | | Israel and abroad, and representation of applicants |
| The Israeli Patent Examination: The Israeli Patent | | | | before the intellectual property authorities. |
| Authority performs an examination to determine | | | | Conventions: Israel is a member of most major |
| whether the application complies with the Israeli | | | | international treaties on intellectual property rights, |
| law and regulations. This examination is usually fair | | | | including: |
| and considerably less formal than, for example, | | | | Trade Related Aspects of Intellectual Property |
| the examinations of USPTO. Emphasis of the | | | | (TRIPS) |
| examination is on the worldwide common | | | | Paris Convention for the Protection of Industrial |
| criterions for patentability: novelty, inventiveness, | | | | Property, Stockholm revision (1967). |
| industrial applicability, and usefulness. | | | | Bern Convention for the Protection of Literary |
| Not all inventions are eligible for patent protection | | | | and Artistic Works. |
| in Israel. For example, mathematical formulae and | | | | Rome Convention (1961): International Convention |
| methods for medical treatment of human beings | | | | for the Protection of Performers, Producers of |
| are ineligible for patenting in Israel. It should be | | | | Phonograms and Broadcasting Organizations |
| noted that methods for doing business are also | | | | Patent Cooperation Treaty, (PCT) (Washington |
| ineligible for patenting in Israel. Practically, the | | | | 1970) |
| Israeli Patent Authority has adopted the European | | | | Madrid Agreement for the Repression of False or |
| attitude to software-related inventions and | | | | Deceptive Indications of Source on Goods (1891); |
| methods for doing business. | | | | Lisbon revision (1958); Stockholm revision (1967). |
| Prosecution: The Israeli Patent Authority starts | | | | Nice Agreement Concerning the International |
| the examination process about four or five years | | | | Classification of Goods and Services for the |
| after the filing date in Israel, depending on the field | | | | Purposes of the Registration of Marks (1957); |
| of the invention. Nevertheless, the examination | | | | Stockholm revision (1967). |
| can be expedited in the event a third party is | | | | Lisbon Agreement for the Protection of |
| utilizing the claimed invention. The fee for applying | | | | Appellations of Origin and their International |
| for expediting an examination is about $150. | | | | Registration (1958); Stockholm revision (1967). |
| A response to an Official Action should be filed | | | | Strasbourg agreement Concerning the |
| within four months, although the applicant has the | | | | International Patent Classification (1971). |
| option to delay his response. In this case a fee of | | | | Convention for the Protection of Producers of |
| about $15 per additional month should be paid. | | | | Phonograms Against Unauthorized Duplication of |
| Generally speaking, the Israeli Examiner is not | | | | Their Phonograms (1971). |
| inclined to abandon an application for patent if the | | | | Budapest Treaty on the International Recognition |
| applicant thereof has failed to response to an | | | | of the Deposit of Microorganisms for the |
| Official Action within the required period. There is | | | | Purposes of Patent Procedure (1977). |
| no limit on the “rounds” (Official | | | | International Convention for the Protection of |
| Action and the response thereof) of prosecuting | | | | New Varieties of Plants (UPOV) (1979) (1991 Act). |
| an application, and no fee need be paid upon | | | | Universal Copyright Convention (1952). |
| issuing or responding to an Official Action. | | | | Convention Establishing the World Intellectual |
| According to Israeli patent practice, an | | | | Property Organization (1967). |
| amendment to the specification or claims requires | | | | Disclaimer: The information on this web site is |
| replacing the previous pages with new pages. The | | | | general and cannot take the place of professional |
| new pages have to be marked by notations | | | | advice given with full knowledge of the specific |
| identifying the version of the page. For example, | | | | circumstances of each case following consideration |
| “123456/2” at the top of a page | | | | of the relevant facts and laws. Furthermore, for |
| denotes that the page is the second version of | | | | the sake of clarity, some details have been |
| the corresponding page of Israeli Patent | | | | omitted or partially specified. |
| Application Number 123456. In addition, the | | | | |