Last Updated October 14, 2019

Law and Practice

Author



Gilat, Bareket & Co., Reinhold Cohn Group is the leading intellectual property consulting firm in Israel and offers a broad range of related services and expertise, including protection, asset management, due diligence, litigation and legal services. The firm operates in all areas of IP, such as patents, trade marks, designs, copyrights, open source, plant breeders' rights, etc. The group includes the patent attorneys firm Reinhold Cohn & Partners and the law firm Gilat, Bareket & Co., which specialises in litigation and the legal protection of intellectual property rights in patents, technology, brands, designs, creative works and inventions. Gilat, Bareket & Co. employs 24 attorneys at law, several of whom also hold academic degrees in sciences. Key practice areas include filing suits for patent infringement in courts, representing clients before the Patents Registrar, rendering opinions regarding infringement and freedom to operate, and counselling on service intentions. The author would like to thank Keren Lindenfeld and Tomer Rosenfeld, present and past associate attorneys of Gilat, Bareket & Co., Reinhold Cohn Group, for their assistance.

Patent applications are filed with the Israeli Patent Office (ILPTO). The requirements of patentability are set forth in the Patents Act and are clarified in court judgments and in the Practice Guidelines for Patent Examination, published by the ILPTO.

After filing the patent application, it usually takes a few years until examination commences. There is no need to request examination. Under certain circumstances, the applicant may request an expedited examination (eg, in cases of elderly inventors, 'green applications', or where a third party began exploiting the invention).

A third party may also submit a request for an expedited examination, accompanied by an affidavit, in the following circumstances:

  • examination of the application of the patent according to the set order may cause the applicant for expedited examination, who works in the field of the invention, a delay in the development or production of a product or a process claimed in the patent application;
  • the time passed since the application was filed or since the date of entry into the national phase is unreasonably lengthy, and more specifically, significant time has passed when contrasted with the beginning of examination of another application of the same type;
  • public interest; or
  • extenuating circumstances providing justification.

Companies may use this option against competitors and to reduce the period of uncertainty in the market. 

There are also modified examinations, whereby a patent is granted based on a corresponding foreign patent, without undergoing substantive examination in Israel. Patent Prosecution Highway examination is also available for some countries.

Shortly after a local application is filed, the Registrar of Patents will publish the name of the applicant, the application date and information regarding priority (if claimed).

The patent application remains confidential for 18 months from the date of filing or, if priority is claimed, 18 months from the date of the earliest priority document. Shortly after the expiry of the 18 months, the fact that the application is laid open for inspection is published again by the Registrar of Patents. Until 2012, patent applications would have remained confidential until acceptance of the application (see below) by the Patent Office.

International (PCT) applications are also published under the same principles, but since these applications are usually filed shortly before the 30-month deadline for filing the national phase expires, they become available to the public shortly after filing.

Third party observations may also be submitted; see 1.7 Third-Party Rights to Participate in Grant Proceedings.

After the examination is concluded and the patent examiner accepts the application, the acceptance of the application is published online.

During a period of three months following such publication, third parties may lodge a pre-grant opposition to the grant of the patent. If no opposition is filed during this period, the patent is granted, and a patent certificate will be issued. If an opposition is filed, the Patent will be granted only after the opposition is dismissed and if appealed, after the appeal is dismissed).

Gilat, Bareket & Co., Reinhold Cohn Group

26A Habarzel Street
PO Box 13136
Tel-Aviv
Israel
6113101

+972 3 567 2000

+972 3 567 2030

info@gilatadv.co.il www.rcip.co.il/en/gilat-bareket/
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Author



Gilat, Bareket & Co., Reinhold Cohn Group is the leading intellectual property consulting firm in Israel and offers a broad range of related services and expertise, including protection, asset management, due diligence, litigation and legal services. The firm operates in all areas of IP, such as patents, trade marks, designs, copyrights, open source, plant breeders' rights, etc. The group includes the patent attorneys firm Reinhold Cohn & Partners and the law firm Gilat, Bareket & Co., which specialises in litigation and the legal protection of intellectual property rights in patents, technology, brands, designs, creative works and inventions. Gilat, Bareket & Co. employs 24 attorneys at law, several of whom also hold academic degrees in sciences. Key practice areas include filing suits for patent infringement in courts, representing clients before the Patents Registrar, rendering opinions regarding infringement and freedom to operate, and counselling on service intentions. The author would like to thank Keren Lindenfeld and Tomer Rosenfeld, present and past associate attorneys of Gilat, Bareket & Co., Reinhold Cohn Group, for their assistance.

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