COUNTRY : STATE OF ISRAEL
CAPITAL : JERUSALEM
LANGUAGE : HEBREW & ARABIC
Israely Patents & Trademarks office is managed by The ministry of Justice.
• Paris Convention for the protection of Industrial Property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
FILING WITH PATENT OFFICE – 12 Months
REQUEST FOR EXAMINATION – Within 6 month from the date of direction
COMPLIANCE OF OFFICE ACTION –
ANY OTHER COMPLIANCE –
IP LAW IN ISREAL
Israel’s legal system is a mixed jurisdiction incorporating elements from both common law and civil law. It displays multiple influences from Ottomon and British Models thereby making it heterogeneous and unique .
Patents in Israel are governed by its National Patent Law.
Patents are granted by Israeli Patent Office.
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’
Inventions pertaining to the following:
• Discoveries, Scientific Theories & Mathematical methods.
• Aesthetic creations.
• Substances already existing in nature and nuclear materials.
• Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
• Programmes for Computers.
• Inventions contrary to public order & morals.
• Methods of treatment by surgery or therapy on humans and animals.
(i). A formal request for the grant of a patent of invention .
(ii). The name and address or head office of the applicant or his representative .
(iii). Short adequate Title of the Invention to be patented.
(iv). Summary of the invention and Priority data if any.
(v). Description of the invention along with drawings if any.
(vi). Claims along with Abstract
(vii). Drawings necessary to understand the invention.
(ix). Application filed in English along with other documents to be translated in Hebrew.
Though software inventions are not patentable in Israel and are protected under Copyright Laws, Utility patents based on novel software are frequently filed and granted.
EXAMINATION OF THE PATENT APPLICATION IN ISRAEL:
Compulsory licences are granted by the Authorities in cases of abuse of monopoly of patents.