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COUNTRY : STATE OF ISRAEL
CAPITAL : JERUSALEM
LANGUAGE : HEBREW & ARABIC
Israely Patents & Trademarks office is managed by The ministry of Justice.
INTERNATIONAL TREATIES TO WHICH ISRAEL IS SIGNATORY
- Paris Convention for the protection of Industrial Property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
PATENT LEGISLATION IN ISRAEL:
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.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN ISRAEL:
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 NOT PATENTABLE IN ISRAEL:
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.
- Plant or Animal Varieties
- Prejudicial to the Interest or Security of the Nation.
PartityPatents Law Firms through its associates in Isreal is at hand to help you with patent registration and prosecution.
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.
FILING REQUIREMENTS OF PATENTS IN ISRAEL:
(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.
EXAMINATION OF THE PATENT APPLICATION IN ISRAEL:
Upon receipt the patent application is examined for formalities compliances.
- Regarding any objection, amendments, changes, applicant to respond within fixed period of time.
- Details of the patent application are then published after which applicant to request substantive examination.
- Patent application then published for the second time.
- If there is no objection, or opposition by third parties within stipulated period of time, patent is granted. Expedited examination is also possible in Israel subject to certain conditions.
RIGHTS OF THE PATENTEE IN ISRAEL:
Patents with a term of 20 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer. • Patentee may even assign, lease or license the patent.
- Patentee is entitled to take legal action against infringers.
- Patentee is entitled to retain moral right over the invention as ‘the author of the invention’.
- The patent can be pledged for which it has to be registered in the patent register to become effective.
COMPULSORY LICENCES OF PATENTS IN ISRAEL:
Compulsory licences are granted by the Authorities in cases of abuse of monopoly of patents.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Israel, can assist you comprehensively with Compulsory Licence matters.