Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Patents
2.
Rights
2.1
What rights are obtained when a patent is registered?
 
Israel
According to Section 49 of the Patents Law, a successfully registered patent entitles the patent holder to enjoin third parties from exploiting the invention for which the patent is granted without consent or unlawfully. ‘Exploitation’ is use either in the manner prescribed in the claims or in any manner which involves the essence of the invention in view of its claims. Section 49(b) clarifies that: “The grant of a patent does not constitute permission to exploit any invention unlawfully or in a manner that constitutes infringement of any existing rights under any law.”

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
2.2
How can a patent owner enforce its rights?
 
Israel
Patent holders and exclusive licensees can enforce their rights by filing suit in court. Under Section 179 of the Patents Law, an action for infringement may be brought only after the patent has been granted.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
2.3
For how long are patents enforceable?
 
Israel
According to Section 52 of the Patents Law, a patent remains valid for 20 years from the date of filing of the patent application, provided that renewal fees are paid. A patent may still be enforced by way of a claim for damages after the expiry of this term, subject to Israel’s seven-year statute of limitations, if the infringement occurred during the life of the patent. The possibility of post-term injunction has been considered by the courts, although it is unclear to what extent this option exists.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group