Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
3.
Obtaining a patent
3.1
Which governing body controls the registration procedure?
 
Israel
The Israel Patent Office.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.2
What is the cost of registration?
 
Israel
The fees for patent registration are currently ILS2,010 (approximately $570). The costs of registering a patent include the patent agent’s fee and other Patent Office fees during the process. Attorneys’ fees usually range from $5,000 to $10,000.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.3
What are the grounds to reject a patent application?
 
Israel
  • Failure to comply with the patentability requirements set forth in Section 3 of the Patents Law (novelty, utility, industrial application and inventive step);
  • Failure to comply with the requirements of enablement, sufficiency, description (Article 12) and support of claims (Article 13);
  • Failure to provide a full list of references and publications (Section 18). The courts have held that such failure amounts to lack of good faith (eg, see CC 14/92 (Nazareth Distr) Plasson Maagan Michael Industries Ltd v Freddi Priant et al. [1993]);
  • Lack of ownership of the invention; and
  • Failure to comply with the formal requirements set forth in Chapter 3(a) of the Patents Law (payment of relevant fees, inclusion of proper specification and claims etc).
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.4
What programmes or initiatives are available to accelerate or fast track examination of patent applications?
 
Israel
According to Section 19A of the Patents Law, an applicant may request accelerated examination of its application by submitting to the registrar a request detailing reasonable justification for this request, accompanied by an affidavit supporting the facts specified in the request. Section 19A also provides examples of reasonable justifications, including:

  • the applicant’s advanced age or medical condition;
  • the existence of a programme which provides for expedited examination due to a corresponding application (eg, a Patent Prosecution Highway programme, according to a bilateral or multilateral agreement);
  • unauthorised exploitation of the invention by another person;
  • improbable delay in commencement of the examination; and
  • public interest.

An accelerated examination may also be requested by a third party, based on justifications including:

  • an established concern that regular examination of the application may cause a delay in the development of the product or process claimed in the patent application;
  • improbable delay in commencement of the examination; and
  • public interest.
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.5
Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?
 
Israel
Yes. According to Section 7(1) of the Patents Law, method claims for human therapeutic treatments are not permissible. According to Section 7(2) of the Patents Law, claims for new varieties of plants or animals are also not permissible, except microbiological organisms not derived from nature. So-called ‘use claims’ are further not permissible, as they are not perceived as either process or product claims. So-called ‘Swiss-type’ format claims are further not allowed. Case law has created additional exclusions, such as methods of doing business.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.6
Are any procedural or legal mechanisms available to extend patent term (eg, adjustments for patent office delays, pharmaceutical patent term extension or supplementary protection certificates)?
 
Israel
Yes, in the form of patent extension orders, but only in respect of patents relating to pharmaceutical preparations and medical devices. Extension orders may be granted for up to five years as compensation for regulatory delays that prevent the patent holder from exploiting the patent. The conditions for their grant are listed in Section 64D of the Patents Law, as follows:

  • The substance, process for production or use thereof, medical preparation incorporating the substance or process for production thereof, or medical equipment claimed in the basic patent and the basic patent remain in effect;
  • The pharmaceutical preparation contains a substance registered in Israel’s Pharmaceutical Registry;
  • Said registration is the first registration containing the substance enabling the substance to be used in Israel for medical purposes;
  • No other extension order has previously been issued for the patent or the substance; and
  • If marketing approvals have been granted in the United States or in a recognised European country, an extension period for a patent claiming said preparation abroad has been granted and remains valid in both the United States (if applicable) and the recognised EU country (if applicable).

How the term is calculated depends on the preparation’s patent term extension status when related patents are applied for in foreign countries (which is the case for the vast majority of preparations). The term of extension may not exceed the shorter of:

  • five years;
  • the shortest term of extension of related patents in recognised patents;
  • 14 years for the date of the first marketing authorisation in Israel or in a recognised country; or
  • the expiry or revocation of the related patents or their  patent term extensions in a recognised country.
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.7
What subject matter is patent eligible?
 
Israel
Section 3 of the Patents Law stipulates that a ‘patentable invention’ is “an invention, be it a product or a process in any field of technology, which is new and useful, has industrial application and involves an inventive step”. See question 3.5 above regarding exclusions.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
3.8
If the patent office does not grant a patent, is an appeal available and to whom?
 
Israel
Yes. If the Israel Patent Office rejects a patent application, the applicant may request to be heard before the registrar. If, after the hearing, a patent is not granted, the applicant may appeal by right to the district court within 45 days of the decision, according to Section 174 of the Patents Law and Regulation 191 of the Patents Regulations. In addition, the registrar, at the applicant’s request, may reconsider the refusal if a request to this effect is submitted within 12 months of the date of refusal.

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