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.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Patents
8.
Claim construction
8.1
When during a patent infringement action are claim terms defined by the tribunal?
 
Israel
There are no hard-and-fast rules in this regard, but generally there is no preliminary decision on interpretation similar to a Markman hearing in the United States.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
8.2
What is the legal standard used to define claim terms?
 
Israel
Generally, courts use regular judicial interpretation rules as a legal standard when defining claim terms, such as the contra proferentem rule (interpretation against the drafting party), which may be used against the applicant, or the ‘blue pencil’ rule. Thus, patents are interpreted like any other legal document. Specifically with respect to patents, it has been held that the claims and the description must be read as a whole for the purpose of interpretation, and terms are defined according to their meaning in the specification, as understood by a person of skill in the field of the invention.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
8.3
What evidence does the tribunal consider in defining claim terms?
 
Israel
The court will usually rely on expert witness, although it is not bound to accept the opinion of an expert. If there is uncertainty in defining the claim terms according to the patent document, the court may consider external documents, including correspondence between the inventor or its representatives and patent offices. There is lack of uniformity in case law with respect to the applicability in Israel of the file wrapper estoppel.

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