Primary sources: Patents Law, 5727–1967 (main statute) and Patents Regulations (Office Practice, Rules of Procedure, Documents and Fees); ILPO Examination Guidelines also guide practice. Israel is party to the Paris Convention, the PCT and TRIPS, which inform local practice.
Filing routes include direct national via Paris Convention priority (12 months) and PCT national phase (30 months).
Any natural or legal person—resident or non‑resident—may register a patent.
On grant, the patentee has the exclusive right to prevent others from exploiting the invention. Exploitation includes (for products) making, using, offering for sale, selling, and importing; and (for processes) using the process and exploiting products directly
Enforcement is by action in the District Courts seeking temporary and permanent injunctions, damages, account of profits and ancillary relief.
Standard patent term is 20 years from the filing date, subject to payment of maintenance (annuity) fees; lapse and reinstatement are governed by statute. Patent Term Extensions of up to five years may also be available for some pharmaceutical inventions.
The Israel Patent Office (ILPO), Ministry of Justice, administers filing, examination, pre‑grant opposition, grant, and patent term extensions.
The following are the basic official fees, and do not include professional fees. The official fees are updated on January 1, annually, in accordance with the cost of living.
Basic official fees for 2026 are as follows:
Filing fee: ILS 2,402
Excess pages fee per 50 pages in excess of 100, not including sequence listings, due at time of filing: ILS 300
Official excess claims fee, per claim from 51st, due when responding to Notice Prior to Examination: ILS 616
Publication fee (allowance): ILS 841
Additional fees may apply relating to extensions, accelerated examination, for example. Inquiries should be made in specific cases.
Refusal grounds include lack of novelty, inventive step, utility/industrial application, non‑patentable subject matter such as methods of human treatment, lack of support, unity of invention, non‑compliance with formalities, and breach of the duty of disclosure.
Acceleration programs: expeditated examination based on age/health, third‑party use, undue delay, public interest; Green Channel (environmental benefit); Patent Prosecution Highway (PPH) relying on a corresponding allowed application in a participating jurisdiction; and Modified Examination relying on a corresponding granted patent in a participating jurisdiction. First actions in accelerated cases typically issue within ~3 months after approval
Excluded claims include methods of therapeutic treatment of the human body and new plant/animal varieties, except non‑natural microorganisms). Nonetheless, product‑for‑use medical claims and dosing regimens framed as product‑for-use are accepted; computer/software or business‑method claims must show concrete technological character per ILPO guidelines.
Israel provides Patent Term Extensions (PTE/SPC) for pharmaceuticals. Key features: strict 90‑day filing from Ministry of Health registration; ‘first registration’ of the substance in Israel; duration capped by the shortest foreign extension in the US/UK/FR/DE/ES/IT (‘Recognized Countries’), up to 5 years, and overall protection capped at 14 years from the first foreign marketing authorization.
Eligible subject matter: any product or process in a technological field that is new, useful, industrially applicable and involves an inventive step, except for statutory exclusions such as methods of therapeutic treatment of the human body.
Refusals/decisions of the Registrar (ILPO) can be appealed to the District Court (e.g., Tel Aviv/Jerusalem), with further appeal available to the Supreme Court with leave.
Validity can be challenged pre‑grant in ILPO opposition proceedings, post‑grant in ILPO revocation proceedings, and in District Courts as a defense/counterclaim in infringement actions.
Mechanisms: ILPO pre‑grant opposition (within 3 months of acceptance publication), ILPO post‑grant revocation (no fixed limitation), and invalidity defenses in court.
Lack of novelty, inventive step, utility/industrial application, non‑patentable subject matter such as methods of human treatment, non‑compliance with formalities, breach of the duty of disclosure, insufficiency of disclosure, prior publication, added matter post publication, formal defects, and entitlement/ownership disputes.
Evidentiary standard is civil—balance of probabilities; burden lies with the challenger.
Third parties may file pre‑grant oppositions and post‑grant revocations actions; third‑party observations during examination are also possible under ILPO practice.
Opposition doesn’t apply to a granted patent.
Opposition deadline: 3 months from acceptance publication (§30). No fixed deadline for post‑grant revocation.
Opposition grounds mirror refusal grounds and ownership entitlement.
Outcomes: opposition rejected and application will then proceed to grant; opposition accepted and application is then rejected; opposition accepted in part, and application will then proceed to grant, possibly after amendment. In ownership dispute the rights may be awarded to the proven owner.
Tribunal applies patentability standards and civil evidence rules; the opponent bears the burden. Registrar has inquisitorial powers including re‑examination.
Yes. Ground can be procedural or substantive in nature.
Unenforceability can result from lapse for non‑payment, invalidity, and any statutory exceptions.
Applicants have an ongoing duty of disclosure of prior art cited in parallel examinations in other jurisdictions. Failure to disclose such materials to the Patent Office may lead to administrative sanctions or cancellation.
Duty of candor/disclosure: applicants must list known relevant publications and references from corresponding cases upon Notice Prior to Examination and update until allowance; ILPO circulars detail format and scope.
Infringement is unauthorized ‘exploitation’ of the patented product/process in Israel. Scope is assessed against claims and may extend to the ‘essence of the invention’, see for example, Hughes Aircraft Company v. State of Israel (CA 345/87).
Israeli Supreme Court jurisprudence (Hughes) recognizes infringement capturing the ‘essence of the invention’ and variants that perform substantially the same function in substantially the same way for the same result.
No.
‘Willful’ infringement is not separately codified; courts consider knowledge/intent in calibrating equitable relief and costs.
Patent holders and registered licensees.
Timing is subject to general civil limitation rules and equitable doctrines.
Pleading standards follow the Civil Procedure Regulations (2018): statement of claim/defense, mandatory early mediation for claims over ILS 40,000, case‑management, discovery, expert affidavits and cross‑examination.
Venue: District Courts (Tel Aviv, Jerusalem, Central‑Lod, Haifa, Nazareth, Be’er Sheva) have jurisdiction over patent infringement actions.
Jurisdiction/venue is based on defendant residence/business and subject‑matter thresholds; District Courts are courts of first instance for patent disputes.
Fact finder: professional judges—there is no jury system in Israeli civil courts.
Fact finder does not change by venue; patent suits are generally heard in regular District Court divisions.
Typical pathway: pleadings → preliminary hearings → discovery/interrogatories → expert evidence → interim measures → trial (often liability first, then damages) → judgment; possible stay pending ILPO revocation.
Remedies: temporary/final injunctions, damages, account of profits, declaratory relief.
Appeals: District Court judgments to the Supreme Court (as of right); ILPO decisions to District Court with further appeal possible with leave.
Discovery is available: production, interrogatories, depositions/witness examination, and expert evidence.
Tools include requests for production, interrogatories, depositions, requests for admissions and expert reports.
Discovery limits: proportionality and numeric caps (e.g., ~25 interrogatories; higher caps for major claims/class actions); courts actively manage scope and efficiency.
Israel typically does not hold standalone Markman‑style hearings; claim construction occurs within trial or judgment, and courts sometimes address validity first.
Claim construction follows purposive interpretation using intrinsic evidence (claims/specification/file history) and expert testimony as needed, consistent with Israeli common‑law practice.
Evidence considered: claims/specification/prosecution record (ILPO file), and extrinsic expert testimony; courts balance both sources case‑by‑case.
Injunctions (temporary/permanent) are available in District Courts under Courts Act §75 and equitable principles.
Standards: prima facie case, irreparable harm, and balance of convenience for interim orders; final injunctions follow merits.
Damages are available; liability/damages are often bifurcated.
Types: actual damages, reasonable royalties, lost profits, and account of profits; punitive multiples are uncommon.
Ancillary orders include search/preservation (Anton Piller‑type) under civil practice; courts may appoint scientific advisers.
Israeli law does not generally provide multiplied damages in patent cases; courts may adjust awards based on conduct within civil discretion.
Sanctions: cost orders, adverse inferences, striking pleadings, contempt for violating orders—under CPR 2018 framework.
Sanctions menu mirrors civil practice (fees, evidentiary sanctions, dismissal/strike‑out, contempt).
Prevailing parties may recover attorneys’ fees and costs at the court’s discretion.
Standards for fee awards include success on merits, conduct and proportionality; amounts are within judicial discretion.
Licences may convey rights to make, use, sell, offer for sale and import, and to sub‑license if agreed; exclusive licensees may have standing to enforce.
Licences can include field‑of‑use, territory, duration, sublicensing, royalty, and quality‑control restrictions, subject to antitrust law constraints.
Antitrust limits: restrictive arrangements and abuse of dominance are policed under competition law; exercise of patent rights must comply with these rules.
