Patents Comparative Guide

Article Insights

1 Legal framework

1.1 What are the sources of patent law in your jurisdiction?

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).

1.2 Who can register a patent?

Any natural or legal person—resident or non‑resident—may register a patent.

2 Rights

2.1 What rights are obtained when a patent is registered?

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

2.2 How can a patent owner enforce its rights?

Enforcement is by action in the District Courts seeking temporary and permanent injunctions, damages, account of profits and ancillary relief.

2.3 For how long are patents enforceable?

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.

3 Obtaining a patent

3.1 Which governing body controls the registration procedure?

The Israel Patent Office (ILPO), Ministry of Justice, administers filing, examination, pre‑grant opposition, grant, and patent term extensions.

3.2 What is the cost of registration?

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.

3.3 What are the grounds to reject a patent application?

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.

3.4 What programmes or initiatives are available to accelerate or fast track examination of patent applications?

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

3.5 Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?

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.

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 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.

3.7 What subject matter is patent eligible?

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.

3.8 If the patent office does not grant a patent, is an appeal available and to whom?

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.

4 Validity/post-grant review and/or opposition procedures

4.1 Where can the validity of an issued patent be challenged?

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.

4.2 How can the validity of an issued patent be challenged?

Mechanisms: ILPO pre‑grant opposition (within 3 months of acceptance publication), ILPO post‑grant revocation (no fixed limitation), and invalidity defenses in court.

4.3 What are the grounds to invalidate an issued patent?

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.

4.4 What is the evidentiary standard to invalidate an issued patent?

Evidentiary standard is civil—balance of probabilities; burden lies with the challenger.

4.5 What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?

Third parties may file pre‑grant oppositions and post‑grant revocations actions; third‑party observations during examination are also possible under ILPO practice.

4.6 Who can oppose a granted patent?

Opposition doesn't apply to a granted patent.

4.7 What are the timing requirements for filing an opposition or post-grant review petition?

Opposition deadline: 3 months from acceptance publication (§30). No fixed deadline for post‑grant revocation.

4.8 What are the grounds to file an opposition?

Opposition grounds mirror refusal grounds and ownership entitlement.

4.9 What are the possible outcomes when an opposition is filed?

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.

4.10 What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?

Tribunal applies patentability standards and civil evidence rules; the opponent bears the burden. Registrar has inquisitorial powers including re‑examination.

4.11 Can a post-grant review decision be appealed and what are the grounds to appeal?

Yes. Ground can be procedural or substantive in nature.

5 Patent enforceability

5.1 What makes a patent unenforceable?

Unenforceability can result from lapse for non‑payment, invalidity, and any statutory exceptions.

5.2 What are the inequitable conduct standards?

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.

5.3 What duty of candour is required of the patent office?

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.

6 Patent infringement

6.1 What constitutes patent infringement?

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).

6.2 Does your jurisdiction apply the doctrine of equivalents?

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.

6.3 Can a party be liable if the patent infringement takes place outside the jurisdiction?

No.

6.4 What are the standards for wilful infringement?

'Willful' infringement is not separately codified; courts consider knowledge/intent in calibrating equitable relief and costs.

6.5 Which parties can bring an infringement action?

Patent holders and registered licensees.

6.6 How soon after learning of infringing activity must an infringement action be brought?

Timing is subject to general civil limitation rules and equitable doctrines.

6.7 What are the pleading standards to initiate a suit?

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.

6.8 In which venues may a patent infringement action be brought?

Venue: District Courts (Tel Aviv, Jerusalem, Central‑Lod, Haifa, Nazareth, Be'er Sheva) have jurisdiction over patent infringement actions.

6.9 What are the jurisdictional requirements for each venue?

Jurisdiction/venue is based on defendant residence/business and subject‑matter thresholds; District Courts are courts of first instance for patent disputes.

6.10 Who is the fact finder in an infringement action?

Fact finder: professional judges—there is no jury system in Israeli civil courts.

6.11 Does the fact finder change based on venue?

Fact finder does not change by venue; patent suits are generally heard in regular District Court divisions.

6.12 What are the steps leading up to a trial?

Typical pathway: pleadings → preliminary hearings → discovery/interrogatories → expert evidence → interim measures → trial (often liability first, then damages) → judgment; possible stay pending ILPO revocation.

6.13 What remedies are available for patent infringement?

Remedies: temporary/final injunctions, damages, account of profits, declaratory relief.

6.14 Is an appeal available and what are the grounds to appeal?

Appeals: District Court judgments to the Supreme Court (as of right); ILPO decisions to District Court with further appeal possible with leave.

7 Discovery

7.1 Is discovery available during litigation?

Discovery is available: production, interrogatories, depositions/witness examination, and expert evidence.

7.2 What kinds of discovery are available?

Tools include requests for production, interrogatories, depositions, requests for admissions and expert reports.

7.3 Are there any limitations to the amount of discovery allowed?

Discovery limits: proportionality and numeric caps (e.g., ~25 interrogatories; higher caps for major claims/class actions); courts actively manage scope and efficiency.

8 Claim construction

8.1 When during a patent infringement action are claim terms defined by the tribunal?

Israel typically does not hold standalone Markman‑style hearings; claim construction occurs within trial or judgment, and courts sometimes address validity first.

8.2 What is the legal standard used to define claim terms?

Claim construction follows purposive interpretation using intrinsic evidence (claims/specification/file history) and expert testimony as needed, consistent with Israeli common‑law practice.

8.3 What evidence does the tribunal consider in defining claim terms?

Evidence considered: claims/specification/prosecution record (ILPO file), and extrinsic expert testimony; courts balance both sources case‑by‑case.

9 Remedies

9.1 Are injunctions available?

Injunctions (temporary/permanent) are available in District Courts under Courts Act §75 and equitable principles.

9.2 What is the standard to obtain an injunction?

Standards: prima facie case, irreparable harm, and balance of convenience for interim orders; final injunctions follow merits.

9.3 Are damages available?

Damages are available; liability/damages are often bifurcated.

9.4 What types of damages are available?

Types: actual damages, reasonable royalties, lost profits, and account of profits; punitive multiples are uncommon.

9.5 What is the standard to obtain certain types of injunctions?

Ancillary orders include search/preservation (Anton Piller‑type) under civil practice; courts may appoint scientific advisers.

9.6 Is it possible to increase or multiply damages due to a party's actions?

Israeli law does not generally provide multiplied damages in patent cases; courts may adjust awards based on conduct within civil discretion.

9.7 Are sanctions available?

Sanctions: cost orders, adverse inferences, striking pleadings, contempt for violating orders—under CPR 2018 framework.

9.8 What kinds of sanctions are available?

Sanctions menu mirrors civil practice (fees, evidentiary sanctions, dismissal/strike‑out, contempt).

9.9 Can a party obtain attorneys' fees?

Prevailing parties may recover attorneys' fees and costs at the court's discretion.

9.10 What is the standard to obtain attorneys' fees?

Standards for fee awards include success on merits, conduct and proportionality; amounts are within judicial discretion.

10 Licensing

10.1 What patent rights can a party obtain through a licence?

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.

10.2 What limits can a patent owner impose on a licence?

Licences can include field‑of‑use, territory, duration, sublicensing, royalty, and quality‑control restrictions, subject to antitrust law constraints.

11 Antitrust

11.1 Are there any limits on patent protection due to antitrust laws?

Antitrust limits: restrictive arrangements and abuse of dominance are policed under competition law; exercise of patent rights must comply with these rules.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.