An Israeli Court Overturns the Patent Registrar's Decision on Lack of Inventive Step

Very few decisions are issued by courts in Israel regarding patents. One recent decision was an important one, in that it overturned the Israel Patent Registrar's decision of refusal of a patent application, relating to crystalline forms of a drug on the market.

In April 2022, the District Court of Tel Aviv, acting as a Court of Appeals, issued a decision overturning the refusal of patent application 207772 by Mr. Ofir Alon, the Israel Patent Registrar. The background for this decision is as follows: In 2010, Intra-Cellular Therapies Inc. had filed patent application 207772 as a national phase of the PCT patent application PCT/US2009/001608, relating to crystalline forms of the lumateperone tosylate, an atypical antipsychotic drug used for treating bipolar depression and schizophrenia. In April 2020, after a prolonged examination and a proceeding before the Registrar, the patent application was refused. The Registrar's decision was then appealed by the applicant at the District Court of Tel Aviv.

During the prosecution of the application and the proceeding in front of the Israel Patent Registrar.


Originally published July 2022

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