ISRAEL Law and Practice Contributed by: Eran Bareket, Reinhold Cohn Group
1. Intellectual Property Rights and Granting Procedure 1.1 Types of Intellectual Property Rights The Israeli legal system provides protection for inventions by way of patents and trade secrets. In addition, protection may also be provided by way of the law of unjust enrichment (unfair com- petition). Unlike some countries, there is no protection for utility models. Other forms of intellectual prop- erty (such as copyright, layout-design (topogra- phy) of integrated circuits, trade marks, indus- trial designs, plant breeders’ rights) exist. Since the Israeli legal system is a common law one, intellectual property law is primarily gov- erned by legislation and regulations therein and by case law laid down by the courts. 1.2 Grant Procedure Patent applications are filed with the Israeli Pat- ent Office (ILPTO). The requirements of patenta- bility are set forth in the Patents Act and clarified in court judgments and in the Practice Guide- lines for Patent Examination published by the ILPTO. Examination After filing the patent application, it usually takes a few years until examination commences. There is no need to request an examination. Under cer- tain circumstances, the applicant may request an expedited examination (eg, in the case of elderly inventors, “green technology applica- tions”, an applicant’s declaration that the Israeli application is the first application and is intended to serve as a basis for priority claim, or where a third party has begun to exploit the invention).
A third party may also submit a request for an expedited examination accompanied with an affidavit, in the following circumstances: • examination of the application of the patent according to the set order may cause the applicant for expedited examination, who works in the field of the invention, a delay in the development or production of a product or a process claimed in the patent applica- tion; • the time that has passed since the application was filed, or since the date of entry into the national phase, is unreasonably lengthy, and more specifically, significant time has passed compared to the beginning of the examina- tion of another application of the same type; • public interest; and • extenuating circumstances providing justifica- tion. Companies may use this option against com- petitors and to reduce the period of uncertainty in the market. There is also the possibility of a modified exami- nation, whereby a patent is granted based on a corresponding foreign patent, without under- going substantive examination in Israel. Patent prosecution highway (PPH) examination is also available for some countries. Publication Shortly after a local application is filed, the Reg- istrar of Patents will publish the name of the applicant, the application date and information regarding priority (if claimed). The patent application remains confidential for 18 months from the date of filing or, if priority is claimed, for 18 months from the date of the ear- liest priority document. Shortly after the expiry
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