ISRAEL Law and Practice Contributed by: Eran Bareket, Reinhold Cohn Group
1.5 Rights and Obligations of Owners of Intellectual Property Rights A successful patentee who prevails in an infringement action is entitled to the remedies prescribed in the Patents Act, namely injunctions and damages, as well as any other remedy the court may determine. One such additional rem- edy is delivery up of infringing goods for destruc- tion. When ruling on damages, the court may take into consideration the acts of the infringer, the scale and magnitude of the infringing acts, the profits made by the infringer and the reasonable royalties that the infringer would have had to pay, if they had been given a licence to exploit the patent. This list is not exhaustive. The court may also rule for punitive damages for an amount that does not exceed the actual damages ruled (namely, double damages), if the infringement was committed after the pat- entee or the exclusive licence owner warned the infringer prior to the infringing act. As such, under some circumstances it is advisable to send warning letters to the alleged infringer prior to filing a suit. As to the obligations of the patentee, they have to pay renewal fees only after the patent is grant- ed. The fees payable and the periods of renewal are as follows. • First term (six years) – USD252. • Second term (four years) – USD503. • Third term (four years) – USD755. • Fourth term (four years) – USD1,258. • Fifth term (two years) – USD1,761. It is also possible to pay the renewal fees in advance for the entire 20-year period with a
• 2019: mechanics electronics and physics (40.6), computers communications and medi- cal devices (43.9), chemistry and pharma (44.6), biotechnology (50.7) and average (44.1). • 2018: mechanics electronics and physics (43.9), computers communications and medi- cal devices (45.1), chemistry and pharma (47.5), biotechnology (55.5) and average (46.7). Costs The costs of the grant procedure for the nation- al phase in Israel, from filing to grant, including professional fees and official fees, also varies between technological fields (and based on the amount of work required from the local patent attorney).
• Life sciences: USD7,000–12,000. • Technology: USD6,500–7,500. • Hi-tech: USD6,500–7,500. • Physics: USD6,500–7,500.
Please note that the duration and average costs relate only to the examination period and do not include opposition proceedings, which can sig- nificantly increase the costs and duration of the grant procedure. 1.4 Term of Each Intellectual Property Right Patents are granted for a period of 20 years from the date of the application. It is possible to receive a patent term extension (PTE) of up to five years for applications deal- ing with medicines, certain medical devices and veterinary products registered with the Ministry of Health. PTEs are not available for agrochemi- cal inventions.
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