The IP Factor

Under the Israel Patent Law which dates from 1967, the title of applications and the name of the applicant publish fairly quickly, but the contents of patent applications only publish for opposition purposes, once they’ve been allowed by the Examiner. However, most examining countries publish applications 18 months after the priority date.

This anomaly to Israel’s patent system is no longer justifiable, since applications are routinely scanned and saved electronically. Back in June last year, there was a first reading of an amendment to the Patent Law to publish applications 18 months after filing.

This will make Israel Applications searchable, and make reading the Israel Patent Office Gazette (Yoman) less necessary.

Attorney Howard Poliner who is responsible for IP related issues at the Israel Ministry of Justice and is presumably in charge of drafting the amendment, has sent around a letter requesting feedback on various issues.

For example, should automatic publication occur for all applications? or whether, as in the US, for example, if an application not file abroad, can applicant request to withhold publication until the patent is allowed?

Is the current section 16 publication that an application has been filed moot? Should this publication in the patent journal be scrapped?

Should the publication create a date from which a cease-and-desist letter can be sent out? If so, can the applicant claim damages from this time if the patent eventually issues?

Should third parties be allowed to submit prior art?

One interested side effect of the proposed amendment is that many of the advantages for Israeli clients to first file in Israel, where their main markets are abroad are lost. the amendment may actually decrease filing in Israel.

Anyway, along with my comments, I will alert Howard of any useful feedback I get from readers, and we’ll keep you informed of developments.