Israel Patent Office Adjudicator Awards Costs for Forcing Patentee to Amend Claims

April 16, 2009

In Patent voiding proceedings brought by Bromium Compounds Limited against IL 97620 to Albemarle Corporation, the patentee filed a voluntary amendment to Claim 10, thereby rendering the oposer’s case moot, causing the voiding procedure to be withdrawn. Since the Arbitrator at the Patent Office did not rule in the case and the claim wasn’t cancelled, the patentee argued that there were no grounds for awarding costs to Bromium Compounds. The adjudicator, Ms Yaara Shoshani Caspi was not swayed by this and considered that the voluntary amendment was the direct result of the voidance proceedings brought by Bromium Compounds, and awarded 4000 NIS is costs – about a thousand dollars.