Back in March, we reported a decision to invalidate Israel Patent number 184892 which related to claims of inventiveness for overlocking the hem of a ritual garment. See Another Two Holding a Tallit.
In a sequel to this sad story, the applicant has requested permission to amend the claims and that opposer has opposed this. The arbitrator, Noach Shalev Shmulovich, has ruled that it is too late to raise this type of issue which should have been raised prior to his Decision. Without, ahem, knocking the ritual significance of a hem.
Applicant cited Section 65 that allows post-grant narrowing and does not rule out post Decision, and pointe out that under Section 75, annulmnet proceedings were appealable, and thus the decision is not final, per se. The adjudicator accpeted that there was a period for judicial review and the the client could have gone to court, but ruled that it was too late to amend the claims.
The decision could have ramifications for more serious cases such as pharmaceutical patent oppositions and annulment proceedings which generally revolve around the issue of inventive step. Clearly it is advantageous in such cases, as with Law generally, that decisions are, after appeals, etc. , eventually final.
Applicant is reminded that in Jewish Law a court ruling “Maaseh Bet Din” is generally final as well.
