In Patent Office Circular, M. N. 75, the Israel Commissioner of Patents, Dr. Meir Noam, has restored Australia to the list of countries whose examination is considered on a level with the Israel Patent Office’s standards, such that as far as novelty, inventive step, unity of invention and utility is concerned, if the Australian patent office grants a patent for an invention, the corresponding Israel application is allowable under Section 17c of the Law, providing the claim-set is conformed.
Back in 2008, Dr. Noam removed Australia from the list but did not provide any explanations for his actions. Presumably the decision was based on some perceived flaw in the Australian examination. Apparently Dr. Noam is now assured that Australian patents are up to standard.
Whilst accepting Dr. Noam’s authority to decide who should and should not be in the list, we believe that in the interests of transparency, the Commissioner should provide at least minimal explanation for such changes.
Dear Dr. Factor,
With an extended YES list would your strategy change? Will you go first to the Australian PTO?
One good point raised at the end regarding transparency.
Thank you & Shana Tova