The IP Factor

Concerning registered design number 39367, the Judicial Review Officer at the Israel Patent Office, Yaara Shoshani Caspi has refused to allow a lapsed design to be reinstated.

In Israel, designs are registered for 5 years at a time and may be renewed twice, to a maximum of 15 years. The design should be renewed before the 5 months are up, but registrant has a grace period of six months.

The registered design in question was up for renewal in June 2009 and so the grace period ended in December 2010. The request for reinstatement was made and the fee paid in April 2010.

The Judicial Review Officer found claims of ill-health and financial straits not supported by evidence, but ruled that since the Design Ordinance grants a six month grace period without talking about extensions or giving the Commissioner of Patents discretion in the matter, there was no mechanism for revival even were a compelling case made.

This entry was posted on Sunday, April 18th, 2010 at 6:21 pm and is filed under design, israel design ruling, Israel IP, Israel Patent Office, Israel Patent Office Rulings. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.