We’ve just been scammed with details of Patent 2009, a new service offering patent pending status + search for 2009 NIS + fees. Someone wise once told me that when something sounds too good to be true, it usually is.
Apparently the firm, operated by a Ms. Jessica Cohen (presumably the attractive woman in the white bathrobe that appears in their spam mail shot) uses technical experts to draft and file provisional patents without claims in the US.
Ms. Cohen does not appear to be a registered Israel Patent Attorney or an Attorney-at-law. I checked both registries, but clearly there a lot of Cohens and she may be licensed under another name. From her website she certainly appears not to be licensed. This does not stop her providing testimonials from satisfied clients for both patent and trademark services.
Alongside the woman in the bathrobe is a picture of an issued US patent resplendent with seal and ribbon. Since provisional patent applications do not become examined and cannot issue into allowed patents, this is a little misleading.
Ms Cohen claims that Patent2009 is her registered trademark and uses the circle R mark. She has indeed filed a trademark application in Israel for the stylized logo, but the mark has not yet issued. Since words like Patent cannot be protected by trademarks and 2009 is inherently non-distinctive, we wait to see how examination of the trademark proceeds. We are pleased to note that she has the courage of her convictions and does not use professional counsel for her trademark services. We also assume from her choosing such a poor choice of mark, that she believes in filing to obtain pending status rather than to filing applications that may be allowed.
When drafting provisional applications, like real utility applications that are examined, every word is a two-edged sword. Statements can be used against you. There is a reason why qualified practitioners are expensive. If the provisional does not include a proper description of the inventive feature that later on, on examination, proves to have novelty and inventive step, it is valueless. If after filing the provisional, an inventor describes something or publishes it in a publicity brochure or the like, but the provisional is insufficient, then claiming priority rights from it is meaningless.
Anyone can file a trademark application for themselves. Only licensed patent attorneys or attorneys-at-law can do so on behalf of clients. Helping filling in forms is legal advice. It is illegal to do this if not licensed to do so. see Section 19 and 20 of the Israel Bar Law.
Ms Cohen apparently files provisional application without claims. It is not clear that such an application can serve as a priority document for a regular application.
She can’t have professional liability insurance as she is not a professional and we assume in three months time she’ll be trading as Patent2010, putting her fees up by a Shequel and the Limited liability company which presumably has few assets will no longer exist.
We call upon the AIPA and the Israel Law Society to protect the interest of the public and the profession and to close her down.
Another non-licensed practitioner that came my way recently actually calls himself a licensed patent agent in his sales literature, despite not being licensed in Israel, the US or anywhere else. This is not only illegal under the Israel Bar Law, but is also passing off and unjust enrichment.
Posted by Dr Michael Factor 
