WIPO Provides Access to Israel’s Patent Data

November 23, 2009

WIPO’s PATENTSCOPE® now includes the patent data collections of eight patent offices: African Regional Intellectual Property Organization (ARIPO), Cuba, Israel, Republic of Korea, Mexico, Singapore, South Africa and Vietnam.

WIPO has been working closely with these patent offices to ensure the data collections are fully searchable and has provided partial funding for Israel’s computerization process.

The availability of Korean patents is important as there is a lot of technology developed there and these are otherwise rather difficult to access. They have not yet been carried by Delphion, for example.

 


Israel PCT Receiving Office – have your say!

November 3, 2009

The Israel Patent Office has published a questionnaire offering users of the PCT Receiving Office in Israel the opportunity to express their satisfaction or dissatisfaction with the service provided and to comment on tentative plans to go paper-less. 

I, for one, have always found Head of Receiving Office, Dr. Michael Bart and his staff forever courteous and helpful, and, apart from filing in Geneva on Mondays where the Paris deadline was Saturday or Sunday, or for saving clients excess page fees for gene sequences, prefer filing in Israel. 

I can’t link to the questionnaire, but Liat King liatki@justice.gov.il at the Israel Patent Office will send one to interested parties.  The deadline for responding is the end of November. 


Patent Backlogs Continue to Mount

September 23, 2009

backlog

According to WIPO, the backlog in pending patent applications around the world that are waiting for examination now stands at 4.2 million – see the following press release.

One way to make the examination system more efficient is, of, course, greater collaboration between the various national / regional patent offices.  Although there are differences regarding patentable subject matter and the degree of inventive step or non-obviousness required for a claim to be patentable, broadly standards are similar and novelty is supposed to be absolute.

The Israel Patent Law includes a highly efficient examination evasion procedure detailed in Section 17c, wherein the claims allowed by any of a long list of examining countries can be obtained in Israel without substantive examination.  Under the current Commissioner of Patents, Dr. Noam, the idea has been extended to include a positive ISR, allowance based on an allowed patent without formally invoking Section 17c and other efficiency improving innovations.

Associates in Australia have brought to our attention that

“in response to the economic downturn, the Australian Patent Office is offering applicants the chance to withdraw their request for examination and therefore to forgo the obtaining of patent rights in exchange for a refund of the official fee of Au $420″.  

This is, of course, another way to reduce backlogs.


Thailand to Join PCT Treaty

September 23, 2009

In a welcome development, Thailand is joining the Patent Convention treatment (PCT). It will be possible to file PCT applications in Thailand as of January 2010.

Phucket: Please note – PCT applications filed elsewhere prior to that date cannot be ratified in Thailand. Indeed, care must be taken to prevent the PCT application from becoming prior art, i.e. the Thailand application should be filed within 18 months from the priority, document of the PCT and within 12 months under Paris to claim priority.

Personally, I’ve never filed or prosecuted in Thailand. Indeed, I dont’ recal being asked by a client to quote for filing in Thailand, although apparently the firm has filed pharmaceutical applications there for various local ethical clients. I don’t imagine this new development will have much of an impact on my day-to-day work. Will there be a flood of Thai national phase applications into Israel? Who knows.


Israel Applies to be PCT International Search Authority

August 4, 2009

Having reached the magic number of 100 examiners, the Israel Patent Office has, according to Maariv Newspaper’s website, applied to join the exclusive list of International Search Authorities.  The request will be considered by the UN in September.

The list of international patent offices includes the EPO, USPTO, South Korean, Chinese, Russian, Canadian and Australian patent offices, and a collaboration of Nordic patent offices.

Apparently the Egyptian Patent Office is also looking to join the exclusive club. Since Arabic is a recognized official UN language there is certainly a need for an Arabic search authority despite the relatively small numbers of patents filed in Arabic and originating in Arabic speaking lands. Israel has a diverse population speaking many languages and there are a lot of Arab science and technology graduates from Israeli universities.

Whether or not Egypt gets the job, one wonders if Arab patent offices will elect to send applications to Israel. At present, Israeli examiners are probably less competent at searching than their EPO or USPTO counterparts. This will presumably change if they are required to do first searches more often.

At present, Israeli PCT applicants can chose between the EPO or the USPTO for searching. Recently the USPTO have got much better and more efficient at meeting deadlines. It is not clear if Israel gets ISR status, whether Applicants will be able to choose the USPTO or EPO as the International Search Authority - ISR.

On the other hand, it is relatively easy for Israeli inventors to accelerate examination in Israel. Until now, an Israel Patent Office substantive examination was not generally highly regarded and many applicants preferred to invoke section 17c of the Israel Patent Law and get an Israeli application allowed based on a patent issuing elsewhere in any of a large number of patent offices with appropriate examination standard. Presumably Israel examination standards will improve if this initiative goes through.

Another ramification is that Israeli inventors may presumably choose to file in Arabic which is an official Israeli language and UN language. this will enable to go international via the PCT mechanism, but still keeping their inventions effectively secret as Arabic language applications are not generally monitored.

If this happens in large numbers, I suppose I will be out of a job as I draft in English…


Israel Patent Office Clarifies “Due Care” for Missed Patent Filing Deadlines

August 2, 2009

Missed deadlineIn IL 187147 to James Howared, the Applicant missed the 30 month deadline and filed in the 31st month. Israel is a 30 month regime. The Applicant, represented by Reinhold Cohen (RCIP) appealed the decision and the Adjudicator of Patents, Noach Shmulovich Shalev, ruled that unintentionally missing the deadline is not enough; the Applicant is required to show Due Care. 

The case is very similar to IL 175104 (one of my clients), where I cited Read the rest of this entry »


AIPI Hosts Lecture By Mr. Matthew Bryan on PCT Developments

June 7, 2009

Mr. Matthew Bryan the Director of Patent Cooperation Treaty (PCT) at WIPO gave a presentation to the Association of Israel Patent Attorneys, the AIPI today at the American Zionist House, Tel Aviv – the traditional venue used by the organization.

Matthew Bryan

Matthew Bryan

ZOA House
ZOA House

In addition to an overview of recent developments, participants were treated to a glimpse of what the future Read the rest of this entry »


Significant increase in Israeli PCT filings

January 29, 2009

In 2008 approximately 1,882 International Patent Applications originating in Israel were filed. This is an increase of 76 applications over 2007, and represents a 7.8% Read the rest of this entry »


Israel Remains on US Priority Watch List

May 4, 2008

For the third year running, Israel appears on the Priority Watch List Read the rest of this entry »


Indians Becoming Increasingly in Demand

April 3, 2008

The Indian Patent Office has announced having granted a record 15,262 patents during 2007-08, which is more than double Read the rest of this entry »


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