Section 24a of the Israel Patent Law 1967 allows for filing a divisional application at any time up to a patent application issuing.
In the interests of clarifying the scope of protection, in Circular 81, the Commissioner of patents has ‘clarified the ambiguity of’ this Section of the Law by interpreting it to mean that divisional applications can only be filed prior to the parent application issuing.
With the proposed amendment allowing for 18 month publication, this measure is clearly required. Nevertheless, I am not convinced that this is interpretation of the law, but rather amendment thereof.
Arguably this measure requires a formal amendment to the Law by the Knesset and goes beyond the authority of the Commissioner. It should be included in the proposed amendment for 18 month publication (second reading) and it would be fun if someone challenges this Circular on procedural grounds.
Categories: Intellectual Property, IPO, Israel, Israel IP, Israel Patent, Israel Patent Office, Israel Patent Office Rulings, Israel Related, Opinion, patent search, patentable subject matter, Patents