Israel Patent Authority Refuses Revival of a Design Four Years’ After it Lapses

In Israel, registered designs are registered for 5 years. This period may be extended for two additional periods of 5 years each. i.e. up to 15 years. The renewal should be paid during the period that the design is registered, and the Israel Patent Office sends reminders to the registrants. If the design is not renewed in time, the applicant may renew retroactively during a grace period of up to six months, on paying extension fees.

In this case, design number 34297 lapsed on 26 April 2004 due to failure by the applicant to pay the renewal. It appears that during the grace-period, the original renewal was paid, but it is not clear that details were sent to the Patent Office. Also, the extension fees were apparently not paid.

The company, represented by its patent attorney, Matti Barzam, attempted to revive the application some 4 years later. The Review Officer and arbitrator of Intellectual Property, Ms. Shoshani Caspi rejected the revival application, stating that procedurally there was no basis in law for revival at such a late stage,  and that additionally, the applicant for revival did not have a case. She also noted that the fact that the design had lapsed was published in the Patent Journal, and third parties could rely on this to manufacture competing products.   

Categories: design, Intellectual Property, Israel, israel design ruling, Israel IP, Israel Patent Office, Israel Patent Office Rulings

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