Israel Patent Office denies authority to retroactively restore the priority period for design registration

If an Israel design application is filed within six months of an identical application filed abroad in a Paris Convention country, the Israel application is entitled to the effective filing date of the foreign application.

In Design Application No. 51361 to Serti, the application was filed more than six months after the corresponding foreign application was filed and the applicant petitioned for a retroactive extension of time. Yaara Shoshani Kaspi, the adjudicator at the Israel Patent Office refused the request ruling that the Israel Patent Office had no authority to consider such requests. Consequently, she didn’t relate to the grounds brought.

COMMENT

Shoshani Kaspi is correct. In this instance, there is no indication what the design is, whether the attorney was at fault for missing the date, or if there was an oversight due to something attributable to an Act of God, like an earthquake, or something more mundane like technology failure. Was this a last-minute mistake wrongly assuming the Israel Patent Office was closed on a Sunday, or something similar?

There is no indication what the design in question is, so it is not clear if all is lost or whether the design could be protected by copyright, trademark law or unjust enrichment.

 

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