Oppositions to Divisional Applications and to Patent Applications with Divisionals

In Israel, after a patent application is allowed, it publishes for opposition purposes and third parties have three months to file oppositions prior to the patent being granted.

Prior to the application being published for opposition purposes, applicants may file divisional applications claiming aspects of the invention not covered by the main claims of the main (parent) patent.  These claim the same priority as the parent application and may be maintained for the same period as the parent patent.

The Israel Commissioner of Patents has now issued a Circular to the effect that if an opposition is filed with regard to an application having a divisional application, both the applicant and the opposer can request that the opposition proceedings are stayed until the divisional or continuation are examined.

The Patent Office will do its best to examine the continuation or opposition as promptly as possible.

It seems that the purpose of this is to prevent duplication of work and a waste of resources. It also prevents an applicant whose patent is successfully opposed, being able to remain patent pending with substantially similar claims filed in a divisional application.

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