What Costs are Legitimate to Claim on Winning a Patent Opposition in Israel?

measuring costs

Israel Weapons Industries (IWI) successfully cancelled Israel Patent Application Number 175676 to FN Herstal.

There was an attempt to have the opposition thrown out in its entirety which failed, and Israel Weapons Industries (IWI) paid 4000 shekels in costs to FN Herstal. On applicant withdrawing patent application, Israel Weapons Industries (IWI) filed for real costs, consisting of 33,272 Shekels in legal fees, 14,750 Shekels for 50 hours of IWI employee time in preparing the request and a refund of the 4000 Shekels costs paid out in the first action. FN Herstal accepted their obligation to pay real legal costs, but rejected the request to pay for IWI employee time and to refund the legal fees.

In his ruling, Commissioner of Patents and Trademarks, Assa Kling noted that in an earlier decision (relating to IL 141762), the patent office had ruled that staff are paid globally and that no additional costs are incurred for their time. He also saw no reason to reopen his previous ruling concerning the 4000 Shekels. He therefore ruled that the 33,272 Shekels should be paid and that both parties should pay their own costs for this additional decision.

 

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