A Certificate for half a Patent

half a patent

Sarin Technologies applied for Israel Patent 138347 and, back in 2008, on allowance, Ugi Systems LTD filed an Opposition. The Israel Patent Office eventually rejected the Opposition and the patent was granted, however Ugi appealed the Decision to the Tel Aviv District Court. The case is pending but in an interim ruling the Court has stated that the Commissioner’s decision regarding claims 16 to 27 has been made final. Thus the Court is currently only considering the validity of claims 1-15 and claims 16 to 27 are allowed.

Sarin has applied for a patent certificate for the allowed claims.

The  Commissioner notes that section 8 states that a patent can only cover one invention and that until a patent publishes for opposition purposes one can file a divisional. In this case, there is one invention and some claims are still in dispute. It is too late to file a divisional application. Section 35 states that a patent will issue if oppositions are finally dismissed and only on the patent issuing will a certificate be given. The commissioner therefore rejects the request to issue a certificate for some of the claims.

COMMENT

Presumably if the Applicant cancels claims 1-15 he can bring the Opposition to an end. What I don’t understand is why the Applicant can’t do that and convert the remaining claims into a patent of addition?

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