Applicants must provide an address in Israel to which correspondence may be sent by the Patent Office. The Office will not send notices or receipts to addresses overseas.
- WHO MAY APPLY:
The owner of an invention (whether the inventor or his assignee) may apply for a patent in Israel.
Patent applicants are referred to Article 98 of Israel Patents Law, 5727-1967, that states as follows:
"An Israel national, a permanent resident of Israel or any other person who owes allegiance to the State shall not submit any application abroad for a patent for an invention the subject of which is weaponry or ammunition, or which is otherwise of military value, or for an invention with which section 95 deals, and he shall not—directly or indirectly—cause a said application to be submitted, unless one of the following applies:
(1) he received written permission from the Minister of Defense in advance;
(2) he submitted an application in respect of that invention in Israel and within six months after that application was submitted the Minister of Defense did not make an order on it under section 94, or he made such an order, but it is no longer in effect. "
Only a patent agent or attorney registered to practice in Israel may represent an applicant. See Patent Attorney Offices.
- WHICH INVENTIONS ARE PATENTABLE:
To be patentable an invention must be new, utile, capable of industrial or agricultural application and possess an inventive step. Universal novelty up to the date of application (or date of Convention Priority) is required. Thus any publication (written, oral or by exhibition) or use, in any country, even by the owner of the invention, may prevent the grant of a valid patent. A patent will not be granted for methods of medical treatment or for plant or animal varieties. Each application may relate to only one invention.
- PROTECTION AVAILABLE:
- Patents - for twenty years from the date of application subject timely payment of renewal fees.
- Patent of addition - as long as parent patent is in force, without payment of renewal fees.
- FILING REQUIREMENTS:
- Application form (four copies); title to be in Hebrew and English.
- Specification (two copies), in English or Hebrew.
- Drawings (two copies).
- Power of Attorney.
- Receipt of Israel Postal Bank showing deposit in account of the Patent Office of the; (i) filing fee; and, (ii) first publication fee (see Patent fees).
- Accompanying letter listing enclosures and fees enclosed.
- METHOD OF PAYMENT OF FEES:
Payment of fees can only be made by deposit into the account of the Patent Office in the Israel Postal Bank: Account Number - 0-24145-2. Preferably, payments should be made with a pre-printed deposit slip obtainable from the Patent Office. The payment receipt must be sent to the Patent Office together with a letter detailing the matter to which the payment relates, If the pre-printed deposit slip is used the portion thereof marked as for the Patent Commissioner should be set to the Patent Office.
- FORMAT OF SPECIFICATION:
- Title sheet bearing only the title of the invention in Hebrew and English. The title should concisely and clearly identify the invention. Titles such as "chemical compound" are unacceptable.
- Introduction explaining the purpose of the invention and reviewing the state of the prior art and referring to the prior art known to the inventor which is closest to the invention.
- Description of the invention including a method of execution thereof with reference to examples of drawings if necessary.
- Claims defining the invention and based sufficiently on the disclosure in the specification.
- The specification must be typed in Hebrew or English and must be signed at the end. Typing should be double-spaced, on one side of the paper only and with adequate margins.
One copy must be on firm white paper, of good quality. The second copy may be on similar paper or on sheets of transparent, flexible strong material. The paper should be A4 or folio (29-34 cm. By 21 cm.). Drawings must be clear, legible and in permanent black ink. The drawings should contain a minimum of descriptive material.
- MINIMAL REQUIREMENTS:
In urgent cases an application will be accepted provisionally until the completion of all the formal requirements providing that the following minimal requirements are met:
- Application for a patent.
- Specification of an invention.
- Name of applicant.
- Israel Postal Bank receipt for filing fee.
Without all of the above, a filing day will not be assigned, nor will a file be opened, and the documents submitted may be returned to the applicant.
- OFFICE PROCEDURE:
- Examination of completeness and form of documents within a few months. Fixed period for reply.
- Publication of filing details in the Patents and Designs Journal.
- Substantive examination (after 18 - 36 months). Applicant will be required to submit a list of all documents cited in searches made in other countries. Introduction of new substantive matter during application proceedings may involve post-dating of the whole part of the application to the date of introduction.
- On acceptance, the second publication fee is due.
- Abstracts of accepted applications are published in the Patents and Designs Journal and the file is opened to public inspection.
- If no opposition is filed within three months of the second publication date a patent will be granted.
- Compulsory licenses may be granted by the Commissioner in cases of abuse of monopoly.
- Transfers of rights and licenses must be recorded to have effect against third parties.
- Immediate substantive examination may be requested where the circumstances justify such. (Requires additional fee.)
- CONVENTION APPLICATIONS:
Israel is a member of the PARIS CONVENTION. Applicants desiring to claim priority under the Convention must apply within twelve months of the earliest foreign application and include the priority claim and details on the application form. A certified copy of the specification as filed with the foreign application must be filed within twelve months of the Israeli application. If this specification is not in English, French of German a certified translation will be required.
- INTERNATIONAL APPLICATIONS:
Israel has acceded to the PATENT COOPERATION TREAT (PCT) as of June 1996. Israel may therefore be designated in an international application made under the PCT.
For further information see - entering national phase in Israel