In order to obtain design protection in Israel, a design application has to be filed with the Patent, Trademark and Design Office and undergo an examination procedure during which the design application is evaluated for its fulfillment of all prerequisites for design protection.
In this article we will present the design registration process in Israel.
File an application
To obtain registration on a design, an applicant must first file an application (along with the applications’ filing fee). The application must comply with the registration conditions, as stated in the new Design Law.
It is possible to claim priority for a design application under the Paris Agreement.
Examination and Expedited Examination
A design application will be examined roughly within 6 month from its filing date. It is also possible to request an expedited examination process, subject to filing an affidavit explaining the grounds for such rushed examination, along with its fee. The Israeli Design Office may grant the expedited examination at his discretion.
Examination and Office Objections
During the examination process, the Design Office may raise any objections it may have (“Office actions”) and the applicant’s may request to present his reply arguments in front of the registrar.
In case the registrar finds, based on search and examination, that the design’s application is to be denied, amended or otherwise changed, the applicant will first receive a written objection. The applicant will then have three months to reply to the registrar’s objection.
In case the registrar has further denied the applicant’s response, the applicant will be able to request a judicial hearing, as stated in the new Design Law.
An appeal on the Registrar’s decision may be filed to the District Courts.
Acceptance and Publication
Once the examination process is complete, and the design has been found to be fit for registration, the Patent Office will accept the application and publish it in the Design Gazette, in its upcoming monthly issue, as well as on its website.
There is no opposition period for design in Israel. Registration of the design becomes valid once the examination process is complete, and the design has been found to be fit for registration.
