Expedited Patent Examination in Israel Expedited Patent Examination in Israel: Advantages, Disadvantages, and Application Process

Grounds for Expedited Patent Examination in Israel

The Israeli Patent Law outlines several reasonable grounds for expediting the examination of a patent application. These grounds are designed to balance the interests of applicants, the public, and the Israel Patent Office (ILPO), while ensuring fairness and efficiency in the patent registration process.

Here are the main grounds recognized by the law:

1. Advanced Age or Medical Condition: This ground is intended to protect elderly or seriously ill applicants who need quick protection for their invention before it is too late.

2. Unauthorized Use of the Invention: This ground is intended to protect the applicant’s rights in cases where there is a risk of unauthorized use of the invention.

3. Corresponding Application Abroad: This ground is intended to encourage the filing of patent applications in different countries, while gaining an advantage in expedited examination in Israel.

4. Significant Public Impact: This ground is intended to allow for expedited examination of patent applications that have the potential to make a significant contribution to the public.

5. Special Circumstances: This ground allows for flexibility in exceptional cases where there are special circumstances justifying expedited examination of the application.

It is important to note that each of these grounds must be supported by appropriate evidence. For example, in the case of advanced age or medical condition, a medical certificate must be presented. In the case of unauthorized use, evidence must be provided, such as letters or photographs documenting the use.

Routes for Expedited Patent Examination in Israel

There are two main routes for filing a request for expedited patent examination in Israel:

Normal Track:

This track allows for the expedited examination of a patent application in accordance with the conditions specified in the law. Applications in this track are examined by a qualified examiner immediately, expediting their place in the examination queue.

Eligibility Criteria for Filing Request:

1. Meet one of the recognized grounds for expedited examination (as detailed in the previous section).

2. Pay a special handling fee.

3. Submit relevant documents supporting the request.

Advantages:

1. Relatively quick decision on whether to expedite the examination.

2. Examination of the application by a qualified Israeli examiner.

3. Suitable for cases where particularly rapid protection of the invention is required.

Disadvantages :

1. Relatively high handling fee.

2. The request may not be approved if it does not meet all the required conditions.

PPH Track:

The PPH or GPPH arrangement was incorporated into Israeli law in Section 19A(a)(2) of the Patent Law.

The PPH (Patent Prosecution Highway) arrangement is a bilateral arrangement for expedited patent examination. This arrangement is agreed upon between the Israel Patent Office and a corresponding office abroad, including the PCT Authority. This arrangement allows for the acceleration of the patent registration examination procedure if a corresponding patent is filed in a country that is a party to the arrangement and if the patent applicant has met the conditions set out for this purpose. As of October 1, 2020, the Israel Patent Office has signed a PPH agreement with:

1. The United States Patent and Trademark Office (USPTO)
2. The European Patent Office (EPO)
3. The Japanese Patent Office (JPO)
4. The Danish Patent and Trademark Office (DKPTO)
5. The National Board of Patents and Registration of Finland (NBPR)
6. The Canadian Intellectual Property Office (CIPO)
7. The Spanish Patent and Trademark Office (SPTO)
8. The Chinese Patent Office (CPO)

This track allows for the expedited examination of patent applications in accordance with international agreements between the Israel Patent Office and patent offices in other countries. Applications in this track are examined by qualified examiners in the countries party to the agreement, with close cooperation between the authorities.

In addition, the Israel Patent Office is a party to the Global Patent Prosecution Highway (GPPH) arrangement, which began in 2014. This arrangement supersedes specific bilateral PPH arrangements, if any, and if the country with which the arrangement is made is a member of the GPPH pilot program. That is, the GPPH is intended to create a single arrangement with all countries participating in the pilot program and those that will join later.

In addition, this arrangement allows for the acceleration of the patent registration examination procedure on the basis of a positive examination report received from the PCT Authority.

This arrangement also allows for the acceleration of the patent registration examination procedure on the basis of a negative examination report received from the PCT Authority, subject to the submission of its response to the international search report to the Authority in Israel (and not to the PCT Authority) or its response to the preliminary examination report (meaning Demand as mentioned in Section 48A of the Law) to the Authority in Israel. Therefore, if the applicant has responded to such reports, he or she will be entitled to request the acceleration of the examination of the application under Section 19A(a)(2) of the Law. An application for expedited examination in this pilot track must be submitted as an application for examination in the PPH track (but there is no need to attach a claim correspondence table in this case, as is required for a regular PPH application).

Eligibility Criteria for Filing a PPH Request:

1. Meet one of the recognized grounds for expedited examination (as detailed in the previous section).
2. Submit relevant documents supporting the request.
3. Pay additional fees to the patent offices in the countries party to the agreement.

Advantages of the PPH Track:

1. Relatively quick examination of the application, taking into account the examination results in other countries.
2. Suitable for cases where a corresponding application has been filed in other countries.
3. Cost savings.
4. No fee.

Disadvantages of the PPH Track:

1. Accelerates the examination and can accelerate the situation where the application is not approved, if it does not meet all the required conditions or the examination results in other countries.

The choice between the On-Site Track and the PPH Track depends on the specific circumstances of each case.