Expedited patent examination in Israel is available in appropriate circumstances when an applicant needs examination earlier than the application’s ordinary place in the Israel Patent Office queue.
For applicants, there are three principal routes for advancing examination: (1) an On-the-Spot examination request under Section 19A(a) of the Israeli Patents Law; (2) expedited examination under a PPH or GPPH arrangement; and (3) priority examination for a Green Patent Application.
A request by a third party to accelerate examination of someone else’s pending patent application is a separate mechanism. See our guide to Third-Party Requests to Expedite Patent Examination in Israel.
1. On-the-Spot Examination under Section 19A(a)
Section 19A(a) allows a patent applicant with reasonable grounds to file a reasoned request, supported by an affidavit, asking that examination of the application be advanced.
The statutory grounds include:
the applicant’s advanced age or medical condition; the examination of a corresponding application in circumstances recognized by the Registrar; unauthorized exploitation of the claimed invention, or a substantiated concern that such exploitation is likely; an unreasonable delay since filing or national phase entry, including a delay that is significantly longer than the time taken to begin examination of similar applications; public interest; special circumstances justifying expedited examination.
The request should explain why the particular application should be examined ahead of applications that would otherwise precede it in the queue and should include the evidence needed to support the relied-upon ground.
2. Expedited Examination under PPH and GPPH
The Patent Prosecution Highway (PPH) and Global Patent Prosecution Highway (GPPH) provide a separate route for accelerating examination where relevant examination work has already been carried out on a corresponding foreign or international patent application.
In general, the applicant relies on examination results from a participating patent office or a relevant PCT work product and submits the documents required under the applicable PPH framework. The Israeli application remains subject to Israeli patent law and Israel Patent Office examination practice.
For international patent families, the PPH route can be particularly useful where claims have already been found allowable or patentable abroad and the Israeli claims can be coordinated with those results.
3. Expedited Examination for a Green Patent Application
A Green Patent Application is a patent application concerning an invention that contributes to improving the environment, for example by reducing pollution, mitigating environmental harm or promoting environmentally beneficial technology.
The Green Patent route is treated separately from an On-the-Spot request. An applicant seeking this classification should explain briefly how the invention contributes to environmental improvement so that the Israel Patent Office can determine whether the application qualifies for priority examination.
Which Expedited Examination Route Should an Applicant Use?
The appropriate route depends on the reason for seeking earlier examination. A statutory On-the-Spot request is relevant where the applicant can establish one of the recognized grounds under Section 19A(a). A PPH or GPPH request is relevant where favorable examination work exists in a corresponding foreign or international application. A Green Patent request is appropriate where the invention qualifies for the environmental priority track.
Drori-Stav IP assists applicants and foreign patent counsel in selecting and filing the appropriate request as part of our patent filing and prosecution services in Israel.
Effect of Expedited Examination
Advancing the examination date does not guarantee that the patent application will be accepted or granted. The application remains subject to the substantive and formal requirements of Israeli patent law, and the examiner may issue objections, require amendments or refuse the application if the statutory requirements are not met.
For further discussion, see Y. Drori, Patent Law, Perlstein Ginosar Publishing, pp. 603-618 (2023) (Hebrew).
