Patents Prosecution Process in Israel

In Section 3 of the Israel Patent Act, the Israeli legislator has established the necessary framework for protecting novel, useful inventions in any field of technology, that is a product or process, which can be used industrially, and involves an inventive step over the known art .

In this article we will present the patent registration process in Israel.

File an application

To obtain registration on a patent, 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 Israeli Patents Act.

It is possible to claim priority for a patent application under the Paris Agreement or under the Patent Cooperation Treaty Agreement (PCT).

Examination and Expedited Examination

A patent application will be examined roughly within 3 years 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 Patent Office may grant the expedited examination at his discretion.

Examination and Office Objections

During the examination process, the Patent 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 patent’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 Israeli Patents Act.

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 patent has been found to be fit for registration, the Patent Office will accept the application and publish it in the Patent Gazette (along with the applications’ publication fee), in its upcoming monthly issue, as well as on its website.

This begins the opposition stage as described below.

The opposition period

Registration of the patent becomes valid if no opposition has been filed against the application during the three-month period after publication, or if any opposition proceedings initiated against the application have been denied by the registrar or settled.

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