Israel Patent Attorney Exam flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Novelty under Section 5

An invention is novel if it was not published, used, or otherwise made available to the public, in Israel or abroad, before the priority date; the prior art must disclose all claim features.

Inventive step Section 6

The invention must not be obvious to a person skilled in the art in light of the prior art; ILPO applies a problem-and-solution approach analogous to the EPO.

Industrial applicability Section 7

The invention must be capable of being made or used in any kind of industry, including agriculture; abstract or non-reproducible subject matter fails this requirement.

Section 4 exclusions

Discoveries, scientific theories, mathematical methods, aesthetic creations, schemes for mental acts or games, presentations of information, and methods of medical treatment of humans are excluded from patentability.

Priority under Section 10

A 12-month convention priority may be claimed from a first application in a Paris Convention or WTO member state; multiple priorities are permitted for different claims.

Paris Convention priority period

Article 4 sets a 12-month priority period for patents and utility models, and 6 months for designs and trademarks, counted from the first filing date.

PCT national phase deadline

Israel's national phase entry deadline is 30 months from the priority date; the applicant must pay the national fee and file a translation if the application is not in Hebrew.

TRIPS Article 27

Patents must be available for any invention in all fields of technology, provided it is new, involves an inventive step, and is capable of industrial application, without discrimination as to field.

Patent term Section 18

The patent term is 20 years from the filing date, subject to maintenance fees and to extensions under Sections 64A-64I for pharmaceutical products.

Opposition Section 52

Any person may oppose a granted application within 3 months of publication of acceptance, on grounds of lack of patentability, insufficient disclosure, or improper applicant entitlement.

Amendment Section 22

Before grant, the specification and claims may be amended with the Registrar's approval; amendments cannot add matter beyond the original disclosure under Section 23.

Best mode Section 13

The specification must disclose the best mode known to the applicant at the filing date; failure to do so can be a ground for revocation of the patent.

Unity of invention Section 14

One application per inventive concept; lack of unity triggers a restriction requirement and the applicant may file divisional applications for the other inventions.

Infringement Section 49

Making, using, offering for sale, selling, or importing a patented product, or using a patented process, without the patentee's consent, in Israel constitutes infringement.

Prior user defense Section 54

A person who was using the invention in good faith before the priority date may continue that use; the right is limited to the same use and does not extend to others.

Bolar exemption Section 54A

Use of a patented invention for regulatory approval of a generic pharmaceutical before patent expiry is permitted and does not constitute infringement.

PTE calculation

The extension equals the period from the patent filing date to the first marketing approval, minus 5 years, capped at 5 years, and cannot exceed 14 years from approval.

PTE filing deadline

The application for patent term extension must be filed with the Registrar within 90 days of the first marketing approval in Israel or in a recognized country.

Pediatric extension

A further 6-month extension may be added to the patent term where the applicant has conducted pediatric studies in accordance with an agreed plan.

Trademark term

Trademark registration is for 10 years and is renewable indefinitely; Israel follows the Nice Classification for goods and services.

Design term 2017 Law

Design protection under the Designs Law 5777-2017 is for 5 years, renewable up to 25 years, and includes a 12-month grace period for disclosure.

Copyright term

Copyright generally lasts for the life of the author plus 70 years; registration is not required and protection arises automatically upon creation.

Trade secret protection

Trade secrets are protected under the Commercial Torts Law 5759-1999; misappropriation requires a secret, commercial value, reasonable secrecy steps, and unauthorized use.

Attorney-client privilege

Communications with a patent attorney for the purpose of obtaining legal advice are privileged in the same way as communications with a lawyer, under the Evidence Ordinance.

Conflict of interest rule

A patent attorney must disclose conflicts and withdraw where necessary; representing two clients with adverse interests in the same matter is prohibited.

Appeal from Registrar

A final decision of the Registrar is appealable to the District Court within 30 days; further appeal lies to the Supreme Court with leave.

Interim injunction test

The court applies the American Cyanamid test: a serious question to be tried, the balance of convenience, and an undertaking in damages.

Maintenance fees

Maintenance fees are payable annually from the filing date; failure to pay can lead to lapse, with restoration available under Section 58 within 12 months.

Divisional application

A divisional must be filed while the parent is pending, cannot introduce new matter, and its claims must be supported by the parent's disclosure.

Doctrine of equivalents

A variant infringes if it performs substantially the same function in substantially the same way to achieve substantially the same result as the claimed invention.

Compulsory license Sections 117-126

Compulsory licenses may be granted for non-working, dependent patents, or public health needs, subject to procedural safeguards and adequate remuneration.

Assignment Section 33

An assignment must be in writing and recorded with the Registrar to be effective against third parties; a license may be exclusive or non-exclusive and should be recorded.

PCT Article 11 filing date

The international filing date is the date the international application is received by the receiving Office, provided it meets the requirements of Article 11.