To put it simple, the Israel Patent Law is the law that applies whenever an inventor tries to get a patent for one invention. It must be mentioned that the patent is granted under certain circumstances, and not every invention can receive one. Here are some of the most important aspects of the Israel Patent Law that you should take into account:
General Aspects Of The Israel Patent Law
- Ã‚Â A patent can be granted only for one invention, and the notion of “invention” refers to either a process or a product that is new and useful and can be used in agriculture or industry. In order to be considered a patentable invention, this new product must involve at least one inventive step – it is essential for the product in question to be new, and it can be deemed new only if it was never published before, neither within the borders of Israel nor in any other country;
- If there is more than one applicant for the same invention, then the patent will be given to the first one that has validly applied for it;
- In order to be eligible for the patent, the application should include the name and the physical address of the applicant (in Israel) and all the documents required for the patent along with a prescribed fee. If the person that applies is not the inventor of the product, then he must mention in the application how did he become the owner of the invention in question;
- Before granting the pattern, the Examiner or the Registrar will pay attention to several aspects, such as the patentability of the invention, the completeness of the application that comes with the invention or whether the inventor has paid the publication expenses. If all these conditions are met, then the examiner will accept the application;
- The Superintendent of Examiners or the Registrar may refuse the application if it is not complete or if it does not meet all the criteria. At the same time, if the examiner considers that there is another reason why the patent application should not be approved, he is free to reject it anytime;
- If a misleading information was delivered in the application yet the application was approved or it is pending approval, then the Registrar or the court can choose to cancel the pattern, to shorten the term of the pattern or to give a license to exploit it to any person who requires it.
Latest Modifications In The Israel Patent Law
Recently, there have been made several modifications in this Law and every applicant must be fully aware of these changes prior to submitting their application. For instance, the applicant must not submit an electronic means of storage (be it a CD or a DVD) in addition to the copy paper that was initially required. After 18 months following the priority date, the patent applications and all the additional files will be made readily available for the public to inspect them, on the official website of the Israel Patent Office, provided that the applications are not cancelled or rejected before that.
If an applicant receives the patent, he can then sue a third party for copyright infringement if he has used the invention throughout the initial 18-month publication period. The infringer will then be obliged to pay a sum of reasonable royalties.
This is a sponsored post submitted to Dorm Room Biz by Alex.