Patents in Israel – Guide and FAQs
Patentability requirements in Israel
The Israeli Patents Law sets the following requirements:
Usefulness – if the patent application does not demonstrate that the invention will achieve its purpose, the patent will not be granted.
A product or a process – a patent may be registered for either the end product or a specific process for producing a product.
In any field of technology – seemingly a simple condition. However, this condition was the basis to refuse patents for business methods or computer software by themselves (unless such are incorporated in a broader invention).
Novelty – meaning that no identical product or process, or such that includes the essence of the invention, existed prior to the filing of the patent application.
Inventive step – the invention is not obvious. Obviousness is determined with respect to the average professional in the relevant field.
Who may file for a patent in Israel?
The inventor or any other person or entity that has acquired ownership of rights in the invention (for example by virtue of employment or by contract).
Is there a grace period in Israel for patents?
No, with the exception of 6-months grace period with respect to exhibitions or lectures (subject to prior notification to the Patent Registrar on the lecture).
Languages of patent applications
Patent applications may be filed in Hebrew, Arabic or English.
In practice, most patent applications in Israel are filed in English.
?What is the duration of patent protection in Israel
20 years, subject to periodic renewals.
The terms of patents relevant to pharmaceuticals and medical equipment may be extended by an additional 5 years period, subject to various conditions.
?What constitutes patent infringement in Israel
Clearly, any exploitation that falls within the literal scope of the claims of the patent. However, the law further states that exploitation of the subject matter of the patent "only" also constitutes infringement. Accordingly, the Doctrine of Equivalents was applied in Israeli case law.
Is Israel party to the PCT (Patent Cooperation Treaty)?
Yes.
Patentability Requirements
Israeli Patents Law sets the following requirements:
Usefulness – if the patent application does not demonstrate that the invention will achieve its purpose, the patent will not be granted.
Product or a process – a patent may be registered for either the end product or a specific process for producing a product.
In any technological field – seemingly a simple condition. However, this condition was the basis to refuse patents for business methods or computer software by themselves (unless such are incorporated in a broader invention).
Novel – meaning that no identical product or process existed prior to the filing of the patent application.
Inventive Step – the invention is not obvious. Obviousness is determined with respect to the average professional in the relevant field.
Patent Proprietors
Eligible to file for a patent are the inventor or any other person or entity, which acquired ownership of rights in the invention (for example by virtue of employment or by contract).
Patent Grace Period in Israel
Israeli law does not offer a grace period, with the exception of 6 months grace period with respect to exhibitions or lectures (subject to prior notification to the Patent Registrar on the lecture).
Patent Applications Languages
Patent applications may be filed in either Hebrew, Arabic or English.
In practice, most patent applications in Israel are filed in English.
Duration of Patent Examination
20 years, subject to periodical renewals.
The terms of patents relevant to pharmaceuticals and medical equipment may be extended by additional 5 years, subject to various conditions.
Patent Infringement in Israel
Clearly, infringement is found with respect to any exploitation which falls within the literal scope of the claims of the patent.
However, the law further states that exploitation of the subject matter of the patent "only" also constitutes infringement. Accordingly, the Doctrine of Equivalents was applied in Israeli case law.
Patent Cooperation Treaty
Israel is party to the PCT (Patent Cooperation Treaty).
Information on this website is generalised and does not constitute exhaustive legal advice. Readers must seek legal counselling suitable for their personal matter.