A Brief Overview on the Israeli Patent Practice

The due diligence process must take into consideration the competitive patent landscape.

Are the patents paid up in the Patent Office?

Does the seller really own the patents?

Do at least some of the patent claims cover the seller's products?

My client found CleanCo to be a good target for acquisition because CleanCo's product met a strong consumer need and, at that time, commanded a premium price in the market.

Due diligence revealed that CleanCo had few assets: the small manufacturing plant, limited but growing sales and distribution and several patents covering the sole CleanCo product. CleanCo owned the patents and had kept the fees paid. CleanCo's patent attorney had done a good job on the patents: the CleanCo product was covered well by the patents and there were no obvious legal errors made in obtaining the patents. So, I gave the transaction the thumbs up from the patent perspective.

The former application for patent was filed no more than 12 months from the latter;

An application for priority has been filed within two months from the filing date (of the Israeli application for patent);

A certified copy of the former application (specification and drawings) was provided to the Israeli Patent Authority within 12 months from the filing date;

In the case wherein the prior application is not drafted in an Israeli formal language, the Israeli Patent Authority may ask the applicant to provide a translation of the specification into an Israeli formal language (English being among such).The Israeli Patent Examination: The Israeli Patent Authority performs an examination to determine whether the application complies with the Israeli law and regulations. 3 Easy Steps To Patent ; Make Money Request a Free Inventor Kit Today!
Prosecution: The Israeli Patent Authority starts the examination process about four or five years after the filing date in Israel, depending on the field of the invention. Maintenance fees: An Israeli patent may be in effect 20 years from its filing date.

Before the end of the 18th year from the filing date: $1050.Alternatively, a patentee may pay $2250 in advance, for the entire 20 year period of the patent’s lifespan.A delay in paying maintenance fees may result in abandoning the patent.Patent attorneys: According to Israeli Patent Law, patent attorneys (as well as licensed practicing advocates) possess exclusive rights for wage brokering regarding patent prosecution, design and trademark registration, preparation of all documents for intellectual property authorities in Israel and abroad, and representation of applicants before the intellectual property authorities.Conventions: Israel is a member of most major international treaties on intellectual property rights, including:

Trade Related Aspects of Intellectual Property (TRIPS)

Paris Convention for the Protection of Industrial Property, Stockholm revision (1967).

Rome Convention (1961): International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

Patent Cooperation Treaty, (PCT) (Washington 1970)

Strasbourg agreement Concerning the International Patent Classification (1971).

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977).

Universal Copyright Convention (1952).

Convention Establishing the World Intellectual Property Organization (1967).