Avraham Hermon, Partner, JMB Davis Ben-David

Anyone experienced with patent prosecution understands that obtaining a patent can take a long time. In some countries, years may pass even before the start of examination, and more years may pass before a patent is granted.

For clients interested in speeding up the process, the Israel Patent Authority allows an inexpensive and convenient pathway to expedite prosecution of patent applications in any technological field. Recently, I assisted a client in the cannabis field in using this pathway for expediting grant of a patent within one year and a few days after filing. This is even more impressive considering the ‘handicap’ of a three-month pre-grant Opposition process in Israel.

What’s the magic?

There’s no magic. In fact, the process is rather simple. To be eligible for this program, the applicant must file a request for expedited examination and state that A: the subject patent application is the first application filed for the subject invention; and B: the applicant intends to use the application as a priority document for a patent application to be filed in another jurisdiction or through the Patent Cooperation Treaty (PCT) within one year of the date of application in Israel. 

In response to the request and subsequent – virtually automatic – approval by the Patent Authority, it will issue a notice requiring submission of relevant prior art as per with Section 18 of the Israel Patent Law 5727/1967.) Within 3 months of the applicant’s response to the notice, a first search report and written opinion will be issued. 

The cost of expedition is rather inexpensive, with the current official fee being about ILS 1000 ILS (roughly US$ 300). 

International Relevance

Use of the above strategy may be useful not only for applicants interested in Israeli Patents, but also for applicants pursuing patent protection in additional jurisdictions. Having a granted patent in any examining jurisdiction gives an applicant an idea as to the claims that may be granted in other jurisdictions, thereby helping to streamline an approach to filing and prosecution in additional jurisdictions . 

Basis for PPH

In addition, a granted Israeli Patent can also serve as a basis for requesting expedited examination in additional jurisdictions under the Patent Prosecution Highway (PPH) program.

For more details, please email me at Avraham.Hermon@jmbdavis.com

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