When Function is in the Form: A Proposal for Functional Designs
by Dr. Mike Hammer, US Patent Attorney, Partner, JMB davis Ben-David

In the United States, as in most jurisdictions around the world, the aim of design intellectual property rights is to protect the non-functional qualities of an object.  It is logical, and even the intent of the law, to conclude that if you are seeking to obtain property rights in an object’s function, a design patent (or registration) is not the framework in which to do so. While there are some “things,” such as features of graphical user interfaces, for which this is certainly true; I question whether this principle is as hard and fast as it may at first seem. As we know from nature, function and structure are often inextricably linked.

The latest episode is with Jeremy Ben-David, the Managing Partner and founder of JMB Davis Ben-David. Barak Hullman sat down with Jeremy in the offices of JMB Davis Ben-David in Jerusalem. They spoke about when does an inventor need a patent? When do you know you need a patent attorney? What makes a great invention? What are some of the major mistakes inventors make when it comes to patents? What do you do if someone comes up with a similar idea? And how safe is your invention with a patent?

From the Legal to the Practical:
The Israel Trademark System

A Question & Answer series dealing with legal questions about the Israel Trademark System, rights and obligations, and practicalities.

Series Editor: Aaron Lewin, Israel Attorney at Law, Head of Trademarks at JMB Davis Ben-David

Contributors: Ms. Miriam Samis, Ms. Godiva Grant, Mr. Eviatar Aron and Ms. Daphne Lazar

In this chapter we will deal with the following questions:

 

1. Legal framework

 

1.1 What is the statutory or other source of trademark rights?

 

 

1.2 How do trademark rights arise (i.e., through use or registration)?

 

2. What constitutes a trademark?

 

2.1 What types of designations or other identifiers may serve as trademarks under the law?

 

2.2 What are the requirements for a designation or other identifier to function as a trademark?

 

2.3 What types of designations or other identifiers are ineligible to function as trademarks?

Do you have any questions? Feel free to email any of the above-listed contributors.

Successful COVID-19 Acceleration of a US Patent Application

by Avraham Hermon, US Patent Agent, Israel Patent Attorney, Partner JMB David Ben-David

In May 2020, the United States Patent and Trademark Office (USPTO) initiated a program to allow for “prioritized examination” for patent applications having at least one claim to a product or process related to COVID-19.

 

Two months after filing under this program, we received a first office action.

 

In its normal course, this application would have taken about 1.5 years to begin examination, but that time was cut to two months due to the COVID-19-related program.