🖈11 Kiryat Hamada Street, Jerusalem, Israel
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As a kid in the ‘60s and ‘70s I noticed that when looking up close at a picture printed in a newspaper, you would lose the perspective of the picture, and all you would see were a gazillion tiny dots. I was constantly amazed that what appeared as a face or a building would simply dissolve into a panoply of different colored or black-and-white dots. Admittedly mixing my metaphors, looking at all of the tiny details I was unable to see the woods for the trees.
But you have to admit that in our world of IP, the words that we write, particularly in patents, are definitely king. The use of the correct word or phrasing or its absence, can translate into gaining an asset worth millions – or not. But sometimes, more often than not, we want to know the broad strokes. The bottom line. Can I and can’t I? Is it possible, or not? Just tell me…
So in my two brief articles this month I’m doing just that- I think. In my article entitled “IDS plus What?” I’m going to very briefly discuss what you need – in addition an IDS - to satisfy parallel Duty of Disclosure requirements in Israel. This will be followed up by an even shorter account entitled “Renewal of a Variant”. I realize that it sounds like a bad Sci-Fi movie. Trust me, it isn’t.
Finally, in his latest podcast “Israel Technology Founders Speak”, Avraham Hermon chats with Herman Weiss, MD. Dr. Weiss is the founder of Provation Life, a company providing a holistic solution to women suffering from Polycystic Ovarian Syndrome. This is certainly a condition for which the details matter immensely, and fortunately, Provation Life is there to help.
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The ongoing duty of disclosure for patent applications in the United States not only places a heavy burden on the applicant, but it is almost unique in the world of patent prosecution. Unless, of course, your US applications have sibling applications in Israel. Israel, too, has a similar requirement regarding the disclosure of prior art. The two systems are so similar, in fact, that almost everything that is required for disclosure to the USPTO can be taken ‘as is’ and filed in the ILPTO.
There are some differences, however, and it is both the similarities and the differences that were the subject of JMB’s online seminar on February 7, 2024. Joined by dozens of practitioners from the UK through China and all the way to New Zealand, as well as by local Israeli businesspeople, Jeremy Ben-David and Dr. Mike Hammer discussed and clarified how to properly and efficiently manage these duties of disclosure, so as to save both time and money.
Needless to say, whereas most are familiar with US practice, the requirements in Israel are far less well known. Our seminar dealing with a comparison of these two practices and how to effectively manage them, may be viewed here: https://www.youtube.com/watch?v=UXB4kX9WwwQ.
By way of convenience, we have prepared a comparison table showing requirements in both the US and in Israel, for your convenience. It may be downloaded here.
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Long, long ago, in the pre-2018 world, before COVID was even a twinkle in the eye, registered designs in Israel were regulated courtesy of the Patents and Designs Ordinance (1924) (hereinafter: “the Ordinance). Even though 94-year-olds generally are considered to have accumulated much life wisdom, it was generally perceived that a much newer, fresher law, adapted to keeping up with may of the developments of the early 21st century, was required, and so was born the new Designs Act (5777-2017) (hereinafter: “the Act”).
Unlike a Patent of Addition, the Design variant becomes a totally separate entity, such that even though the parent had lapsed, it was still possible to maintain the variant. Maybe more importantly, that is very clearly the position under the Act, too.
If you feel like you’re missing some information here, click here for the full story.
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Dr. Herman Weiss is the CEO and co-founder of Provation Life, an Israeli nutraceutical startup that helps women suffering from hormonal imbalance to support their fertility, weight loss and general medical health.
Avraham sat down with Herman in his home in Beit Shemesh to discuss the problem that Provation Life solves, getting funded, building a team, tips for startup founders and much more.
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The JMB Davis Ben-David patent services team helps companies and individuals secure and leverage their patent rights for products in the US, Israel, and globally.
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The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
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For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights. We’re here for you.
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Managing Partner
JMB Davis Ben-David
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