The Four Questions – How is Israel Different from other Jurisdictions!

by Jeremy M. Ben-David, Managing Partner, JMB Davis Ben-David

In a few days from now, at the beginning of the Pesach or Passover holiday, Jewish people the world over will sit down for the annual festive meal, the “Seder”, and recall the events of 3,333 years ago, when the Children of Israel left slavery in the Egypt of the Pharoahs. They became “The People of Israel”, and gave a book of laws to humankind, forming the basis for many values that society holds dear to this very day. (A book that analyses this latter point in depth is World Perfect.)

A key element of the “Seder”, as with any educational and experiential process, is asking questions, specifically those that have become known as “The Four Questions”, comparing some of the customs and practices of the meal that is included in the Seder with ‘normal’ meals.

In the spirit of the Four Questions, I would like to highlight a few patent related matters that are unique (or almost unique) to practice in Israel; an understanding of which can lead to a greater understanding of how the system works and what to expect if you or your client decides to file in Israel.

The next podcast episode will be released soon.

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. Dodiva Grant, Mr. Eviatar Aron and Ms. Daphne Lazar

In this chapter we will deal with a number of important issues regarding Appeals & Oppositions.

These include information relating to appealing a refusal of the Office to register and trademark, and how third party Oppositions work.

For example, what is the procedure to appeal? Can an appeal result itself be appealed? 

With regard to Oppositions, who is entitled to oppose, when is it done, who hears an Opposition, and can the result be appealed?

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

The Potential Benefits of Using Provisionals

by Jeremy M. Ben-David, Managing Partner, JMB Davis Ben-David

Your FTO analysis shows there is a high probability that you are infringing a third party patent: What do you do?

Much (digital) ink has been spilled, including by the present writer, in explaining why Provisionals are so bad, and how they are misused by inventors and small companies who don’t know any better. 

I would like to correct this situation. 

Provisionals are not inherently bad, any more than whisky, cars or money are inherently evil. It is what we choose to do with all these things that can lead to bad results, if misused or abused. The discussion should focus on people and their choices, not the tools, per se. A tool that is intended for a specific purpose should be used as intended. If used improperly, then harm can be caused. Tools intended for use by informed experts are, by definition, best used by such experts; or, at least, by people who know what they’re doing. 

This is also true of Provisionals. When used correctly, they have several benefits, among which are Speed, Language, Low cost, Filing flexibility for works in progress, Non-publication, and Non-examination. 

A Provisional is a good tool with significant potential benefits, but only when it is used properly. That means that if your disclosure is incomplete, you will not secure a valid filing date.