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Not Just Another May Day

Jeremy Ben-David

 

Both Mark Twain and Will Rogers are credited with having said “if you don’t like the weather in New England, just wait a few minutes”. A lesser known quote attributed to Mark Twain is “In the Spring, I have counted 136 different kinds of weather inside of 24 hours.” Either of those quotes would be quite applicable to the roller coaster that has been this month of May. I’ll explain.

 

Things started quite predictably, with preparations for the annual INTA meeting in San Diego – which, I would add, had delightful weather for the 4 days that I was there. I was preparing for the quality time with several thousand of my best friends, although wondering whether any of the turmoil that seems to be affecting civil society around the world might find its way into the charming, professional, even happy bubble that characterizes the conference. 

 

It did not. Find its way in that is.

 

Many conversations with both old and new friends did indeed touch on the strife affecting not just the Middle East, but also the streets of Europe and North America, as well as upon some of the wider conflicts, whether military or economic. But said conversations were always pleasant, and reflected a shared concern for the wellbeing of humanity at large. I am a proud Israeli living in Israel and, as such, I experience this amazing country at ground level, so to speak, rather than through the media, be this so-called ‘mainstream’ or so-called ‘social’. I was able to provide, when asked, a description of everyday life as being almost ‘as usual’, and to describe how we handle the day to day; together our concern for, inter alia, the hostages and their families.

 

My six day round trip from Tel Aviv to San Diego was book-ended between Houthi missile attacks, the first holding up my departure for a short time and the second greeting my return home. A measure of the crazy reality in which we, in Israel, find ourselves, is that such missile attacks are rendered virtually toothless due to our ability to deal with the missiles mid-flight, ignoring the very real threat potentially posed by a  single one of them. But that’s just life.

 

And as of the time of writing these words, today is 58 years to the day that, after 2,000 years (approx.)  of being locked out of the heart of ancient Jerusalem, we recovered control of our holiest place, some 3,029 years after King David proclaimed this ancient city to be the capital of Israel. So today, despite all of the challenges which surround us, we have many reasons to be grateful, while all the time praying that the hostages will be released, and that real peace will prevail.

 

The above-mentioned 3,029 years ago (1004 BCE) was also the approximate time that the Iron Age commenced, representing significant innovation in many areas of human endeavor. This was some 2,794 years before Washington D.C. was officially declared capital of the United States (in 1790), when the first patent statute was passed by Congress, and the first US patent was granted to Mr. Samuel Hopkins, signed by George Washington.

 

Fast forward to the present day, and much has changed in the US patent system, said changes forming the subject matter of an article by Miriam Samis, in which she delves into the nooks and crannies of the PPH for those who are in a hurry; and an article by  Eviatar Aron, identifying some of the peculiarities of the US patent system and how to prepare to handle them.

 

Finally, and almost by way of accelerating off into the future, our partner Avraham Hermon hosted Fabian Trumper in our Modiin office, as this month’s guest on our podcast ISRAEL TECHNOLOGY ENTREPRENEURS SPEAK. Mr. Trumper is a seasoned entrepreneur, Co-Founder and CEO of Arrakis Bio, an Israeli Startup company.  Arrakis Bio makes human collagen, the most important human regenerative protein, from engineered cells; to give greater access to high quality collagen for use in the medical and esthetic industries. 

 

PS As a postscript, some may wish to connect the words ‘May’ and ‘Day’ of the title into the well-known ‘mayday’ distress call, whereas others are content to simply enjoy another day, in ‘The Merry Month of May’ (as in the Elizabethan poem of that name). Either way, I hope you enjoy this month’s offerings; feel free to comment by email or in person, when we next meet.

 
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US Patent Application Challenges for Non-US Applicants

by Eviatar Aron, Israel & US Patent Attorney

Applicants from non-US jurisdictions face a unique set of challenges when navigating the US patent system. The United States Patent and Trademark Office (USPTO) presents hurdles that often differ significantly from those of other national or regional systems, requiring increased diligence and adaptation to secure robust patent protection in the US. This article details some of these challenges, including the following:

 

  1. Patent Eligibility
  2. Written Description
  3. Claims Interpretation
  4. Novelty and Non-Obviousness
  5. In Conclusion

 

Successfully navigating the US patent prosecution landscape now requires more than mere technical merit; it demands proactive adaptation to a system that is becoming increasingly difficult to navigate without the benefit of adequate prior experience. 

 

While this article lays out a broad overview of some of the main challenges that non-US applicants face when trying to successfully navigate the US patent prosecution landscape, it is highly recommended to get assistance from an experienced patent attorney to ensure that all of these challenges are successfully overcome. We therefore encourage applicants to consult with our US patent attorneys and agents when going through this process to ensure a higher likelihood of obtaining patent registration in the US.

READ MORE
 
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Patent Prosecution Highway (PPH) - Fast Track Examination of Applications before the USPTO

by Miriam Samis, Israel Patent Attorney and US Patent Agent

 

Once having filed a patent application, it is sought, in many cases, to move as quickly as possible through examination and onto allowance, thereby bringing certainty to exactly what is covered by your granted patent and to the value represented by the granted claims. 

 

While applicants often file patents in multiple jurisdictions, almost invariably, one of the most valuable patent rights is the US patent. In some cases, an application may already have been allowed in a non-US patent office, while the parallel US application may still be awaiting substantive examination. In the early part of this century, it was realized that the findings of an examiner in a parallel jurisdiction could, in some cases, be used to expedite the examination of a US application, thus leading to the initiative known as the Patent Prosecution Highway (PPH), which was introduced in 2006. This initiative helps to facilitate faster examination of US applications having corresponding patent applications filed in participating offices, potentially shortening the time to grant.

 

In the full article, we explain the following topics related to PPH:

 

  1. How does it work?
  2. What are the criteria for eligibility?
  3. What are the benefits?
  4. Are there disadvantages?
  5. Use in tandem with PPH Israel

Interested? Click here for the full article.

READ MORE
 
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Fabain Trumper is the Co-founder and CEO of Arrakis Bio an Israeli Startup company which is making human collagen, the most important human regenerative protein, from engineered cells, to give greater access to high quality collagen for use in the medical and esthetic industries.

 

Avraham sat down with Fabian in the offices of JMB Davis Ben-David to discuss how he came up with the idea, how he built his team, got funded, the challenges he has faced, tips for startup founders and much more.

LISTEN TO THE CONVERSATION HERE
 

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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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JMB Davis Ben-David

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