The IP Trailhead from JMB Davis Ben-David July 2022

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Duty Of Disclosure in Israel

by Dodiva Grant-Cohen, Israel & US Attorney, Patent Attorney

You have now filed your patent application in Israel. “What comes next?” you may ask.

As detailed in this article, Israel Patent Law requires the submission to the Patent Office of all known relevant publications and all references cited in parallel applications. This requirement, referred to herein as the “Duty of Disclosure” is different from that in the United States, as will be apparent from the article in which we answer the following questions:

What is the Duty of Disclosure under Israeli Law?

When does it start?

How early can disclosure materials be Submitted?

Once a response to a Notice Prior to Examination has been filed, when should additional disclosure materials be submitted?

Are there any circumstances in which one can wait to submit duty of disclosure material?

Is it possible to submit Disclosure Materials Discovered After Issuance of a Notice Prior to Allowance? Should they be Submitted?

Is there an Option to Reopen Examination?

For answers to the above questions, click below.

READ MORE BY CLICKING HERE

Moral Money

by Jeremy M. Ben-David, Managing Partner

Ms. Lauren Indvik, Fashion Editor

Mr. Chan Ho-him, Hong Kong Reporter

The Financial Times Limited

Bracken House

1 Friday Street

London

UNITED KINGDOM EC4M9BT

Dear Ms. Indvik and Mr. Ho-him,

Thank you for your article of July 19, 2022 in which you reported the wonderful trademark victory for the luxury ladies shoe manufacturer Manolo Blahnik. By now, I am sure that all will have read your report, or other similar reports by your colleagues at the BBC, the Guardian and so on.

As I am sure you intended to say, China has one of the youngest IP systems in the World, and since the milestone Gatt-TRIPS Agreement concluded in 1994, it has worked tirelessly to become an upstanding member of the international intellectual property community. And like the UK, has a first-to-file trademark system.

The Financial Times is familiar with trademarks and their importance and possesses a US trademark registration for the mark “MORAL MONEY”. But how would they use a mark containing such a powerful and demanding term as MORAL? Being in possession of such a mark implies that FT reports meet the bar implied by that very trademark(!)

Or maybe I am expecting too much.

Here’s some free advice. In order to maintain trademark rights, a trademark owner must at least be able to show use of the mark. As your article seems to run counter to the requirement to be able to demonstrate use of the MORAL element in the FT’s trademark, you might wish to suggest that they drop it.

Oh. And if you’re thinking of registering other trademarks, don’t try for “Honest Reporting”. I think it’s already taken.

READ MORE BY CLICKING HERE

Keren Leshem is the CEO of Ocon Healthcare, an Israeli bio-tech startup that innovates, manufactures and commercializes cutting-edge women’s health products such as their Intra Uterine Ball which can carry multiple drugs to the uterus to treat a variety of conditions.

Keren brings over 20 years of experience in the medical device & pharmaceutical industries specializing in the management of innovative start-ups, strategy, commercialization and financing. She was recently dubbed as one of the three women shaping the future of women’s health by Forbes Magazine.

Avraham sat down with Keren in the offices of Ocon where they discussed the challenges of growing a startup, what’s unique about building a startup in Israel, what it’s like to be a female CEO, the role of patents in their business, tips for startup founders and much more.

LISTEN TO THE CONVERSATION HERE

A Secret French Steak Recipe and Crystalline Forms of an Antidepressant

An Israeli Court Overturns the Patent Registrar’s Decision on Lack of Inventive Step

by Avraham Hermon, Senior Partner

Very few decisions are issued by courts in Israel regarding patents. One recent decision was an important one, in that it overturned the Israel Patent Registrar’s decision of refusal of a patent application, relating to crystalline forms of a drug on the market.

In April 2022, the District Court of Tel Aviv, acting as a Court of Appeals, issued a decision overturning the refusal of patent application 207772 by Mr. Ofir Alon, the Israel Patent Registrar. The background for this decision is as follows: In 2010, Intra-Cellular Therapies Inc. had filed patent application 207772 as a national phase of the PCT patent application PCT/US2009/001608, relating to crystalline forms of the lumateperone tosylate, an atypical antipsychotic drug used for treating bipolar depression and schizophrenia. In April 2020, after a prolonged examination and a proceeding before the Registrar, the patent application was refused. The Registrar’s decision was then appealed by the applicant at the District Court of Tel Aviv.

During the prosecution of the application and the proceeding in front of the Israel Patent Registrar…