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Revolution, Evolution or Simply Innovation?
As intellectual property attorneys, we are never far away from the above issue. Whether we are handling patent applications obtaining rights for our clients in a variety of fields of technological innovation, or asserting those rights; or whether we are looking to trademark and other âsoftâ IP rights to spearhead conquest of our clientsâ chosen markets. Isnât the question merely one of speed, or rate of change? If the 20th century was arguably the century of the motor vehicles, and the ability of the individual to traverse great distances in a hitherto impossibly short time, then what will be the technological standout feature of the 21st century? A few years ago, some may have said the smartphone; now many would say AI. And are the changes that we are currently seeing in technology going to be dwarfed into insignificance by what our grandchildren and great-grandchildren see towards the end of this century?
Truthfully, most of us donât claim to have any great insights on this matter, and I would argue that it really doesnât matter at the present instant, and it matters less whether such changes are revolution or evolution. What does matter is the effect of such changes. Hopefully, they will be beneficial to humankind, making our lives more meaningful.
In the meantime, however, we have to deal with the present, and how the current systems in place are changing so as to help us do our jobs, as IP attorneys of various types, on behalf of our clients. For example, the Israel Patent Office is an organization that is constantly remaking itself: it is now unrecognizable when compared to how it was in 1987, when I first started practicing as a Patent Attorney. In the latest step of their ongoing evolution, they have introduced yet further changes to the process of examination. In one such change, they have come up with a new way of improving the efficiency of obtaining a patent by improving applicant-initiated suspension of examination. Read below to understand how the new procedure works and write to me if you have any questions.
For those who want something a lot more exciting and glitzy, Ivan Lipshitz makes another foray into the world of AI through a close look at some relevant UDRP cases. He gives pointers for staying out of trouble and, if thatâs not possible, for getting out of it.
Finally, in the latest episode of our ISRAELI TECHNOLOGY FOUNDERS SPEAK podcast, Avraham Hermon interviews Tami Ellison, CEO of Conflu3nce Ltd. The result is a fascinating conversation around Stitch n' Peel. Curious as to what that is? Click here.
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Artificial intelligence (AI) has been hailed as âthe most transformative technology of this generation.â It is estimated that to date over half of Americans have used generative AI and most believe it will help them be more creative. Its broad influence has reached across the global digital landscape spanning many industries and businesses from robotics to chip technology, and extending across many fields and disciplines, including intellectual property law. AI has the potential to disrupt the IP landscape in general and is expected to result in complex challenges for brand owner protection in IP law, including in the fields of patents, trademarks and domain names; AI-related domain names in the context of the UDRP is therefore no exception.
The surge in popularity of the â.ai â domain name extension for many domain name registrants is expected to bring with it significant risks and challenges for brand owners and trademark right holders in their filing of UDRP complaints for abusive domain name registrations incorporating their trademarks for .ai and other artificial intelligence -related domain names.
This article analyzes some recent UDRP decisions on the subject and draws conclusions for the challenges and threats to brand owners and trademark rights holders of .ai -and other artificial intelligence -related domain name UDRP dispute resolution proceedings.
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In June of this year, the Israel Patent Office published an update to various procedures affecting patent examination. These included the following:
- Suspension of examination â when, how, and for how long.
- Clarification of circumstances under which return of an application to examination may be requested after issuance of a Notice Prior to Allowability.
- An optional extra tool for assisting Examiners during examination.
In my opinion, the importance of the updates is as listed above. The present article thus addresses the revolution in the procedure for requesting suspension; the other issues, being somewhat more âoff the beaten pathâ will be addressed in future communications.
Remind me again: why delay the onset of examination?
Israeli Patent Applicants often seek to delay examination until such time as sibling applications in other jurisdictions have been either allowed and/or granted, thereby enabling the applicant to request accelerated examination under the Patent Prosecution Highway (PPH) and/or Section 17(c) (Modified) Examination for the corresponding Israeli application. This saves money and often time, as either of these types of examinations tend to go a lot more smoothly, primarily due to the fact that most of the âheavy liftingâ has already been done by the Examiner(s) in the other jurisdiction(s).
Preamble
When a patent application is filed, the IPO posts a due date for initiation of substantive examination on the official website. It is posted along the bibliographic data of the application, as illustrated in the full version of this article.
This article discusses the following questions:
- When can Suspension be requested?
- It is different for divisional applications. How?
- What length of Suspension can or should be requested?
- Can more than one term be requested?
- Are suspension fees refundable?
For answers to these questions, click here.
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Tami Ellison is the CEO and Founder of Conflu3nce, an Israeli startup that aims to revolutionize early detection and predictive healthcare with image-based technologies that address health disparities and improve outcomes. Their Stitch n' Peel (SnP) method enhances image analysis by juxtaposing non-contiguous sections, benefiting human cognition and computer vision.
Avraham sat down with Tami in the offices of JMB Davis Ben-David to discuss how she came up with the idea for Conflu3nce, how she got funded, the role patents play in her business, tips for startup founders and much more.
This is a link to the Waters of Life image that Tami and Avraham speak about in the episode: https://conflu3nce.com/wol.htm
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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 clientsâ IP rights. Weâre here for you.
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Managing Partner
JMB Davis Ben-David
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