12 Seconds and Counting
Considerations for Obtaining an Israeli Patent
Jeremy Ben-David, Founder, Managing Partner
Over the years, we have written various articles about the Israeli patent system, providing tips and pointers. In this article, I hope to provide you with some useful information that may help when you or your clients are considering Israel as a patenting destination.
Keeping Up Appearances was a classic British comedy series that originally aired in the early 1990’s. Whether you enjoyed it (as I did) or have never heard of it, the main storyline is in the title. Much of what we do is about perception, how we perceive others and how we are perceived. However, while this may be good for a comedy series, it carries a far more serious message which relates not just to doing the right thing but actually having results to show for your efforts. Sometimes the results are expressed by the status quo, in keeping up what you’ve been doing all along. Other times, the results are expressed in a single, significant event. And in some situations, it’s both.
Ten Years in 12 Seconds
One such situation was, at least for Israel, a 12 second period, an “instant”, during the 58th Session of the PCT Assembly, last month, July 2026, as per the LinkedIn post of the Executive Director of the Israel Patent Office, Adv. Mordechai Sorek. This was the moment during which the delegates, namely, the individuals who represented the 158 members of the PCT voted, among other things, for the reappointment of Israel as an International Search Authority for a further ten years. Not to put too fine a point on it, but for geopolitical reasons which are beyond the scope of this article, this outcome would have been virtually impossible in any other comparable, international forum of this size.
Commitment to Quality
Which brings us back to Israel’s success in the above-mentioned forum. The effort was spearheaded by Sorek, and was the pinnacle of his efforts over many months, leading up to those fateful 12 seconds.
The efforts obviously included Sorek reaching out to his peers so as to smooth the path to the ultimate vote, but this achievement was not only a matter of diplomacy and human relations, but of continued and sustained effort by the entire staff of the Israel Patent Office (the ILPO). As per the ILPO’s official LinkedIn post “we are committed to providing reliable, timely, and comprehensive international search and patent examination services with the highest standards of professionalism and integrity. This 10-year extension allows us to maintain our commitment to the innovation ecosystem, ensuring that inventors, researchers, and businesses have the tools they need to make informed intellectual property decisions.”
Proof of the Pudding
These are claims that are easy to make, but require satisfied customers in order to substantiate them. I have personally worked opposite the ILPO for over a generation (39 years to be precise), during which time it has managed to position itself as one of the leading patent offices in the World.
I have written, on occasion, about the implementation by the ILPO of regulations and practice directives which provide the applicant with significant control as to whether to both advance and shorten examination, or whether to delay it, as may be required so as to receive a quick examination based on a corresponding patent grant under Section 17(c) (“modified”) examination.
I have mentioned the “pendency” or time-to-examination that appears on the ILPO webpage for each application after publication, thus providing the applicant with the information necessary to decide whether to advance or delay examination, or whether to leave ‘as is’.
By way of a recent innovation, the above “pendency” information is now also included on the official Notice Prior to Examination, so that we, as agents, can report this to our colleagues and clients.
It is not well known that applications in Israel may be filed in English, and do not require translation to Hebrew, thus simplifying filing and making it relatively inexpensive. However, the default language for Office Actions has always been Hebrew. Nonetheless, initially on a trial basis but now a permanent feature, there exists an option to receive Office Actions in the English language, if requested prior to the inset of examination. This has been a huge success, and has benefited many of our foreign filers.
Then, there’s the human interface. On occasion, we have questions about examination, and we can call the Examiners directly and informally. The person whom we call most, often with questions for whom there is no specific address, is always happy to answer. I would like to commend her by name, but suffice it to say, her first initial is “S” and – well – if you know, you know.
One of the Best
In short, the ILPO has a streamlined system, using the best combination of the best technologies, the best, and a staff who simply want to help!
I am aware that there are several factors that govern decisions of applicants as to whether to file in different jurisdictions, among them, market size and technology adoption and development. This is especially the case when the applicant is a small to mid-size company.
When considering filing in a smaller jurisdiction, especially in a technological powerhouse such as Israel, among the factors that are weighed are the efficiency of examination, specifically, whether success in a parallel examination can be used to render the path to allowance and grant significantly more efficient (i.e. shorter and cheaper).
The answer with regard to Israel, is a resounding “yes!” As with all legal proceedings, there are no guarantees. However, if the 58th PCT Assembly has endorsed the Israel Patent Office – yet again – you might just want to give us a try.
