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Daniel Feigelson
I'm an Israel-based patent practitioner who practices before both the Israel and U.S. Patent Offices
Recent Activity
We refer to patents, trademarks and copyrights in part because they have attributes of what we normally think of as tangible property. Just as ownership of tangible property – a piece of land or a bicycle – allows us to say who can and can’t use our property, but doesn’t... Continue reading
Posted 6 hours ago at America-Israel Patent Law
Not really. But the ILPTO's emailing today of a link to the recent announcement that Trinidad & Tobago has joined the Madrid Protocol reminded me of this classic Bill Murray scene. In more ways than one. Continue reading
Posted 4 days ago at America-Israel Patent Law
The letter below came to my attention recently. It was sent out by two professors in administrative positions at one of Israel’s institution of higher education. Can you spot the errors? Greetings All, Maintaining records of laboratory work is important for the day-to-day activities of collaborative research within a group... Continue reading
Posted 5 days ago at America-Israel Patent Law
I’ve been writing this blog on and off for over ten years, and I don’t think that until now I’ve strayed beyond IP-related things. I guess there’s a first time for everything. I was a chemistry major in college. My favorite course was my sophomore year organic chemistry course, a... Continue reading
Posted Oct 18, 2020 at America-Israel Patent Law
Oh, maybe, just a little. What ever gave you that impression? Although in all seriousness, as we both know, paying a lot doesn't necessarily guarantee good results (which is true with everything), but rarely will being cheap yield good search results.
An applicant who is entitled to file a PCT application may file using his "home" patent office as the PCT Receiving Office (RO), or, if local law allows filing outside the "home" jurisdiction, at the PCT International Bureau (IB). (Technically, one may actually file at ANY PCT RO, but if... Continue reading
Posted Oct 15, 2020 at America-Israel Patent Law
A friend passed on this link to me. It’s for an organization that exists to give credentials to patent searchers. Searching the corpus of prior publications, and assessing the results, can be an important part of assessing the patentability of one’s invention, of deciding on a strategy for patenting or... Continue reading
Posted Oct 15, 2020 at America-Israel Patent Law
After years of lacking an official internet presence, Gary Larson recently relented and starting posting his old Far Side cartoons on a daily basis. Several of these have an IP angle to them, like this one. But what's the cause of action here - right of publicity? Copyright? Unjust enrichment?... Continue reading
Posted Oct 12, 2020 at America-Israel Patent Law
The news outlets in Israel recently ran stories about the discovery of ancient copper smelting furnaces in what is today Beer Sheva (“ancient” meaning 6500 years old). You can read about it here and here; the journal article that prompted the press release is here. The general site was first... Continue reading
Posted Oct 8, 2020 at America-Israel Patent Law
There's a patent agent firm in Israel that used to require its employees - including professional staff - to wear RF ID badges. Maybe it still does. Today's Dilbert cartoon was clearly inspired by the real-life pointy-haired boss at that firm. Continue reading
Posted Aug 31, 2020 at America-Israel Patent Law
Fans of Mel Brooks (may he live to be 120), and his movie Blazing Saddles in particular, will well recall the scene in which the new sheriff in town, Bart says good morning to an old woman, who greets him uncheerfully. Later, after Bart succeeds in subduing the outlaw Mongo,... Continue reading
Posted Aug 14, 2020 at America-Israel Patent Law
Two years ago, I blogged about how something that started out as a good idea of the Israel PTO was eventually written into the statute and then interpreted by the ILPTO in too limiting a way. As I wrote then: “The story begins in the late 1980’s, when the Israel... Continue reading
Posted Jul 21, 2020 at America-Israel Patent Law
Today the Israel PTO held the second of two Zoom calls about its proposal to enable the filing of a provisional application in Israel. I participated in the first call and listened in on part of the second call, and will relate to the first call in a subsequent post.... Continue reading
Posted Jul 19, 2020 at America-Israel Patent Law
Ok, that question is unfair. Obviously, a party CAN file a patent application in Israel that claims priority from a PCT application, as opposed to being the national phase of that PCT application (and/or in addition to being the national phase of a different PCT application). A PCT application, after... Continue reading
Posted Jul 1, 2020 at America-Israel Patent Law
Yesterday, as part of its initiative to institute a provisional Israel patent application, the ILPTO held a Zoom chat. I’ll report on the parts of that chat that pertain to the creation of a provisional application filing track in a subsequent post. Today I want to discuss a tangential point... Continue reading
Posted Jun 29, 2020 at America-Israel Patent Law
Fans of Monty Python will recognize the title of this post as referring to one of the troupe’s classic and most beloved sketches, in which an overzealous policeman accosts the manufacturer of eccentric chocolates for labeling his products with descriptions that insufficiently explain the nature of some of those products.... Continue reading
Posted Jun 26, 2020 at America-Israel Patent Law
A few months ago, Israel made headlines for implementing, for the first time, the state's right to grant a compulsory license for pharmaceuticals. Today, the Israel PTO concluded another first, although not of as nearly widespread interest as the compulsory license decision: the ILPTO formally announced per Rule 11D(a) that... Continue reading
Posted Jun 17, 2020 at America-Israel Patent Law
Two years ago, I wrote a post on this blog entitled “Why we do our first filings outside of Israel”. I wrote it in response to the complaint of a high-level ILPTO official about the fact that so many Israeli entities file first elsewhere, principally at the USPTO, in the... Continue reading
Posted Jun 14, 2020 at America-Israel Patent Law
The Israel PTO announced today that effective July 1, 2020, applicants for registered designs in Israel will be able to make use of DAS. (The ILPTO notified WIPO of this last month.) Design applicants whose first filing is in Israel may ask that their application be made available via DAS,... Continue reading
Posted Jun 14, 2020 at America-Israel Patent Law
I tend to think of the USPTO as being significantly more rule-burdened (i.e. bureaucratic) than the ILPTO. This is, perhaps, a natural outgrowth of the USPTO being a significantly larger organization – something like 8,000 employees rather than the fewer than 300 at the ILPTO – although there are also... Continue reading
Posted Jun 8, 2020 at America-Israel Patent Law
Ex parte examination of patent, trademark and design applications is usually just a matter between the examiner and applicant, but sometimes ex parte matters need to be decided by the Commissioner, the Deputy Commissioner, or the Hearing Officer (פוסק בקנין רוחני in Hebrew, which translates more literally as "intellectual property... Continue reading
Posted Jun 1, 2020 at America-Israel Patent Law
The USPTO plans to transition from the current combination of PAIR/EFS/EPAS/FM for submitting and viewing documents and for paying fees to a single system called "Patent Center". Last month the PTO opened Patent Center for beta testing. Carl Oppedahl has been keeping a list of things that absolutely need to... Continue reading
Posted May 25, 2020 at America-Israel Patent Law
Over the past two weeks, the Israel Ministry of Health has been easing corona virus-related restrictions. Students in grades 11-12 have returned (partly) to classes and matriculation examinations, younger grades are returning to school, and today pre-schools and some malls were scheduled to re-open. In keeping with this, today the... Continue reading
Posted May 10, 2020 at America-Israel Patent Law
The Israel Embassy in Geneva has organized a webinar that will take place on May 7 at 16:00 Israel time (09:00 Eastern time in the US). The main speaker will be Howard Poliner from the Ministry of Justice, who was one of the lawyers who helped draft the Government Order... Continue reading
Posted May 6, 2020 at America-Israel Patent Law
Today the Government of Israel (the cabinet, in American-speak) allowed most small businesses to reopen. Sadly, according to an announcement sent out today by the Israel PTO, the government is not according the same privilege to the ILPTO, which is being forced to continue to work with a reduced staff.... Continue reading
Posted Apr 26, 2020 at America-Israel Patent Law