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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
Dedication of IP Rights to the Public (Tom Lehrer Fans, Rejoice!)
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
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Bill Murray Visits the Israel PTO
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
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When Science Professors Opine on IP Matters Without Good Legal Advice
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
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Can We Please Not Screw Up Organic Chemistry With Political Correctness?
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
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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.
Commented Oct 16, 2020 on Certification for Patent Searching? at America-Israel Patent Law
Certification for Patent Searching?
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 pat...
We Like The PCT International Bureau (For Good Reason, And They Know It)
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
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Certification for Patent Searching?
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
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But What's The Plaintiff's Cause of Action?
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
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Ancient Copper Smelting and Intellectual Property
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
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Patent Law Firms Run By Pointy-Haired Bosses
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
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Sheriff Bart, Diplomatic Relations with the UAE, and IP in Israel
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
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Hyper-Textualism at the Israel PTO: Parallel National Phase Applications Aren't "Corresponding Applications"
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
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The Difference Between a Grace Period and An Extra Year To File
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
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Why Can’t I Claim Priority From A PCT Application At the Israel PTO?
Posted Jul 1, 2020 at America-Israel Patent Law
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Another Suggestion for the Israel PTO: Allow Applicants to Request an Expedited Search Only
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
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Crunchy Frog at the USPTO (A Brief Memoriam to Q. Todd Dickinson)
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
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Another First: Israel PTO Implements Regulations for Electronic Filing Outage
Posted Jun 17, 2020 at America-Israel Patent Law
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Israel PTO Proposes "Temporary" Patent Application to Compete with US Provisional Filings
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
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Israel PTO Announces Accession to DAS for Design Applications
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
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Two More Suggestions for the Israel PTO: Allow Practitioners to Act in a Representative Capacity, and Allow Address for Renewal (Maintenance) Fees Only
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
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A Small Request of the Israel PTO: Please Provide A Longer List of Decisions
Posted Jun 1, 2020 at America-Israel Patent Law
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An Easy Fix For The USPTO: Emailing Notices of Rejected Powers of Attorney
Posted May 25, 2020 at America-Israel Patent Law
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Yet More Updates from the Israel PTO re Work and Deadlines During Corona Virus
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
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Webinar on Israel's Compulsory Licensing of Kaletra and the Role of IP in the Corona Virus Pandemic
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
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Update on Functions on Israel PTO During Corona Shut-Down – We’re Still in Chelm
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
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