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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
On the (In)security of Digital Records: Israel PTO Changes Title of Patent Application Without Informing Applicant
In the mid-1990’s, as the internet was becoming ubiquitous, there was talk about moving to a paperless office. Nearly 30 years later, many businesses are paperless. The patent offices of both the USA and Israel, the two jurisdictions in which I represent clients, are not completely paperless, but they’re close.... Continue reading
Posted 7 days ago at America-Israel Patent Law
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A Nice Way To Start The Day
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It's always nice to open up PAIR and see this: Would be nicer if the appeal hadn't been necessary in the first place. And if the examiner got dinged (or had to reimburse the applicant) for this - it's not the first time this applicant has had to appeal with... Continue reading
Posted May 6, 2022 at America-Israel Patent Law
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Filing PCT Applications at the Israel PTO: Bye-Bye, PCT-SAFE, Hello ePCT (But Then Why File at RO/IL?)
Today the Israel PTO posted a notice that as of June 1, WIPO will no longer support the PCT-SAFE software that people need to use to file at the Israel PTO acting as PCT receiving office (RO/IL), and that henceforth they will need to prepare their application as a zip... Continue reading
Posted Apr 27, 2022 at America-Israel Patent Law
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Babylon Bee Channels Myriad Decision
The Babylon Bee is a Christian online publication that publishes satire on a wide variety of topics. In response to yesterday's confirmation of Ketanji Brown Jackson to SCOTUS, it ran a piece under the headline "In Historic Moment, Senate Confirms First-Ever Non-Biologist To Supreme Court", a reference to Jackson's statement... Continue reading
Posted Apr 8, 2022 at America-Israel Patent Law
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Two Jewish Inventors (And a Tale of How An Improvement Can be the Real Enabling Technology and a Money Maker)
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There was a story this week in Tablet about Emile Berliner, who in 1870 emigrated to the USA at age 19 to avoid being drafted to fight in the Franco-Prussian war. Over his first few years in the USA, he worked a number of different jobs, but his true interest... Continue reading
Posted Apr 1, 2022 at America-Israel Patent Law
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Avi Zinger Strikes Back: More on the Ben & Jerry's Boycott Israel Saga
This post isn't really patent or even IP related. Last year I wrote about how Ben & Jerry's announced it wouldn't renew its Israeli licensee's contract because the latter refused to stop selling ice cream in Judea and Samaria, and how from an IP practitioner's standpoint this presented several interesting... Continue reading
Posted Mar 28, 2022 at America-Israel Patent Law
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Suspension of Prosection: When A Patent Office Deliberately "Mails" A Letter With a Wrong Date
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I'm prosecuting a case before the Israel PTO in which we requested suspension of examination. Under current ILPTO practice, when an applicant requests suspension of examination1, the ILPTO sends the applicant a letter shortly before the application is due to be examined, giving the applicant a period to time in... Continue reading
Posted Mar 3, 2022 at America-Israel Patent Law
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Revolt at the Israel PTO: Examiners Refuse to Issue Office Actions in English
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As reported here previously, at the end of October, the Israel PTO announced a pilot program to issue Office Actions in English. The program was set to begin at the start of February 2022. According to a letter sent this morning by the Commissioner, some examiners weren't happy with this,... Continue reading
Posted Feb 23, 2022 at America-Israel Patent Law
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We Forgot About Your Patent Application. Sucks To Be You.
In 1995, the USA moved to a 20-years-from-earliest-filing-date regime. A few years later, in response to complaints that this effectively foreshortened patent term from the previous 17-years-from-grant if the USPTO was slow in examining cases, Congress enacted provisions for patent term adjustment (PTA, not be confused with patent term extension... Continue reading
Posted Feb 2, 2022 at America-Israel Patent Law
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Israel PTO Fixes Glitch in Issue Notification (Follow-Up to Noah At the ILPTO)
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Yesterday I wrote about an issue notification from the Israel PTO that didn't state when notice that the patent application had been accepted would be published in the Patents Journal. Subsequently, I contacted the head examiner at the Israel PTO to point out the problem, and made two additional suggestions:... Continue reading
Posted Jan 11, 2022 at America-Israel Patent Law
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Bill Cosby's Noah At the Israel PTO
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Those of us old enough to remember Bill Cosby before he fell from grace will recall his famous bit about Noah. It actually appeared on an LP as three separate sketches, the second of which was "Noah and the Neighbor". Noah's neighbor complains to Noah about the ark-under-construction blocking the... Continue reading
Posted Jan 10, 2022 at America-Israel Patent Law
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Why Can't I File a Section 17(c) Request In This Application?
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In my previous post I mentioned the lack of sufficient technical support for the Israel PTO's electronic filing system. Case in point, a new one for me: the system won't let me file a request under section 17(c) of the statute, the section that says an application can be allowed... Continue reading
Posted Jan 4, 2022 at America-Israel Patent Law
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When Is The Israel PTO Going to Provide Reliable Technical Assistance for Its Patent Electronic Filing System?
The Israel PTO’s patent electronic filing system went online in December 2015, and its use became mandatory for corporate applicants and legal representatives in June 2016. It was a sub-optimal system at launch, and most of the shortcomings from 2015 remain in place today. One such shortcoming was the lack... Continue reading
Posted Jan 2, 2022 at America-Israel Patent Law
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Christmas Patents (Here's Looking at You, Hymie D)
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In days of old when dinosaurs roamed the land and my brother still maintained his 12:01 Tuesday blog, he wrote once (I think) about the fact that for a long time, the USPTO has issued patents on Tuesdays, come rain, shine, or Christmas. One such patent, 2775048, was issued in... Continue reading
Posted Dec 24, 2021 at America-Israel Patent Law
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Life Imitates...Life: USPTO Systems Down. Again.
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[Note: this was originally posted at 11:40 local time. It's now 15:47 and it seems that some of the systems are back online. No explanation for the crash has been provided by the USPTO.] On December 15, 1836, the US Patent Office was destroyed in a fire. (Hat tip Richard... Continue reading
Posted Dec 16, 2021 at America-Israel Patent Law
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Butterfingers? Not This Time (Not Really Patent-Related)
In the first half of 2020, particularly around Passover, there were shortages of butter in Israel. Given the centralized production of milk in Israel, what is surprising isn't that there were butter shortages, but that there haven't been more in the 31 years I've been living here. In response, the... Continue reading
Posted Dec 15, 2021 at America-Israel Patent Law
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It Took A Few Years, But We Can Finally Attend That Party To Which We Were Invited
Six years ago I blogged about my response to being invited (along with, presumably, every other IP practitioner on the planet) to a conference in Dubai, with which Israel did not have diplomatic relations at the time. But then last year the Trump team pulled off the Abraham accords, and... Continue reading
Posted Nov 17, 2021 at America-Israel Patent Law
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Let’s Go Brandon? Or Let’s Go, No-Brand: Some Thoughts On Trademark Protection From a Non-Trademark Practitioner
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If you’re up on current events in the USA, skip to the next paragraph. If you don’t follow cultural and political developments in the USA, then you’re unaware that the performance of the current occupant of the White House has led crowds at certain events – notably some college football... Continue reading
Posted Nov 2, 2021 at America-Israel Patent Law
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Israel PTO to Issue Patent Office Actions in English (and How Some Firms Will Continue to Fleece Their Clients)
This morning the Israel PTO announced that, beginning January 1, 2022, applicants for patents may receive their substantive examination reports (aka “office actions”, or “OAs”) in English. This service is only available for patent applications for which substantive examination has not yet commenced. Although the Office indicated that this is... Continue reading
Posted Oct 31, 2021 at America-Israel Patent Law
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New York Times Gets It Wrong, But What’s New?
Once upon a time the New York Times was a respected publication. These days it’s overpriced toilet paper (and not very soft at that, let alone perforated for easy use). Case in point: a piece it ran at the end of January under the heading, “Colombians Ask: Who Would Dare... Continue reading
Posted Sep 30, 2021 at America-Israel Patent Law
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Israel PTO EFS To Be Offline For Part Of August 5; No Notice Posted on Website
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The Israel PTO announced this morning by email that its computer systems will be offline beginning Thursday August 5 and continuing through 7 AM the following morning. This will include filing systems for patents, trademarks and designs. The notice doesn't appear on the landing page of the ILPTO's web site.... Continue reading
Posted Aug 1, 2021 at America-Israel Patent Law
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Nice Bells And Whistles, But What About The Critical Functions?
I reported earlier this year on the Israel PTO’s updating of its public patent database, and concomitant loss of some documents in the migration. This week, the ILPTO sent not one but two emails regarding the database. It’s possible these emails were also posted on its website, but since the... Continue reading
Posted Jul 29, 2021 at America-Israel Patent Law
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Jen & Barry’s: The Answer to Ben & Jerry’s?
It’s safe to assume that by now most readers of this blog have heard that ice cream manufacturer Ben & Jerry’s will cease selling in Judea and Samaria in 2022. To quickly review the background: B&J, which is owned by Unilever, licensed a local company in Israel (reported in the... Continue reading
Posted Jul 25, 2021 at America-Israel Patent Law
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MOJ and Israel PTO Ask for Suggestions for Amending the Regulations for Patent Oppositions
This morning the MOJ and Israel PTO posted a call for suggestions for changes to the regulations governing patent oppositions in Israel, and the ILPTO sent out an email notifying recipients of this fact. The deadline for response is June 30, 2021. A similar call for comments was published in... Continue reading
Posted May 30, 2021 at America-Israel Patent Law
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Incorrect Mailing Date on Correspondence from Israel PTO
I recently encountered a bug in the Israel PTO’s system for sending notices to applicants and practitioners. Once upon a time, the Israel PTO sent practitioners paper copies of correspondence. That’s mostly gone by the wayside (patent certificates are the notable exception that still sent by snail mail). But the... Continue reading
Posted May 25, 2021 at America-Israel Patent Law
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