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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
I wrote last year noting that there were apparently no patent applications filed, ever, listing Shifa “Hospital” in Gaza as the applicant. Today on a whim I looked for patent applications for anyone in Gaza. Turns out that, at least according to WIPO’s Patentscope and freepatentsonline.com, no one from Gaza... Continue reading
Posted 3 days ago at America-Israel Patent Law
I don’t do trademark prosecution, but the issue of possible trademark protection is something I often discuss with clients. One of the ways I illustrate how successful marks convey distinctiveness is that you don’t necessarily have to be able to read to know what a mark means. Case in point:... Continue reading
Posted Aug 11, 2024 at America-Israel Patent Law
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I’ve written several times in the past about suspension of patent examination at the Israel PTO (here, here, here and here). In June, the ILPTO announced a new policy for dealing with the suspension of patent examinations. We’ll get to the new policy shortly, but a brief history of suspensions... Continue reading
Posted Jul 31, 2024 at America-Israel Patent Law
A few years ago I wrote a blog entry entitled “How To Rip Off Your Clients Without Them Knowing They’re Being Had”. Basically, the issue is that in Israel, the statute says that you can retroactively request extensions of time in patent cases, i.e. at the time you file the... Continue reading
Posted Jun 18, 2024 at America-Israel Patent Law
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The USPTO today sent out an announcement about its new Information Disclosure Statement (IDS) form SB/08a, the form an applicant uses to inform the USPTO about prior publications that are potentially relevant when considering the patentability of the claims under examination. One of the banes of patent practice before the... Continue reading
Posted Jun 17, 2024 at America-Israel Patent Law
Last week I wrote about the Board of Directors of the Columbia Law Review taking down the CLR's website because of hanky-panky by the student editors surrounding the acceptance of an anti-Israel screed. My friend Aaron Jaffe has now told me that the web site is back up and that... Continue reading
Posted Jun 12, 2024 at America-Israel Patent Law
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Yesterday, the Israel PTO sent out a notice that, in translation, reads as follows: “After several years of successful cooperation with the company Similari in the area of prior art searching by means of an AI-based tool, the engagement with the company has concluded. “The Authority [viz. the ILPTO] is... Continue reading
Posted Jun 10, 2024 at America-Israel Patent Law
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I have never been a fan of law reviews or law review articles. Law reviews are the only form of ostensibly academic journalism of which I'm aware in which the editors and reviewers are not themselves accomplished scholars or researchers in their fields, but are students studying for a first... Continue reading
Posted Jun 6, 2024 at America-Israel Patent Law
As I noted in my response to Paul's comment above, you can avoid the fees if the applicant is old or sickly (but what if the applicant is a company and it's only the inventor who's old or sickly?). In principle you can get the fee waived by making a PPH request, but of course that won't be situation here. The ILPTO also waives the fee for accelerating examination of "green" applications (and, if I recall correctly, applications concerning treatment or detection of the Wuhan virus), but I need to revisit the announcement of that program to understand the basis for the waiver.
Paul, you're correct that a mechanism for expediting examination already exists, but that was precisely my point: until now, anyone who'd filed a provisional and then decided he wants an examination report before the end of the priority year could file an Israel application claiming priority to the priority application make a request under section 19A of the statute that the examination be expedited. 19A(a) lists six non-exclusive bases for such a request: (1) applicant's age or state of health; (2) a published notice of Commissioner on the basis of examination of a corresponding foreign application (i.e., PPH); (3) infringement or suspicion of infringement by a third party; (4) unreasonable delay on the part of the ILPTO in examining the case, (5) for the public good; (6) particular circumstances that justify the application being examined out of turn. What this week's announcement effectively does is say that (i) an application's claiming of priority from a provisional application will ipso facto be considered a sufficient basis to expedite examination (under 19A(a)(6), I guess), and (ii) the earlier announcement about waiving the requirement for an affidavit ("declaration" is actually a more accurate translation of תצהיר) applies here too. You are correct that the regulations actually establish a two-part fee scheme, a first fee for requesting that the examination be expedited, and a second fee to expedite if the request is granted. I only mentioned the second fee. More importantly, and in contrast to what I wrote, the fees are waived for applicant age/health or PPH requests, but are due for applications that are first filed in Israel. So the cost difference between first filing a provisional and then filing in Israel and requesting acceleration of examination versus first filing in Israel and requesting acceleration of examination are whatever you pay to file a provisional.
Revised June 6 The Israel PTO announced yesterday that applicants who file applications in Israel that claim priority from a provisional patent application may on that basis request expedited examination under section 19A(a) of the statute. The idea is that applicants who have filed a provisional application but wish to... Continue reading
Posted Jun 5, 2024 at America-Israel Patent Law
When the Israel PTO moved to electronic filing in June 2016, no one had thought about the importance of providing the filer with confirmation that a filing had been made and what had been filed. Upon discovering this, at least one veteran member of the profession went to Jerusalem and... Continue reading
Posted May 29, 2024 at America-Israel Patent Law
There have been many videos of “protestors” on US college campuses in recent weeks that display how spoiled – and detached from reality – these students are. There was the graduate student at Columbia, complaining because the university wouldn’t allow food to be delivered to folks who had illegally occupied... Continue reading
Posted May 12, 2024 at America-Israel Patent Law
Well, that seems to be the message from the Israel PTO, which earlier today sent out an email to its distribution list, informing us of this important fact, with a link to the official WIPO announcement. Of course, Israel doesn't have formal diplomatic relations with Qatar, and Qatar hosts the... Continue reading
Posted May 8, 2024 at America-Israel Patent Law
Once upon a time, the Israel PTO let patent applicants request suspension of examination at almost any point in time during the examination process, and it didn’t cost anything. You just wrote to the office and requested suspension. This isn’t something that’s explicitly set forth in the statute, but it’s... Continue reading
Posted Apr 5, 2024 at America-Israel Patent Law
I’ve written in the past about petitions to revive Israel patents (or patent applications) that went abandoned for failure to take some action, most often failure to pay a renewal fee. The most common such situation has been failure to pay the first renewal fee, which is due within three... Continue reading
Posted Apr 4, 2024 at America-Israel Patent Law
As a follow-up to my post of a few weeks ago about the examiner who asserted that an amendment we filed was non-compliant because he found it difficult to read as a result of the PTO's post-filing processing of the document, in a different case (but in the same art... Continue reading
Posted Mar 31, 2024 at America-Israel Patent Law
So we filed a preliminary amendment in a US national phase application in early 2022, as a pdf made from an MS Word file that had the changes tracked - red strikethrough for deletions, blue underline for insertions. Just as we've done a zillion times in the past. Today we... Continue reading
Posted Mar 13, 2024 at America-Israel Patent Law
According to an email announcement in Hebrew sent earlier this month and for which a reminder was sent today, on January 30, the Israel PTO will be holding a video training session covering two topics: how to use an AI search tool from a particular company to look for publications... Continue reading
Posted Jan 28, 2024 at America-Israel Patent Law
Last week, the USPTO's computer systems crashed. Not just on the patent side, but also the trademark side Sometimes you could get in, sometimes you couldn't...eventually I found myself completely unable to access the USPTO's computers - not even the USPTO's homepage, www.uspto.gov - unless I changed something in my... Continue reading
Posted Jan 25, 2024 at America-Israel Patent Law
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So I filed a national phase application, and then shortly thereafter - before notice of the filing the application published - the client instructed me to file some amendments to the text. As I've mentioned on previous occasions, one of the annoying things about the Israel PTO's EFS is that... Continue reading
Posted Jan 1, 2024 at America-Israel Patent Law
This could have been Gaza, or Ramallah, or Amman or Damascus or Beirut...but first you have to learn to love life rather than lust after death. Good things happen to people who love life. Intel to open factory in Israel with investment of $25 billion | The Times of Israel Continue reading
Posted Dec 26, 2023 at America-Israel Patent Law
There are a few Far Side cartoons that that are not only funny but useful for illustrating basic concepts in patent law. One of those ran today on www.thefarside.com: it shows a group of cavemen with animals draped over their backs, and one caveman standing off to the side holding... Continue reading
Posted Dec 5, 2023 at America-Israel Patent Law
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Years ago, my friend and (now retired) colleague Ellen Shankman, a trademark attorney, drew my attention to a phenomenon in Israel regarding patent applications: lots of Israelis think that filing a patent application means they’ve won the lottery, when it’s more like buying a lottery ticket. I thought of the... Continue reading
Posted Nov 23, 2023 at America-Israel Patent Law
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I could write about the USPTO colossal electronic system screw-up this week…but that will wait for a later blog post. Today we’re going to discuss the ILPTO EFS, particularly its new interface for filing new applications. As mentioned in a previous post, in September the Israel PTO announced, with much... Continue reading
Posted Nov 16, 2023 at America-Israel Patent Law