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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
More on Proposed Provisional Patent Applications in Israel – Part I
As reported previously here, here and here, late last spring the ILPTO proposed instituting a mechanism for the filing of provisional applications in Israel. In an effort to ostensibly gather input from the public, the ILPTO held two Zoom meetings, one in June in one in July. I say “ostensibly”... Continue reading
Posted Feb 11, 2021 at America-Israel Patent Law
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Yet Another Attempt By the Israel PTO to Circumvent the Law: ILPTO Seeks to Expand Its Powers By Fiat, at the Expense of §17(c) of the Statute
I’ve blogged before about how a good thing became less good when it was codified in the statute, specifically §17(c) of the Israel Patent statute, enacted in 1995, which codified what had until then been an Israel PTO practice: you get a corresponding patent allowed in certain other jurisdictions, and... Continue reading
Posted Jan 31, 2021 at America-Israel Patent Law
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PTO Doubling Its Work: USPTO Re-Publishes Patent Application After Patent Has Already Issued
Posted Dec 27, 2020 at America-Israel Patent Law
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It's A Game Console. It's a Chicken Warmer. It's Both! (Or Maybe Someone's Pulling Our Leg)
Posted Dec 24, 2020 at America-Israel Patent Law
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Let’s Hear It for the Dumpster!
One of the aspects of being a patent attorney that I enjoy is learning how seemingly simple things we take for granted in modern life are not so simple. I’m not talking computers and smartphones, which no one assumes are simple. I’m talking things like, how does a potato chip... Continue reading
Posted Dec 8, 2020 at America-Israel Patent Law
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Call For Comments: Israel PTO Goes Fishing With Ideas For Statutory Amendments
Yesterday, the Israel PTO published a "Call for Comments" about possible changes to the Patent Statute. Formally, it was the Justice Ministry that published the document, but enough of the content focuses on the patent examination process that it's clear that the ideas in the document originated with the Patent... Continue reading
Posted Dec 1, 2020 at America-Israel Patent Law
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WIPO Helps Out. Again.
Last week I went to log into my ePCT account. WIPO gives you a choice of doing with or without "strong" identification, but only the latter allows you take certain actions. There are three ways to do "strong" identification, namely with a digital certificate provided by WIPO, by getting a... Continue reading
Posted Nov 29, 2020 at America-Israel Patent Law
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Israel PTO Incapable of Preserving the Order of Applicants and Inventors in Patent Applications
Classic joke: Schwartz dies, and as his family is going through his things, in the pocket of one of his suits they discover a 15-year-old claim check for a pair of shoes under repair. They assume it’s unlikely the shoes are still there, but just in case, Schwartz’s son goes... Continue reading
Posted Nov 23, 2020 at America-Israel Patent Law
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More Fun With the Israel PTO Electronic Filing System
We've refrained from ragging on the ILPTO electronic filing system for a while. Partly that's because criticizing IL-EFS is like shooting fish in a barrel, partly that's because no one wants to hear a perpetual complainer. If you don't like reading whines/rants/gripes, read no further. But if you too suffer... Continue reading
Posted Nov 22, 2020 at America-Israel Patent Law
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Free Speech, The Right to Petition, and Patent Infringement: A Thought on Hatch-Waxman and ANDA Filings
This is longish post, prompted by a comment made by Dennis Crouch at his PatentlyO blog. Since much of it deals with the background of the Hatch-Waxman amendment, with which some readers are familiar, I’ll cut to the chase: in discussing the recent CAFC decision in Valeant v Mylan, Dennis... Continue reading
Posted Nov 15, 2020 at America-Israel Patent Law
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Israel PTO and EPO Extend Patent Prosecution Highway Program
The Israel PTO announced last week that its PPH and PCT-PPH agreements with the European Patent Office, which were due to expire in January 2021, have been extended indefinitely. These programs allow applicants to expedite the examination of an application in one of these jurisdictions based on a positive examination... Continue reading
Posted Nov 1, 2020 at America-Israel Patent Law
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Patents and Technological Obsolescence (with thanks to Tom Lehrer)
Yesterday I wrote about Tom Lehrer dedicating his songs to the public. Turns out that his output includes a song that’s a wonderful illustration of technological obsolescence. But a word of background. The idea behind patents is that by disclosing technological innovations in a manner that enables others to copy... Continue reading
Posted Oct 27, 2020 at America-Israel Patent Law
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Dedication of IP Rights to the Public (Tom Lehrer Fans, Rejoice!)
We refer to patents, trademarks and copyrights as "intellectual property" 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... Continue reading
Posted Oct 26, 2020 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 Oct 22, 2020 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 Oct 21, 2020 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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