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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
Israel Joins WIPO’s Digital Access Service (DAS)
The ILPTO announced today that as of May 1, 2019, it will be a part of WIPO’s Digital Access Service. (An announcement to this effect appeared on WIPO’s site more than a week ago, on March 11.) This means that patent applicants who file in Israel who claim priority from... Continue reading
Posted Mar 20, 2019 at America-Israel Patent Law
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You Can KEEP Your PKIs (Until You Can't)
Posted Feb 15, 2019 at America-Israel Patent Law
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Addedum to "Another Example of How To Fleece Clients Without Them Knowing (Part 3)"
In response to January 17's post, an alert reader who wishes to remain anonymous pointed out that part of 8(d) of the APAI's "code of ethics" would seem to preclude an Israeli patent practitioner from listing himself an a "applicant of convenience" on a PCT application. For the uninitiated, an... Continue reading
Posted Jan 19, 2019 at America-Israel Patent Law
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Another Example of How To Fleece Clients Without Them Knowing (Part 3)
This is the third installment discussing a situation in which patent practitioner X listed himself as an inventor on an application he drafted and filed on behalf of Z, assigned all his rights to Z, and was then asked by by Y, the practitioner to whom the case was subsequently... Continue reading
Posted Jan 17, 2019 at America-Israel Patent Law
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Another Example of How To Fleece Clients Without Them Knowing (Part 2)
Yesterday I wrote about an interesting situation: patent practitioner X listed himself as an inventor on an application he drafted and filed on behalf of Z, and assigned all his rights to Z. X was asked by Y, the practitioner to whom the case was subsequently transferred, to confirm in... Continue reading
Posted Jan 16, 2019 at America-Israel Patent Law
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Another Example of How To Fleece Clients Without Them Knowing (Part 1)
This is the first of several posts about an interesting situation. X is a patent practitioner here in Israel. He’s a very smart guy, and he’s one of the straightest arrows I know. Y is also a patent practitioner here in Israel. Y holds a senior position in a Big... Continue reading
Posted Jan 15, 2019 at America-Israel Patent Law
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Timely Processing By The ILPTO Electronic Filing System
Posted Dec 30, 2018 at America-Israel Patent Law
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Good Idea, Bad Implementation? ILPTO Changes Procedure for Suspending Examination of Patent Applications
We’ve blogged before about the ILPTO’s policy for suspending examination of patent applications. In particular we noted how its collection of fees for such suspension is ultra vires, and how a better approach, within the ILPTO’s authority, would be allow applicants to delay their response to pre-examination letters by up... Continue reading
Posted Dec 18, 2018 at America-Israel Patent Law
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USPTO: Making It Up As They Go Along, And No One To Talk To
Not long ago we filed a continuation application at the USPTO, the most recent installment in a chain of applications. The applications all have the same specification and drawings. All were published in pre-grant format, several patents have already issued and published by the USPTO, and the immediate predecessor application... Continue reading
Posted Sep 27, 2018 at America-Israel Patent Law
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In the Wake of Computer System Outage, USPTO Does the Right Thing
Due a major computer glitch, from August 15 through the 23rd inclusive, users of the USPTO’s PAIR system for monitoring patent applications, as well as its electronic filing system (EFS), were unable to access data on applications or to electronically file documents, including new applications. There’s much that could be... Continue reading
Posted Aug 31, 2018 at America-Israel Patent Law
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No Sovereign Immunity for YOU, St. Regis!
On Friday a panel of the Federal Circuit (Judges Dyk, Moore and Reyna) ruled that sovereign immunity does not shield Indian Tribes from patent challenges via the inter partes review mechanism. In a nutshell, the panel noted that (a) Congress must explicitly waive tribal sovereign immunity, but (b) that’s only... Continue reading
Posted Jul 22, 2018 at America-Israel Patent Law
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Life Imitates Art: Despicable US Postal Service
Gru: "We stole the Statue of Liberty! ... The small one from Las Vegas." USPS: uses an artist's version of the Statue of Liberty - the small one from Las Vegas - on a postage stamp without the artist's permission. In the movie, I don't think Gru had to pay... Continue reading
Posted Jul 6, 2018 at America-Israel Patent Law
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Reason Number 597 To Dislike The ILPTO's Electronic Filing System
Posted Jun 28, 2018 at America-Israel Patent Law
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The First Step Toward Recovery Is Admitting You Have a Problem Redux, Sort Of
Six years ago I wrote about Judge Rader of the CAFC and praised his reversing his position on a particular issue; judges don't always admit to mistakes in their jurisprudence, let alone seek to correct those mistakes given the opportunity. Yesterday in South Dakota v Wayfair, Inc. et al., a... Continue reading
Posted Jun 21, 2018 at America-Israel Patent Law
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The Ten Millionth U.S. Patent. Another Cause of Global Warming?
Posted Jun 19, 2018 at America-Israel Patent Law
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Examination under Section 17(c): Be Careful What Statutes You Wish For
This is a story about how a good idea that originated in the Israel PTO tripped over its own shoelaces (in a manner of speaking) when it was eventually enacted into law. The story begins in the late 1980’s, when the Israel PTO had a significant backlog in the examination... Continue reading
Posted Jun 15, 2018 at America-Israel Patent Law
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Why We Do Our First Filings Outside of Israel
Israel does not require patent applicants to file first in Israel (unless their inventions concern certain defense or nuclear technologies). And as a result, more often than not the first application gets filed outside of Israel. In our office, that first filing is almost always made either at the USPTO... Continue reading
Posted May 31, 2018 at America-Israel Patent Law
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I also got through on Sunday. And spoke with an examiner today.
Commented Apr 16, 2018 on What's Wrong With the ILPTO's Telephone System? at America-Israel Patent Law
What's Wrong With the ILPTO's Telephone System?
Just tried calling an examiner at the ILPTO from a cell phone, and the call was terminated without any rings. So I tried again. Same thing. So I tried another number there. Same thing. So I tried calling from a land line. Got a busy signal. So I tried another number. Busy signal. ...
What's Wrong With the ILPTO's Telephone System?
Posted Apr 12, 2018 at America-Israel Patent Law
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Rapid Combination of Oxygen and Carbon (Pesah Sameah, Everyone)
Posted Mar 30, 2018 at America-Israel Patent Law
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Zvi, regarding your second point, see http://www.iliplaw.com/americaisrael_patent_law/2016/06/memo-to-israel-pto-please-read-the-statute-before-you-take-your-electronic-filing-system-online.html
Commented Mar 11, 2018 on Was The Israel Patent Office Online Filing System Designed by Sergeant Schultz? at America-Israel Patent Law
Was The Israel Patent Office Online Filing System Designed by Sergeant Schultz?
Those of us above a certain age recall the 1960's sitcom Hogan's Heroes, about a group of irreverent Allied POWs and their incompetent captors, Colonel Klink and Sergeant Schultz. The latter tried hard to maintain a low profile. Hence his famous tagline: "I see nothing! I know nothing!" Work...
How To Rip Off Your Clients Without Them Knowing They’re Being Had
There’s a deadline approaching in a case I filed in Israel for a US colleague. Over the years I’ve handled a number of Israel filings for this person, and although we’ve taken extensions for this practitioner’s cases several times in the past, in view of the impending deadline he asked... Continue reading
Posted Mar 7, 2018 at America-Israel Patent Law
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SCOTUS Rules Patent Invalidity Requires an Article III Court; Declares AIA Unconstitutional (A Fanciful Purim Post)
In a highly anticipated – and stunning – decision, the US Supreme Court today ruled not only that the Patent Trial and Appeal Board (PTAB) was constitutionally prohibited from entertaining Inter Partes Review proceedings, but that because of this lack of constitutionality, the entire “America Invents Act” (AIA), passed by... Continue reading
Posted Feb 28, 2018 at America-Israel Patent Law
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Did The USPTO Fix Its “Information Provided Does Not Match USPTO Data” Algorithm?
Posted Jan 31, 2018 at America-Israel Patent Law
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T-Cell Targeting of Tumor Cells: The Long Road Between Concept and Commericialization
The hottest story in Israeli biotech in 2017 was the August acquisition of Kite Pharma by Gilead Sciences for 11.9 billion dollars, and the announcement in October of FDA approval of the leading drug candidate that Gilead obtained in the purchase, Axicabtagene Ciloleucel, which is being marketed under the name... Continue reading
Posted Dec 31, 2017 at America-Israel Patent Law
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