This is Daniel Feigelson's Typepad Profile.
Join Typepad and start following Daniel Feigelson's activity
Join Now!
Already a member? Sign In
Daniel Feigelson
I'm an Israel-based patent practitioner who practices before both the Israel and U.S. Patent Offices
Recent Activity
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 6 days ago at America-Israel Patent Law
Image
The USPTO's computer systems are just that - a collection of different systems. Some of these systems talk to each other, i.e. are linked together and share data more fully than others systems talk to each other. Among these different systems are separate public databases for patents (searchable by multiple... Continue reading
Posted Feb 15, 2019 at America-Israel Patent Law
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
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
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
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
Image
Filed a payment at the ILPTO on December 21. Just now received the submission confirmation: The USPTO EFS issues these kind of receipts immediately, and has done so since it went online in 2006. Continue reading
Posted Dec 30, 2018 at America-Israel Patent Law
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
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
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
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
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
Image
It's 11 PM. I try to log into the ILPTO's EFS, and I get this message: But I know I've got the correct URL, so I click on "continue to this website". Whereupon I get this screen: "This page under construction". There's no notice of a planned system outage anywhere... Continue reading
Posted Jun 28, 2018 at America-Israel Patent Law
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
Image
Today the USPTO issued patent no. 10,000,000. My brother may speculate why they chose this particular one to be the ten millionth patent. But I'm wondering something else. Here's a graph of US patent grants since 1790: And here's a graph of global temperatures since 1850: Notice the similarities of... Continue reading
Posted Jun 19, 2018 at America-Israel Patent Law
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
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
I also got through on Sunday. And spoke with an examiner today.
Image
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... Continue reading
Posted Apr 12, 2018 at America-Israel Patent Law
Image
It's erev Pesah, when Jews increase their carbon footprint by symbolically burning their leavened products (aka hametz), which they're neither allowed to own nor possess (let alone benefit from) during the 7-day Passover holiday (8 days and loss of down if they're also penalized for living outside land of Israel).... Continue reading
Posted Mar 30, 2018 at America-Israel Patent Law
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
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
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
Image
This is about a minor point in how the USPTO processes new applications that has bothered me on occasion. Since the adoption of the AIA, US patent applicants are required to file an “Application Data Sheet” in non-provisional applications. Basically this is a way for the USPTO to be provided... Continue reading
Posted Jan 31, 2018 at America-Israel Patent Law
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