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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
We have from time to time blogged about the Israel PTO’s obsession with “overlap” between patent claims, an obsession which in our view is unfounded, being based on a far too-expansive reading of section 2 of the Patent statute (see here, here, here, and here). The problem with the ILPTO’s... Continue reading
Posted Jan 6, 2020 at America-Israel Patent Law
I think anyone who works in more than one language has stories about “machine generated” translations. One of my favorites is one that appears on restaurant menus in Israel: it’s common for the menu to include the legend, ללא חשש ערלה, which means that kosher-conscious customers need not worry that... Continue reading
Posted Dec 31, 2019 at America-Israel Patent Law
In the previous blog post I discussed the recent decision of the Israel High Court of Justice, which clarified that employee-inventors are not necessarily due compensation for their inventions, that their right to such compensation is conditionable, and that a properly drafted employment agreement will preclude such employees claiming compensation... Continue reading
Posted Dec 29, 2019 at America-Israel Patent Law
The Israel Patent Statute includes a few sections (131-136) dealing with inventions invented by employees. Section 132 establishes a default setting whereby an invention made by an employee during the period of his employment and as a result of his employment (aka a service invention) belongs to the employer. The... Continue reading
Posted Dec 26, 2019 at America-Israel Patent Law
Maybe in the future I'll post something about the basics of protecting trade secrets. Yesterday's Dilbert cartoon gives a good example of how NOT to protect a company's trade secrets or other IP. Continue reading
Posted Nov 21, 2019 at America-Israel Patent Law
Economists like to explain how attempts by states to control economies almost always result in failure, such as shortages or surpluses of goods. A textbook example, happening right now in Israel, is the lack of butter, which has missing from store shelves for over a year. While Israel is now... Continue reading
Posted Nov 19, 2019 at America-Israel Patent Law
One of the difficulties with patent examination is that it can take a long time. If, as an applicant, you’re not in rush, that’s fine. But sometimes you don’t want to wait. For example, you may be poised to bring a product to market soon, and want patent protection as... Continue reading
Posted Oct 15, 2019 at America-Israel Patent Law
Last week, Israel deposited the instrument of accession to the Geneva Act (1999) of the Hague Agreement. The Hague Agreement is to designs what the Madrid system is to trademarks: an international filing system that enables an applicant to obtain design protection in several countries at once. This accession to... Continue reading
Posted Oct 10, 2019 at America-Israel Patent Law
This post arises from a question that was put to me by a colleague. He wanted to expressly abandon an Israel Patent Application, but when he went into the electronic filing system to do so and chose “cancellation of patent” as his action, the system told him, “Nyeah nyeah nyeah,... Continue reading
Posted Oct 7, 2019 at America-Israel Patent Law
In late 2017 we wrote about how a deal involving technology developed at the Weizmann Institute resulted in litigation between two former friends and scientific collaborators, and how the case illustrates the difference between conceiving an idea and commercializing that idea. Now it turns out that the underlying deal, between... Continue reading
Posted Sep 16, 2019 at America-Israel Patent Law
On August 6 DNC assigned 31 marks associated with Yosemite National Park to Yosemite Hospitality LLC, which is the subsidiary of Aramark that now runs the concessions at YNP. These presumably will be assigned back to National Parks Service when Aramark’s concession ends in 2031 or thereabouts. Thus comes to... Continue reading
Posted Aug 18, 2019 at America-Israel Patent Law
Subject matter eligibility under 35 USC §101, and the requirements for compliance with the written description and enablement requirements of 35 USC §112, have been areas of rapid legal development for several years. Unfortunately, these areas remain in flux: in the past year, the USPTO has issued new §101 and... Continue reading
Posted Aug 15, 2019 at America-Israel Patent Law
My brothers and I were active in the Boy Scouts of America in our youth, our father was active both in his youth and then later through much of his adult life, and our maternal grandfather, like the three of us and our father, was also an Eagle Scout in... Continue reading
Posted Aug 8, 2019 at America-Israel Patent Law
Presentations will include the latest info on §101 and §112. Stay tuned for more info... Continue reading
Posted Jul 21, 2019 at America-Israel Patent Law
Earlier today, the US National Parks Service announced that it had settled a suit brought by the previous concessionaire at Yosemite National Park, Delaware North (DNC). Although the announcement didn't mention a dollar amount, other news sources put the figure at $12 million, far less than what DNC had initially... Continue reading
Posted Jul 15, 2019 at America-Israel Patent Law
Interesting theory, Paul. We'll see if an allowance is forthcoming after we respond.
Wow. Maybe this is a trend, and/or a new memo was circulated among the examiners telling them to call in these situations. Thanks for sharing that.
It’s not unusual for a patent applicant to lose interest in an application. I see this most often in the context of failed clinical trials for a new drug; without a product to protect, there’s usually no reason to continue to pursue patent protection for that product. But there can... Continue reading
Posted Jul 2, 2019 at America-Israel Patent Law
Once upon a time, universities didn’t pay much attention to IP. That has changed over the years. When I was a kid growing up in Ann Arbor in the late 1970’s, the athletic director at the University of Michigan was considered a pioneer and a marketing genius, but it wasn’t... Continue reading
Posted Jun 30, 2019 at America-Israel Patent Law
I’ve written a few times on this blog about problems encountered with the USPTO’s pre-examination processing team (see e.g. here ), and have engaged in extensive discussions about these problems on Carl Oppedahl’s listservs. The main issue is that there are numerous ways in which an application can be defective,... Continue reading
Posted May 31, 2019 at America-Israel Patent Law
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
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