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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

An Easy Fix For The USPTO: Emailing Notices of Rejected Powers of Attorney

The USPTO plans to transition from the current combination of PAIR/EFS/EPAS/FM for submitting and viewing documents and for paying fees to a single system called "Patent Center". Last month the PTO opened Patent Center for beta testing. Carl Oppedahl has been keeping a list of things that absolutely need to... Continue reading

Posted 2 days ago at America-Israel Patent Law

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Yet More Updates from the Israel PTO re Work and Deadlines During Corona Virus

Over the past two weeks, the Israel Ministry of Health has been easing corona virus-related restrictions. Students in grades 11-12 have returned (partly) to classes and matriculation examinations, younger grades are returning to school, and today pre-schools and some malls were scheduled to re-open. In keeping with this, today the... Continue reading

Posted May 10, 2020 at America-Israel Patent Law

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Webinar on Israel's Compulsory Licensing of Kaletra and the Role of IP in the Corona Virus Pandemic

The Israel Embassy in Geneva has organized a webinar that will take place on May 7 at 16:00 Israel time (09:00 Eastern time in the US). The main speaker will be Howard Poliner from the Ministry of Justice, who was one of the lawyers who helped draft the Government Order... Continue reading

Posted May 6, 2020 at America-Israel Patent Law

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Update on Functions on Israel PTO During Corona Shut-Down – We’re Still in Chelm

Today the Government of Israel (the cabinet, in American-speak) allowed most small businesses to reopen. Sadly, according to an announcement sent out today by the Israel PTO, the government is not according the same privilege to the ILPTO, which is being forced to continue to work with a reduced staff.... Continue reading

Posted Apr 26, 2020 at America-Israel Patent Law

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A Tale of Two Patent Offices

Over the years, in this blog I have written more than a few complaints about the Israel PTO. But one of the good sides of the ILPTO that I have consistently emphasized is that, being relatively small, it’s usually possible to get problems at the ILPTO fixed. Hence yesterday, I... Continue reading

Posted Apr 24, 2020 at America-Israel Patent Law

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ILPTO Web Site Inaccessible - At Least For Some

The ILPTO's web site has been inaccessible to me, at least since last night, when I attempted to access it using my regular internet connection. This means that I have been unable to see announcements on the ILPTO site, or to file documents. The last time I successfully accessed the... Continue reading

Posted Apr 23, 2020 at America-Israel Patent Law

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Israel PTO Announces Program to Advance Examination of Patent Applications Dealing with Corona Virus

The Israel PTO announced today that applicants whose applications pertain to the diagnosis, treatment, prevention or other means of defeating the corona virus may have their applications examined out of turn. All that is necessary is a letter explaining how the invention described in the application pertains to the diagnosis,... Continue reading

Posted Apr 21, 2020 at America-Israel Patent Law

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Modeling Pandemics: An Illustration of Why Hindsight Reasoning Drives Patent Applicants Crazy

A friend shared this link to a comic-style presentation of the difficulties inherent in modeling a pandemic. In nutshell, lots of potential variables (not all of which are necessarily relevant in all contexts), and not enough data to populate those variables. Ergo the predictions arising from those models may be... Continue reading

Posted Apr 16, 2020 at America-Israel Patent Law

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Variations in tunes – Israel Versus USA

One of the things I noticed after some time davening in Israel is that the way some tunes are sung in Israel is a bit different from the way I learned them growing up in the USA. That’s not to say that these variations necessarily originated in Israel – I... Continue reading

Posted Apr 12, 2020 at Bastardized Carlebach

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On Living in Chelm and The Hiding of Ulterior Motives

Today is the eve of Passover, making this a short work week here in Israel, for those of us fortunate enough to still be working during this COVID-19 thing – a full 25% of working age Israeli adults sought unemployment compensation in the past week. Nevertheless, for those who have... Continue reading

Posted Apr 8, 2020 at America-Israel Patent Law

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Who Has Skin In The Patent Translation Game?

Maria Eliseeva is a patent attorney in Massachusetts who practices before the patent offices of both the USA and Russia. Being a bilingual practitioner, she is acutely aware of the issues that can arise a result of a poorly-translated patent applications. She has now written an article some of the... Continue reading

Posted Apr 7, 2020 at America-Israel Patent Law

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USPTO Announces Some Additional Extensions Available; Practitioners Cry, "Oy Vey!"

Yesterday the USPTO announced that, in the wake of Congress granting the Commissioner additional powers as part of its COVID-19 response bill, the PTO would grant extensions of some deadlines. The patent announcement is here and the TM announcement is here. For a comprehensive discussion, see Don Zuhn's write-up at... Continue reading

Posted Apr 1, 2020 at America-Israel Patent Law

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Israel PTO Issues Clarification About Work During Coronavirus Shut-Down

As if life weren't exciting enough these days, the ILPTO issued a clarification (in both Hebrew and in English) to its earlier announcement about work arrangements during the coronavirus shut-down: since the statute imposes a 90-day limit to record a pledge against a patent, the ILPTO will continue to process... Continue reading

Posted Mar 27, 2020 at America-Israel Patent Law

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Abbvie To Suspend Enforcement of Kaletra Patents (Maybe); Probably Unrelated to Israel

After last week's fanfare (in Israel, anyway) about the Israeli government exercising rights under section 104 of the patent statute to allow importation of a generic of Abbvie's Kaletra tablets, this week reports are surfacing that Abbvie is suspending enforcement of its Kaletra patents worldwide, or possibly waiving its rights... Continue reading

Posted Mar 25, 2020 at America-Israel Patent Law

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English Translation of Israel PTO Notice About Work Arrangements Under Coronovirus Shut Now Available

Further to yesterday's blog post, today the ILPTO published an English translation of its notice about work arrangements during the Coronavirus shutdown. Update March 27: the ILPTO published a further clarification on March 25. English version here. If you're recording a pledge against a patent, the 90-day limit to do... Continue reading

Posted Mar 24, 2020 at America-Israel Patent Law

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Updates from Israel PTO Re: Work During Coronavirus Shut-Down

On Saturday night, March 21, the Israel cabinet agreed to reduce the number of public sector employees still working. Yesterday, March 22, the Israel PTO published a four-page explanation of how it is implementing this decision, which remains in effect until May 1, 2020 or until the ILPTO publishes a... Continue reading

Posted Mar 23, 2020 at America-Israel Patent Law

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A Few More Thoughts On Israel’s Exercising Its Right to Exploit Abbvie’s Patents

As I mentioned yesterday, the Minister of Health signed an order this week allowing the state to import generic Kaletra (a combination of lopinavir and ritonavir) to be used, potentially, against COVID-19. I’d like to share two observations about this. The first is that, despite the increasingly strict isolation measures... Continue reading

Posted Mar 20, 2020 at America-Israel Patent Law

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Israel Makes First Use of Statutory Provision Allowing Patent Infringement By State

The Israel Patent Statute was enacted in 1967. Despite being amended several times since then, most recently in 2012, it has always contained two provisions to enable third parties to exploit a patent against the patentee’s wishes. One way, set forth in sections 116-128 of the statute, is via compulsory... Continue reading

Posted Mar 19, 2020 at America-Israel Patent Law

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Enough With These "Coronavirus" Emails!

I've lost track of the number of emails I've received from law firms around the world, letting me know that they're still operating despite the coronavirus, and informing me of the steps they're taking to protect the health of their employees and their clients. Guys, unless your firm consists entirely... Continue reading

Posted Mar 17, 2020 at America-Israel Patent Law

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Purim Post, 5770 (2020)

This has nothing to do with patents. I suppose it's IP-related in that, with regard to copyright, this is an example of parody and/or fair use. But since the coronavirus scare is affecting everyone in Israel (they just announced that EVERYONE who enters the country, no matter from where, has... Continue reading

Posted Mar 9, 2020 at America-Israel Patent Law

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Goodbye, Old RV

In what was one of my father’s few extravagances in life – and I think the only one that was publicly visible – in the early 1980’s he bought a used Fleetwood Pace Arrow motor home. We took a few family trips in it, but its primary use for about... Continue reading

Posted Feb 24, 2020 at America-Israel Patent Law

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When Is Unauthorized Use Of A Team Logo Not Trademark Infringement?

Trademarks are not a regular part of my practice, but I don’t think there’s a patent practitioner out there who isn’t at least a bit sensitive to trademark issues. US-based sports leagues are famous (or notorious, depending on your perspective) for enforcing the marks in their teams’ logos. The NFL... Continue reading

Posted Feb 21, 2020 at America-Israel Patent Law

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Follow-Up Post: Israel PTO Tightens Criteria For Invoking “Overlap” Between Applicant’s Own Applications

We reported last month on one of the proposed changes in the ILPTO’s examination guidelines, viz. the proposal to stop rejecting applications having claims that “overlap” with claims of an applicant’s own granted patent or pending application, provided the two filings had the same filing date. On February 10, as... Continue reading

Posted Feb 11, 2020 at America-Israel Patent Law

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ILPTO Proposes to Stop Rejecting Divisional Applications for “Overlap” with Parent Cases

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

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Google Translate Strikes Again

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

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