The Patent Office has issued a notice of intent to create a provisional patent application filing track, similar to a provisional application in the United States. The authority published a survey and asked for an input from the public. In addition, 3 public meetings were held on June 28, July 14 and 19, 2020.
As part of the publication, few details were provided about the proposed arrangement. It was noted that the provisional application will support a priority application if a utility patent application is subsequently filed. It seems that the intention of the Patent Office is that the Israeli provisional application will support a patent life of 20 years from the date of filing of the utility patent application – similar to the provisional application in the United States. It was noted that the regular continuation application would constitute a “supplement” to the provisional patent application, but it is not clear from the text what is meant by “completion”. It is also unclear what the Israeli provisional application will add to the features of the US provisional.
It seems that this initiative by the Patent Office reflects the vision of the heads of the Patent Office, as presented, for example, by the head of the Patent Office at the Patent Attorneys Conference in December 2019, according to which it is desired to expand the utilization of intellectual property rights in Israel. In this context, there may be important aspects of the existing arrangement (US provisional) or matters unique to Israel, which, if resolved, will improve the ability of Israeli applicants to exercise their rights and assist them in their business.
The position of the patent attorneys was presented today at the in-depth meeting held by the Patent Office on the subject of an Israeli temporary application.
The material was prepared on the basis of the answers provided by the patent attorneys as well as on the basis of consultation with American patent attorneys who are members of AIPLA.
The meeting was attended by the Registrar of Patents, the Deputy Registrar of Patents, other officials in the Patent Office and the Ministry of Justice/Counsel and Legislation, as well as about 50 participants mainly patent attorneys and IP managers.