- TABLE OF CONTENTS
- Chapter One Interpretation
- Chapter Two Patentability
- Chapter Three Procedure of Granting Patent
- Chapter Three “A” International Applications
- Chapter Four The Patent, its Modification and Cancellation
- Article One Rights That Derive from a Patent
- Article Two Effect is Conditional on Payment of Fees
- Article Two “A” Extension of Period of Protection
- Article Three Amendment of Patent
- Article Four Cancellation or Revocation of Patent on Patent Holder’s Application
- Article Five Cancellation of Patent on Applicationby Person who is not the Patent Holder
- Chapter Five Ownership of Patents
- Chapter Six Powers of the State
- Chapter Seven Restriction or Cancellationof Patent Holder’s Rights in the Public Interest
- Chapter Eight Service Inventions
- Chapter Nine Patent Attorneys
- Chapter Ten Office and Registrar
- Chapter Eleven Infringement of Patent
- Chapter Twelve Jurisdiction and Penalties
- Chapter Thirteen Implementation and Regulations
- Chapter Fourteen Effect and Transitional Provisions
- Schedule (Section 142)
Chapter One: Chapter Two: Chapter Three: Article One: Article Two: Article Three: Article Four: Article Five: Chapter Three “A”: Chapter Four: Article One: Article Two: Article Two “A”: Article Three: Article Four:
Article Five:
Chapter Five: Chapter Six: Article One: Article Two: Article Three: Article Four:
Article Five: Chapter Seven:
Article One: Article Two: Chapter Eight: Chapter Nine: Chapter Ten: Chapter Eleven: Chapter Twelve: Chapter Thirteen: Chapter Fourteen:
[Definitions]
1. In this Law—
Patents Law 5727—1967
TABLE OF CONTENTS
Interpretation................................................................. Chapter One Interpretation
Articles
1 11-16 49-55 73-73A
73B-75 94-98 107-111 116-128 “examiner”—a person appointed under Law to be a Patent Examiner or a Chief Examiner or the Superintendent of Examiners;
“owner of an invention”—the inventor himself or persons who derive title under him, being entitled to the invention by operation of Law, by transfer or by agreement;
“patent holder”—the person registered in the Register as the person to whom a patent was granted or to whom ownership of a patent has passed;
“Office”—the Patent Office said in Chapter Ten;
“Convention State”—a member state of the Union for the Protection of Industrial Property, by virtue of the Paris Convention for the Protection of Industrial Property, or a group of Convention States who maintain a joint system for the submission of patent applications, including territories to which the Convention was made applicable by virtue of powers granted for this purpose by the Convention;
“exploitation of an invention”— but exclusive of any of the following:
(1) an act that is not on a commercial scale and is not commercial in character;
(2) an experimental act in connection with the invention, the objective of which is to improve the invention or to develop another invention;
(3) an act performed under the provisions of section 54A.
“patent attorney”—a person registered in the Register of Patent Attorneys who holds a patent attorney’s license;
“Register”—the Register of Patents kept under the provisions of section 166;
“Registrar”—the person appointed Registrar of Patents under section 157, including— subject to the provisions of section 158—a Deputy Registrar;
“application date”—the date on which the patent application was submitted, as prescribed for that purpose in section 15, unless a different date is prescribed by or under this Law.
[Right to apply for a patent]
2. The owner of a patentable invention is entitled under the provisions of this Law to apply that a patent be granted him for it.
[What constitutes a patentable invention]
3. An invention, whether a product or a process, which is new and useful, can be used in industry or agriculture, and which involves an inventive step, is a patentable invention.
[What is a new invention]
4. An invention is deemed new if it was not published, in Israel or abroad, before the application date— [What is an inventive step]
5. An inventive step is a step which does not, to an average skilled person, appear obvious in the light of information published before the application date in ways said in section 4.
[Publications not affecting right of owner of invention]
6. The right of the owner of an invention to be granted a patent shall not be affected by publication said in section 4— (ii) publication of a description of the invention at the time of a said exhibition;
(iii) use of the invention for the purposes of the exhibition and at the place of the exhibition; [Restriction on granting of patents]
7. Notwithstanding the provisions of section 2, no patent shall be granted for—
(1) a method of therapeutic treatment on the human body;
(2) new varieties of plants or animals, except microbiological organisms not derived from nature.
[Patent to be for one invention]
8. A patent shall be granted for a single invention only.
[First application has better right]
9. If more than one applicant applied for a patent for the same invention, then the patent shall be granted the one who first validly applied for it.
Patentability ..................................................................
Procedure of Granting Patent
Patent Application.........................................................
Examination and Acceptance of Application ................
Opposition to Grant of Patent........................................
Grant of Patent ..............................................................
Patent of Addition .........................................................
International Applications.............................................
The Patent, its Modification and Cancellation
Rights That Derive from a Patent..................................
Effect is Conditional on Payment of Fees .....................
Extension of Period of Protection .................................
Amendment of Patent....................................................
Cancellation or Revocation of Patent on Patent
Holder’s Application.....................................................
Cancellation of Patent on Application by Person who
is not the Patent Holder.................................................
Ownership of Patents ....................................................
Powers of the State
Powers Required for National Defense .........................
Powers of Inventions that Relate to Nuclear Energy.....
Use of Inventions in the Interest of the State.................
Obligation of State to Pay Compensation and
Royalties .......................................................................
General Provisions ........................................................
Restriction or Cancellation of Patent Holder’s Rights
in the Public Interest
Compulsory Licenses....................................................
Cancellation of Patents in the Public Interest................
Service Inventions.........................................................
Patent Attorneys............................................................
Office and Registrar......................................................
Infringement of Patent ..................................................
Jurisdiction and Penalties..............................................
Implementation and Regulations...................................
Effect and Transitional Provisions ................................
2-10
17-29
30-34
35-43
44-48
48A-48H
56-64
64A-64P
65-72
76-93
99-103
104-106
112-115
129-130
131-141
142-155
156-177
178-187A
188-193
194
195-196
Chapter Two
Patentability