In the past, Patents in Israel were governed by the provisions of the Patents and Designs Ordinance.
Today, the following enactments are in effect:
• Patents Act of 1967;
• Patent Regulations (Extension of Period of Protection-Procedures for Application for an Order, for Opposition to an Order and for Application for Cancellation), 2014;
• Patents Regulations (Authority procedures, rules of procedure, documents and fees), 1968;
• Patent Regulations (Application of the Patent Cooperation Treaty) (Amendment No. 2), 2012.
Additionally, Israel is party to the Patent Cooperation Treaty, commonly known as the PCT. The Israeli Patents act was amended accordingly to accommodate the provisions of the treaty.
In this chapter we will describe the main Patent related issues in the Israeli legislation and case law.
Patents are granted for inventions that are products or processes in any technological field. For example, mechanical devices, computerized systems, pharmaceuticals, etc.
Article 3 of Patents Law, 1967 states as follows:
“An invention, whether a product or a process in any field of technology, which is new and useful, can be used industrially and involves an inventive step, is a patentable invention”.
Various abstract ideas, such as business methods, algorithms, computer software, etc., which comprise a succession of mental steps, are not inherently patentable, but, as will be described herein, may be part of a system that meets the patentability criteria of the Patents act .