A Patent grants the patent holder monopoly rights to make exclusive use of the patented invention. In August Storck Case [CA 11487/03 August Storck v. Alpha Intuit Food Products, (published in Nevo) (2008)] , the Supreme Court’s further stated that:
“The protection given to a patent is a limited time monopolistic protection. The owner of the patent is allowed to prevent others from using the patent without their permission or illegally”.
Article 49(a) of the Patent Law, 1967 states that:
“A patent holder is entitled to prevent any other person from exploiting the invention for which the patent has been granted without his permission or unlawfully, either in the manner defined in the claims or in a similar manner which – in the light of what is defined by those claims – involves the essence of the invention which is the subject matter of the patent”.
The term “use of an invention” is explained in Section 1 of the Israeli Patents Act:
“(1) in respect of an invention that is a product – any act that is one of the following: production, use, offer for sale, sale or import for purposes of one of the said acts;
(2) in respect of an invention that is a process – use of the process, and in respect of a product directly derived from the process – any act that is one of the following: production, use, offer for sale, sale, or import for purposes of one of the said acts”.
A commentary to this section was given in the Zhori & Sons Industries case [CA 7614/96 Zhori & Sons Industries v. Regba Agricultural Community, (published in Nevo) (2000)], where the court ruled that the:
“right to use an invention is not an absolute right, the protection given to the owner of the patent is not unlimited, and the establishing of its boundaries is a matter for purposive interpretation, bound also by considering the balance between several opposing values: the general public’s freedom of occupation that the monopoly given for patents might limit; the patent owner’s property right to harvest the fruit of their labor and investment and the public’s interest in encouraging incentives for the creators of new ideas”.