1 April 2010Jurisdiction reportsMichael Factor

Amendments and reamendments

Draconian disclosure directive

A recent Israel Patent Office Circular, which will take effect in June 2010, details new requirements designed to increase productivity, minimise duplication of resources and shorten the examination process.

Applicants will be required to submit a copy of all responses relating to novelty and inventive step submitted in corresponding applications in other jurisdictions, in addition to the current requirements for information.

Applicants may also provide copies of claim amendments submitted to overcome prior art rejections elsewhere and must explain how the amendments overcome these objections in order to satisfy duty of disclosure requirements. Applicants will also have to reference all known prior art directly relevant to the invention.

Excess claim fees

In December 2009, the Knesset’s Constitution, Law and Justice Committee decided to issue a surcharge of NIS500 ($133) for each claim beyond the first 50. Failure to pay will delay examination. The amendment comes into effect immediately, and covers all new applications and Patent Cooperation Treaty national phase entries.

Two claims per category In a further circular, the commissioner of patents decreed that a patent application may include up to two independent claims in each of the following categories:

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