1 May 2011PatentsMoshe Tritel

Practice points in Israel patent prosecution: selection patents and treatment of earlier-filed patent applications

Earlier-filed patent applications

In contrast to classical prior art publications, which are published prior to the effective filing date of a patent application, earlier-filed patent applications, though unpublished at the effective filing date of a patent application, can be cited as prior art in some jurisdictions. The Israel Patent Office relates to earlier-filed applications slightly differently from either the European or US patent offices.

Selection patents

These constitute a special class of patents and patent applications with regard to their treatment by Israel patent examiners. While selection patents can occur in various fields, they are most often found among chemical and pharmaceutical patents.

Patents of addition

These are unique to Israel patent practice.

Treatment of earlier-filed patent applications

Understanding of this topic requires familiarity with Sections 2, 4, 5 and 9 of Israel Patent Law:

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