Patents

We provide personal and professional guidance to entrepreneurs, high-tech companies and inventors from the first stages of formulating the idea for a patent through building a strategy that matches the customer's needs and later drafting and filing the patent in different countries according to the strategic plan. Our services include maintenance   of the patent as well as enforcement-related proceedings as a result of granted patent infringement.

Our firm has direct and immediate contact with the world's leading patent law firms in the US, Europe, China, Japan, India and other countries. .

Among our clients are international and local companies as well as academic institutions in the field of high-tech, such as communications, engineering, automotive and electronics companies.

Drafting patents by professionals!

The field of patents is a very complex. It requires knowledge that combines accurate wording, high-level English, technical and professional understanding and legal knowledge. Moreover, in recent years the field of patents has become even more complex and challenging and accordingly  patent attorneys skills must include in-depth understanding of patent laws, case law and technology.

A patent application prepared by an inexperienced patent attorney may jeopardize the technology monopoly. A patent application drafting  that passes from hand to hand may fall between the chairs and be incompletely and professionally prepared. In addition, a large number of hands responsible for a single patent  is a waste of valuable time and cause unnecessary financial expenses.

Our office services in the field of patents include:

 Initial advice regarding the patentability of the invention for registration as a patent

 Preliminary search and analysis of search results

 Building a personal strategy that matches the customer's needs

 Drafting patent applications and filing patents worldwide and prosecuting applications until a patent is granted in each country.

 Accompanying opposition proceedings and revoking patents in Israel and abroad.

 Assisting clients to conduct complex legal proceedings abroad.

 IP Due Diligence.

 Filing patent applications in Israel and abroad

 Conducting proceedings with the Patent Registrar

 Management of patent infringement claims

 Legal advice and guidance prior to negotiations with investors

 Develop a legal strategy for preserving the intellectual property of a business

The importance of patents

Patents provide protective value, which prevents existing or potential competitors from imitating or copying the invention. Beyond the defensive and legal importance, patents have valuable business importance. 

Drafting patent applications

The quality of the patent application is a guarantee for a strong and significant patent that will strengthen and increase the value of the company that owns the patent.

We personally and closely accompany the inventor or the company in filing a patent at all stages of a patent application prosecution. Our services include guidance and assistance in the early stages of defining the invention and analyzing the existing knowledge related to the invention so the invention meets the various legal requirements such as innovation and inventive step. Additionally, Patent filing is measured and considered with respect to the business strategy of the inventor or company and in accordance with a pre-defined budget.

Filing patent applications in Israel and around the world

Filing and handling patent applications worldwide, such as USA Europe China Japan and Israel and also filing a PCT patent (international patent filing). The patent. Our service includes advice and guidance in all stages of filing till the patent is issued with a pre-determined patent strategy to avoid unnecessary expenses in the patent filing process.

What is a patent?

A registered patent is a legal right that allows the patent owner to prevent others from using the invention he invented. Beyond the legal definition, patent registration gives its owner an advantage and technological and business value over existing and potential competitors.

Why should I invest in a patent registration?

The process of developing a technological product is expensive and lengthy process. An entrepreneur, company or individual inventor invests their money and time in building and developing a product. A company that has developed an innovative product and enters the market and immediately unveils the product and / or sells the product without a patent protection risk and allow any competing person or company to copy and sell the product without much investment. The company that did not file the patent loses a technological advantage but moreover the company will also lose a business advantage over its competitors.

The world belongs to innovators!

Successful high-tech companies today are measured by their level of innovation. The slogans "Innovative" or "Innovation" are mentioned today everywhere on every stage, on social networks, in technology conferences, and in the local and global general media. How do you actually measure innovation? What makes one company more "innovative" than another? 

One of the indicators for a company innovation  level is determined by the quantity and quality of its intellectual property of the company.

As the legal definition of a patentable invention only to an invention that meets the requirements of section 3 of the Patent Law ( i.e. innovation and inventive step -in other words that an invention has not been published before and the invention has progress that does not seem obvious to a person skilled in the art based on the information already published (section 5 of the Patent Law)) means that the company's technology or the knowledge it develops is unique and does not exist elsewhere, and hence it is likely that the company is a leader in its field. If the company holds many goldmine patents it must be concluded that it has a significant technological advantage, and if the technology it has developed will be adopted by the market there will be far-reaching business significance advantage of the company.

The rationale behind "patents"?

The registration of a patent constitutes a kind of agreement or "unwritten transaction" between the patent owner "the inventor" and the country in which the patent was registered. In accordance with this agreement, the inventor receives a exclusivity (monopoly) for a limited time (for example, in the case of a patent 20 years from the date of filing the patent) which includes the right to prevent others from producing and / or selling the product or method he developed. In return the inventor reveals to the world how and how to produce the invention he invented, so that whoever reads the patent knows how to realize the technological development that has been invented. The central goal of the patent registration system is to encourage research and scientific development, and to contribute to the advancement of all mankind.

In other words, in exchange for revealing the secret of his invention the world grants the inventor exclusivity. There is no doubt that a world without patents would have caused developers and inventors to hide the technological innovations they invented, for fear that they would be copied and stolen by their competitors without any investment on their part. The preventive right (registered patent) allows the inventor to benefit directly by producing and marketing the product himself or using the process he invented himself, or indirectly by checking his rights to whoever he sees fit in exchange for an agreed payment or royalties from the profits.

Which inventions are eligible for patent registration?

From the rationale described above derives worldwide patent laws that include, among other things, the conditions of patentable invention.

For example, according to section 3 of the Israeli Patent Law, an invention that is patentable is: an invention, whether it is a product or a process in any technological field, that is new, useful, andcan be used industrially and has inventive step. "

In simple and less legal terms, the law sets out 3 main requirements:

1. The idea can be applied (it has a benefit) b. The new idea (not previously published) c. There is an inventive step in the idea - that is, it is not obvious to an expert in the field in which the idea deals.

The three requirements of defining what is eligible to be registered as a patent and additional laws stem from the rationale described above.

This is because for example the basis of the agreement stems from the state's desire to enrich the knowledge and technological progress, therefore the monopoly can only be given to developments - that is, patent applications, which will indeed contribute and enrich the knowledge. The legislature has determined that developments that are beneficial inventions can be used industrially and that inventive progress does indeed contribute and are required for advanced developments and only they will give developers a monopoly.

That is, if the invention has been published it is already known to the world and therefore does not provide anything that was not known before and therefore the invention is not worthy of registration as a patent.

In addition, since the agreement is between the inventor and the state, the protection is given only where the patent is registered. That is, if the inventor filed the patent in Israel and not in China, the inventor will be able to prevent people from using his product which is protected by the patent only where he registered it, i.e. in Israel and not in China. 

The main steps in the process of filing and obtaining a patent?

Choosing a suitable patent attorney - Patents are registered in a wide range of fields - engineering, computers, medical equipment, biology and many other fields. It is important to choose a patent attorney who knows the technology of your invention. A patent attorney who has already filed patents in your field of invention has a great advantage. In addition, it is very important to choose a patent attorney who has undergone appropriate training and has a patent attorney certificate, which indicates that he knows the patent laws, and the patent he drafts will later meet the requirements of the law.

Initial conversation and meeting with the patent attorney - A patent attorney should be an expert in his field, but usually the expert who knows all details related to the invention is the inventor himself. It is recommended in the first meeting with the patent attorney to be prepared with complete description of the invention. How detailed? It is recommended to prepare a description of an invention so that a person who is an expert in the field of invention can realize, what the invention is about, and generate the product on the basis of the description. Also, if the inventor performed an initial search, the search results must be included, and it is very worthwhile to include in the search results inventions which the inventor knows already about (previous articles or patents) and why he this these prior inventions are not related to his invention.

Building a strategy for the inventor / patented company - After the patent attorney reviewed  the material which includes a a description of the invention the patent attorney will be able to provide an initial assessment of whether it is possible and worthwhile to file a patent application based on the invention. The patent attorney takes into account a variety of considerations in the decision, including whether the invention in the field can be registered as a patent / whether it is innovative / whether there is an inventive step / whether it is better to keep the invention a trade secret etc. If it is decided to file the invention as a patent, an overall submission strategy must be developed within which framework to submit the invention, i.e. whether to submit the invention as a US provisional application or as a full application. It should also be discussed whether to file the invention in fast track procedure in order to get a registered patent application as soon as possible.

Drafting the patent application - Based on the information provided to the patent attorney and the search results, the patent attorney prepares and edits the patent application. The patent application includes a full description of the invention that meets the requirements of the law. Thus, for example, the patent attorney must describe the invention so that a professional in the field can implement the invention in accordance with the description. The patent is prepared in full cooperation and a partner update of the inventor.

Filing of the Invention - After the invention has been approved by the inventor for filing, and in accordance with the pre-determined filing strategy, the patent application is filed in the countries where it has been decided to file the patent. The filing includes contracting with a local patent attorney's office through which the patent application is registered and fees are paid in the country where the patent was filed.

Examination of the invention- the patent application is not examined immediately but rather after a certain period. The time until the application is examined varies from country to country and ranges from one to 3 years. The patent is examined by an examiner in the country where the patent was filed which checks whether the patent application meets the formal and substantive requirements of the patent laws of the country where the patent was filed. The formal examination includes whether all the required documents and parts have been filed in the patent application, for example standard drawings, power of attorney with required, etc. The substantive test includes a triple test of whether the invention is innovative (novelty), has an inventive step and can be applied in industry (utility). An examination report (Office Action report) dealing with the formal and substantive procedures is sent to the patent attorney and includes relevant citations of patents and articles published prior to filing the patent application and the patent attorney must respond to the exam report according to a pre-determined time frame. According to the exam report it is sometimes necessary to change the part of the claims that define the invention, this process is done of course in collaboration with the inventor and his opinion. The examination process can take a long time, with the parties exchanging reports and answers that include citations from the patent, examiner of patent-related material and answers from the patent attorney as to why the citations are irrelevant due to changes made in the patent application claims.

Patent issuance - When the patent examiner decides that the answer received meets the requirements for obtaining the patent, a certificate of acceptance of the patent application is sent. After receiving notification of the patent acceptance, the acceptance fees must be paid and the patent application receives a registered patent number and the patent is published. In Israel the patent application is published before a patent is granted (however after the examiner has decided to grant a patent). The time that elapses between the initial submission and the end of the exam ranges on average from two to five years in various countries.

Renewal fee - in general, a patent allows the invention to be protected for up to 20 years from the date of filing the application. In order to keep the patent valid during the period, a patent renewal fee must be paid. In some countries like Europe e a periodic fee is required even at the stage where the patent has not yet been registered (after the application has been filed), in other countries like USA a renewal fee is required only after the patent is received.