WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIIISRIP 11 
14 March 2000 
(00-0997) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ISRAEL 
The present document reproduces the textl of the Patents Law, 5727-1967, as notified by 
Israel under Article 63.2 of the Agreement (see document IP/NIlIISRlI). 
CODseil des aspects des droits de propriete 
iDtellectuelle qui toucheDt au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AV TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ISRAEL 
Le present document contient le textel de la Loi 5727-1967 sur 1es brevets, notifiee par Israel 
au titre de l'article 63:2 de I'Accord (voir le document IP/N/IIISRlI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTVAL NOTIFICADOS EN VIRTUD DEL P ARRAFo 2 
DEL ARTicULO 63 DEL ACUERDO 
ISRAEL 
En el presente documento se reproduce el textol de la Ley de patentes, 5727-1967, notificada 
por Israel en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/ISRll). 
1 English only.lAnglais seulement.fEn ingles solamente. IP/N/lIISRlPIl 
Page 2 
PATENTS LAW 5727-1967 
CHAPTER ONE: INTERPRETATION 
Definitions 
1. In this Law· 
"examiner' • a person appointed under Law to be a Patent Examiner or a Chief 
Examiner or the Superintendent of Examiners; 
"owner of an invention" • the inventor himself or persons who derive title under him, 
being entitled to the invention by operation of Law, by transfer or by agreement; 
"patent holder" -the. person registered in the Register as the person to whom a patent 
was gra.nted or to whom ownership of a patent ha::;" passed; 
"Office" .' the Patent Office said in Chapter Ten; 
"Convention State" -a member state of the Union for the Protection of Industrial 
Property, by virtue of the Paris Convention for the Protection of Industrial Property, 
or a group of Convention States who maintain a joint system for the submission of 
patent applications, including territories to which the Convention was made applicable 
by virtue of powers granted for this purpose by the Convention; 
"exploitation of an invention" • 
(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; 
but exclusive of any of the following: 
(1) an act that is not on a commercial scale and is not commercial in char:\cter; 
(2) an experimental act in connection with the invention, the objective of which is 
to improve the invention or to develop another invention; 
(3) an act performed under the provisions of section 54A. 
"patent attorney" -a person registered in the Register of Patent Attorneys who holds 
a patent attorney's license; 
"Register" • the Register of Patents kept under the provisions of section 166; 
"Registrar" -the person appointed Registrar of Patents under section 157, including. 
subject to the provisions of section 158 -a Deputy Registrar; 
, "application date" -the date on which the patent application was submitted, as 
prescribed for that purpose in section 15, unless a different date is prescribed by or 
under this Law. CHAPTER TWO: PATENTABILITY 
Right to apply for a patent IP /NI 111 S RIP /1 
Page 3 
2. The owner of a patentable invention is entitled under the provisions of this Law to 
apply that a patent be granted him for it. 
'\-Yhat constitutes a patentable invention 
3. An invention, whether a product or a process, which is new and useful, eau be used 
in industry or agriculture, and which involves an inventive step, is a patentable 
invention. 
What is a new invention 
4. An invention is deemed new if it was not published, in Israel or abroad, before the 
application date -
(1) by written, visual, audible or any other description, in a manner that enables 
a skilled person to make it according to the particulars of the description; 
(2) by exploitation or exhibition, in a manner that enables a skilled person to make 
it according to the particulars thus made known. . 
'Yhat is an inventive step 
5. An inventive step is a step which does not, to an average skilled person, appear 
obvious in the light of information published before the application date in ways said 
in section 4. 
Publications not affecting right of owner of invention 
6. The right of the owner of an invention to be granted a patent shall not be affected by 
publication said in section 4 -
(1) if it is proved that the matter published was obtained from him the owner of 
the invention or his predecessor in title and was published without his consent, 
and if the patent application was filed within a reasonable time after the 
publication became known to the applicant; or 
(2) (a) the publication was by the owner of the invention or his predecessor in 
title in one of the following ways: 
Ci) display at an industrial or agricultural exhibition in Israel or at a 
recognized exhibition in one of the Convention States, of which 
official notice was given to the Registrar ~fore its opening; 
(ii) publication of a description of the invention at the time of a said 
exhibition; 
(iii) use of the invention for the purposes of the exhibition and at the 
place of the exhibition; . 
(b) the publication was by use of the invention, even \~thout its owners' 
consent, at the time of the exhibition, at the place of the exhibition or 
o"Utside it, . 
on condition that the patent :J.pplication was submitted within sb< months after 
the exhibition opened; 
(3) publication was by \vay of a lecture by the inventor before a scientific society 
or by publication of the lecture in official transactions of the !:cciety, cn 
condition that the Registrar was given notice of the lecture before it was 
delivered and that the patent application is Iiled within six months after the 
aforesaid publication. IP/N/1/ISRlPIl 
Page 4 
Restriction on granting of patents 
7. Notwithstanding the provisions of section 2, no patent shall be granted for· 
(1) a method of therapeutic treatment on the human body; 
(2) new varieties of plants or animals, except microbiological organisms not derived 
from nature. 
Patent to be for one invention 
8. A patent shall be granted for a single invention only. 
First application has better right 
9. If more than one applicant applied for a patent for the same invention, then the 
patent shall be granted the one who first validly applied for it. 
Priority right. 
10. (a) If the owner of an invention submitted an application for a patent in Israel for 
an invention for which he or his predecessor in title already submitted a 
previous application for a patent in Israel or in one of the Convention States 
(hereafter: previous application), then he may request that, for the purposes 
of sections 4,5 and 9, the date of the previous application be deemed the date 
of the application filed in Israel (hereafter: priority right), if all the following 
conditions are met: 
(1) the application in Israel is submitted within 12 months after the previous 
application was submitted; if more than one previous application was 
submitted on the same matter -after the date on which the earliest of 
them was submitted; 
(2) the claim for priority right is made not later than two months after 
submission of the c:pplication in Israel; 
(3) a copy of the specification submitted with the previous application and 
of the drawings that accompanied it, the specification being certified by 
a competent authority in the Con.vention State in which the previous 
application was submitted, is submitted to the Registrar at the time 
prescribed in regulations; 
(4) it appears to the Registrar that the invention described in the previous 
, application and the invention for which a patent is sought in Israel are 
essentially the same. 
(b) If the claim for a priority right is based on more than one previous application, 
and a priority right is claimed on the basis of each of those applications, then 
the provisions of subsection (a) shall apply to each part of the invention 
according to the date of the earliest previous application that relates to that 
part. 
(c) If the claim for a priority right is based on part of a previous application, then 
the provisions of subsection (a) shall apply as if that part had been claimed 
abroad in a separate previous application. 
(d) A priority right may be claimeu in respect of part of a patent application, and 
the provisions of subsection (a) shall thereupon apply to that part only. CHAPTER THREE: PROCEDURE OF GRANTING PATENT 
Article One: Patent Application IP/N/lIISRlP/l 
Page 5 
Submission of patent application 
11. (a) A patent application shall be submitted to the Office in the prescribed manner 
and form, together with the prescribed fee, and it shall include the name of the 
applicant, an address in Israel for the service of documents and a specification 
of the invention. 
(b) If the applicant is a person other than the inventor, then he shall state in the 
application how he came to be the owner of the invention. 
Specification 
12. (a) The specification shall include a title by which the invention can be identified, 
its description with drawings that may be necessary, and also a description of 
the manner in which the invention can be performed, enabling a skilled person 
to perform it. 
(b) For purposes of subsection (a), if the subject of the invention is a biological 
material or a process for the production of a biological material or an 
invention that involves the use of a biological material, and if the biological 
material was deposited with a deposit institution, then part of the description 
of the invention or of the manner of its performance may consist of referral to 
that deposit, all in a manner and on conditions to be prescribed by the 
Minister of Justice with approval by the Knesset Constitution, Law and Justice 
Committee. 
For purposes of this section -
"biological material" - a biological material not easily available to the public, which 
cannot be described in a manner that will enable a skilled person to perform the 
invention, on condition that the biological material can be duplicated or reproduced, 
either:. indep~ndently Dr in a host animal or plant cell; 
"deposit institution" -an institution recognized as an international deposit authority 
under section 7 of the Budapest Convention, or an institution which the Registrar 
recognized fot purposes of this section, notice thereof having been published in 
Reshumot; 
"Budapest Convention" -the Budapest Convention for the International Recognition 
of Living Matter for Patent Proceedings, signed on April 28, 1977, as amended on 
September 26, 1980; the Convention is available in the Office for inspection by the 
public. 
Claims 
13. (a) 
(b) The specitications shall end with a claim or claims that define the invention, 
on condition that each said claim reasonably arise out of the subject described 
in the specification. 
It is permissible to' express in the cbim any of the bnsic elements of the 
invention as a means or a step for the performance of a certain act, and it is 
not necessary to specify the structure, the material or the acts required for the 
performance of that act;:'a claim expressed as aforesaid shall be deemed to 
include particulars of the relevant structure, material or acts, as described in 
the specific:ltions. IP/N/1/ISRlP/l 
Page 6 
Acknowledgment of submission 
14. When an application has been submitted in the prescribed manner, the Registrar 
shall, as soon as possible, confirm to the applicant the fact and date of its submission. 
Application date 
15. The date of the patent application shall be the time when it was first submitted to the 
Office, even if it was defective in form; however, if on the face of it no invention is 
described in it or if the name of the applicant is not stated or the fee payable for 
submitting the application has not been paid, then the application date shall be the 
time when the said requirements are met. 
Public notice that application was submitted 
16. (a) As soon as possible after the .application was submitted to the Office, the 
Registrar shall, at the applicant's expense, publish in Reshumot the name of 
the invention for which the patent is applied for, the name of the applicant and 
the application date, and -if a priority is claimed -the name of the Convention 
State in which the previous application was submitted, the date when it was 
submitted and its number or other identifying mark given it .by the authority to 
\vhich it was submitted, and also other particulars prescribed by the Minister 
of Justice with approval by the Knesset Constitution, Law and Justice 
Committee .. 
(b) If an application for priority right was submitted after the fact of the 
application already has been published under subsection (a), the fact of the 
application shall be published again, at the applicant's expense, together with 
the additional particulars. 
(c) The Minister of Justice shall, by order, prescribe the date when this section 
goes into effect. 
Article Two: Examination .and Acceptance of Application 
Acceptance of application 
17. (a) The Registrar or an examiner shall examine whether the application meets all 
the following conditions: 
(1) the invention in it is patentable within the meaning of Chapter Two; 
(2) the applieation complies with the provisions of Article One of this 
Chapter; 
(3) the applicant paid the publication expenses under section 26. 
(a1) The examiner shall accept the application of he is satisfied that the conditions 
of this section have been met; when he has accepted the application, he shall 
so notify the applicant; the notice shall state the acceptance date. 
(b) Notwithstanding the provisions of subsection (a)(l), no examination shall be 
necessary if the invention is unpatentable by virtue of section 4(2). 
(c) If the conditions specified below are met by an application, then it shall be 
dee;ned to have complied with the provisions of section 4, 5, 8, 12 and 13: 
(1) the applicant submitted a patent application on the same invention (in 
this section: parallel application) and received a patent in a state, the 
name of which appears in the list published by the Registrar in 
Reshumot (in this section: parallel patent), and all the following hold 
true: IP /Nil IISRlP 11 
Page 7 
(a) priority right was lawfully claimed for the patent application in 
Israel under section 10, by virtue of the parallel application; 
(b) priority right was claimed for the parallel application under the 
Law applicable to it, by virtue of the patent application in Israel; 
(c) priority right was lawfully claimed for the patent application in 
Israel by virtue of another application for protection submitted in 
a Convention State, and by virtlle of the other application priority 
right was claimed for the parallel application under the Law 
applicable to it; . 
(2) the applicant requested in writing that the provisions of this section be 
applied to his patent application; 
(3) the.applica,nt delivered to the Office the claims in the parallel patent, 
translated to the language in which his patent application was submitted 
in Israel; 
(4) the claim or claims in the application are identical to the claims in the 
parallel patent, but the application can include fewer claims that those 
in the parallel pa~nt; 
(5) the applicant submitted a description and drawings id~caLtn..those..ilJ 
the parallel patent, or a description and drawings as said in section 12. 
(d) The Registrar and also the Superintendent of Examiners or his deputy may 
refrain from accepting an application, if they determined on the basis of the 
material at their disposal or submitted to them in the course of the examination 
that the application does not comply \vith one of the provisions specified in 
subsection ( c) or that there is some other special reason why the application 
should not be accepted. 
(e) If proceedings for cancellation of the parallel patent are in progress, or if 
proceedings of opposition to the grant of the parallel patent outside of Israel 
are in progress, then the applicant shall so notify the Registrar not later then 
the date on whlch the patent is granted in Israel. 
(f) For purposes of this section, "state" -induding a group of states who maintain 
Cl. joint system for the grant of patents. 
Additional means of examination 
18. (a) The examiner shall use at least one of the following additional means of 
examination: 
(1) the list of documents used by patent authorities in any foreign state in 
the examination of a patent application on the same patent application, 
submitted in a foreign country by the applicant or by his predecessor in 
title to the invention; 
(2) a list of documents published before the application date, knolVn to the 
applicant and directly connected with the invention; 
(3) copies of publications and documents, a list of which the applicant must 
submit under this Article, if the examiner so demands; 
(4) copies of pubiications :lnd documents mentioned in pUbiications and 
documents, a list of which the applicant must submit under this Article, 
if the examiner <;0 demands; 
(5) ·"transmission of the specilications of the application -in order to search 
for material that will enable the Office make the examination -to an 
instituticm is Israel or abroad, \vith which the Office contracted under 
any Law by an agreement dra\'ffi up by the Registrar, including a section IP/NIlIISRJPI 1 
Page 8 
on keeping any patent application' confidential and on nondisclosure under 
section 165; 
and to that end he may do on~ or more of the following: 
(1) require the applicant to submit to him all the documents specified in 
paragraphs (1) to (4); 
(2) transmi: the specification in the application for the search said in 
paragraph (5). 
Applicant must keep Office informed 
18A. Until the application is accepted the applicant must keep the Office informed of any 
change in the list of publications and documents said in section 18, if he or his 
representative was made aware of the said changes. 
Notice of institutions that assist in the examination 
1SB. The Registrar shall publish a notice in Reshumot of the institutions with which the 
Office contracted under section 18(5), and of the categories of applications in respect 
of which he intends to use the means specified in the said section. 
Means of enforcement on examination procedures 
1SC. If a misleading particular was delivered in an applicant's reply to a demand under 
section 18, or if the applicant knowingly did not keep the Office informed of a .. 
substantive change in the list of publications and documents, which he must up-date 
under the provisions of section 18A, and if the patent was granted or if the 
application was accepted, then 
(1) the Court or the Registrar may one or more of the following in a proceeding 
before them: 
(a) cancel the patent or abstain from granting the patent; 
(b) give a license to exploit the patent to any person who desires it, as if the 
Court or the Registrar took the place of the patent holder, on condition 
to be determined by agreement between the parties and -if there is no 
agreement -by the Court or the Registrar, as the case may be; 
(c) order the term of the patent to be shortened. 
(2) The Court may impose a fme as said in section 61(a)(1) of the Penal Law 
5737-1967 on the person who delivered the misleading particular or who 
knowingly did not keep the Office up-to-date on the list of publications and 
documents, as the case may be. 
Postponement of examination 
19. If all or part of the invention is found not to be patentable, because there is an earlier 
application which has not yet been published under section 26, then the Registrar or 
an examiner may direct that the examination of the later application be postponed 
until after the publication of the earlier application, and they must do so if the 
. applicant whose application was found not patentable as aforesaid so requests. 
Notification of defects 
:::0. If the Registrar or an examlner fin:.!s that an invenlion is not patentable or tbat the 
application does Mt comply with the provisions of Article One of this Chapter, then 
he shall inform the applicant of the grounds of the invention's unpatentability or of 
the defects of the application. Correction of defects IP/N/l/ISRlPIl 
Page 9 
21. If the applicant did not, within a time prescribed by regulations, remove the grounds 
of the invention's unpatentability or did not correct the defects of which he was 
informed under section 20, then the Registrar shall refuse to accept the application. 
Rehearing of refusal to accept application 
21A. If the Registrar refused to accept an application under section 21, then he may -on 
the applicant's application -reconsider the refusal, on condition that the application 
be submitted within 12 months after the day on which the Registrar refused to accept 
it as aforesaid. 
Cancellation of patent application 
2lB. The applicant may cancel his patent application up to the grant of the patent; 
howeve!, the Registrar may cancel the cancellation on conditions prescribed by him, 
on condition that he is satisfied that the application wns cancelled unlawfully. 
Amendment of specification 
22. The applicant may, at any time before the applic:ltion is accepted, amend the 
. specification in his ap?lication, either in consequence of a notice under section 20 or 
at his own initiative. 
Application date after amendment 
23. If amendments of a substantive nature were made in the specification, then the 
Registrar may prescribe, for the purposes of sections 4, 5 and 9 -
(1) if it is P9ssible to distinqllish h~,. those amendments and the existing 
specification -that the date of the amendments shall be the date on which they 
were submitted to the Office; 
(2) if it is not possible to distinguish between the amendments and the existing. 
specification -that the date of the entire application shall be the date on which 
the amendments were submitted to the Office. 
Division of application 
24. (a) As long as the application has not been accepted, the applicant is entitled to 
demand that it be divided into several applications. ' 
(b) If the application includes more than one invention, then the Registrar may, as 
long as he has not accepted the application, direct the applicant to divide his 
application. 
(bl) (1)' In this subsection-
"examined application" , a patent application that is being examined 
under this subsection: 
"other application" ,'a patent application that is not the examined 
applica:ion and the date of which, for purposes of section 9, precedes 
the examined application in respect of part of the examined application; 
(2) the Registrar may an examined application, t!le other application er 
both applications to be divided, or the elimination of some of the claims 
in each of the sa!d applications, all as the applicant chooses in respect 
of his application, if all tbe following hold true for the examined 
application: 
(a) the invention that is the subject of the examined application was 
found wholly or partly unpatentable because of the existence of 
the other applicatioI:!; IP/N/lIISRlP/1 
Page 10 
(b) acceptance of the other application was not yet published under 
section 26; 
(c) the invention that is the subject of the other application was 
found wholly or partly unpatentable because of the existence of 
the examined application; 
(c) Subject to the provisions of section 23, th~ date of each of the applications 
divided under subsection (a) or (b) shall be the same as that of the application 
from which it was divided. 
Dispute between applicants 
25. If an applica~ion was submitted by more than one applicant, and if the Registrar is 
satisfied that the prosecution of the application is held up because of the dispute 
between the applicants, then he may act on the· initiative of some of them on 
conditions prescribed by him, on condition that the initiators of the action give the 
applicants who are not parties thereto notice of every proceeding before the Registrar 
and of any amendment made in the specification; however, the Registrar shall 
entertain a request for cancellation of the application only with the consent of all 
applicants. 
Publication of acceptance of application 
26. (a) When an application has been accepted under this Article, the Registrar shall 
publish the fact of its acceptance in Resllllnw( at the applicant's expense. 
(b) The publication. shall include -
(1) the name of the invention and its category under the categories used by 
the Office; 
(2) the applicant's name; 
(3) the application date; 
(4) if a priority right was claimed for the application -the Convention State 
in which the previous application was ~ubmitted, the date of its 
submission and the number or other identification mark given it by the 
authority to which it was submitted; 
(5) a description of what the Registrar believes to be the essence of the 
invention; 
(6) the address in Israel for delivery of notices to the applicant, as given to 
the Registrar; 
(7) every other particular relevant to the matter, which the Registrar 
believes should be included in the publication. 
Dt:scription not evidence of specitication 
27. The description of the essence of the invention, as published under section 26(b)(5), 
shall not shall not be evidence when the Court or the Registrar construe the 
specification in any legal proceeding. 
Acceptance of application is evidence 
23. Acceptance of the application shall be conclus!ve evide-uce that it includes only one 
invention and that the provisions on the form of the application, the specifIcation and 
the drawings have been complied with. 
Amendment of specification after acceptance 
29. After his applicaliorr was accepted under this Article, the applicant may amend the IPIN/lIISRlP!1 
Page 11 
specification in his application in the manner prescribed in Article Three of Chapter 
Four, as if he were a patent owner. 
Article Three: Opposition to Grant of Patent 
Time for opposition to grant of patent 
30. Any person may -within three months after the date of publication of the application 
under section 26 -oppose the grant of a patent by written notice to the Registrar. 
Grounds for opposition 
31. The following are the grounds for opposition to the grant of a patent: 
(1) t.here is a reason, because of which the Registrar could have refused to accept 
the patent application; 
(2) the invention is not patentable under section 4(2): 
(3) th~ opponent, and not the applicant, is the owner of the invention. 
Powers of Registrar in opposition proceeding 
32. (a) The Registrar may accept all or part of the opposition, he may reject it or he 
may exercise his powers under sections 18, 23 and 24 in respect of the 
application. 
(b) If the Registrar demanded that the application be divided, then he shall not 
publish the separated applications under section 26. 
Hearing arguments on o\mership of invention 
33. (a) If opposition was submitted for grounds said in section 31(3), then the 
opponent may request that the patent be granted to him, and the Registrar 
may -in addition to any other relief -grant the patent to the person who 
proved that he is the owner of the invention. 
Cb) In proceedings under this section the Registrar may join anyperson whom the 
Registrar believes to have an interest in the matter. 
Powers of Registrar after cancellation of opposition 
34. If opposition was duly submitted under section 30 and was subsequently cancelled, 
then Registrar may refuse to grant the patent applied [or if, in the course of the 
opposition, he discovered material according to which the application should not have 
been accepted in the first place. 
Article Four: Grant of Patent 
In the absence of opposition patent shall be granted 
35. If no opposition was subm:cted by the enc of the time set for its submission, or if 
opposition was submitted, but was withdrawn or was finally rejected by the Registrar 
or by the Court, then the patent shall be granted to the person who is the owner of 
the invention at that time, 'Jnless the R;:gistrar used his power under section 34 or 
unless appeal was submitted under section 174 against the Registrar's decision to 
reject the opposition and written notice that the appeal had been submitted was IPIN/l/ISRlP/1 
Page 12 
delivered to the Registrar not later than 10 days after the final date for submission of 
a said appea1. 
Registration and certificate 
36. The grant of the pa:ent shall be registered in the Register and a certificate to that 
effect shall be given to its O\VIler. 
Reservation on responsibility 
37. The examination of the application and the grant of the patent shall not be a guaranty 
that the patent is valid, and the Stale or its employees shall bear no responsibility 
whatsoever because the patented was granted. 
38. Repealed 
State the invehtor's name 
39. An inventor for whose invention ,a patent was applied for or his survivors may demand 
that the inventor's name be stated in the specification, the Register and in the patent 
certificate, and the Registrar shall accede to the demand subject to the provisions of 
sections 40 and 41, on condition that the demand was submitted at the prescribed 
time and in the prescribed manner. 
Hearing of owner of invention and patent holder 
40. If the inventor or his survivors request that the inventor's name be stated when they 
are not the owners of the invention or of the patent, then the Registrar shall notify 
the owner of the invention or of the patent and -if opposition proceedings under 
section 30 are pending at the time -any' other person who is a party to those 
proceedings; the Registrar shall give his decision after hearing the arguments of the 
persons concerned, if they so requested wi.thin the prescribed time. 
Demand not acceded to 
41. The Registrar shall not entertain a demand that the inventor's name be stated, if he 
believes that it is proper to hear it like an application, the grounds for which are as 
said in section 31(3) or section 73. 
No stipulation not to state name 
42. A stipUlation by which the inventor waives the right to demand that bis name be 
stated is void. 
Statement of name does not confer right _ 
43. If a person's name is stated as the in\'entor, that alone shall not entitle him to any 
right whatsoever to the invention or to the patent. Article Five: Patent of Addition 
Patent of addition IPIN/1/ISRlP/l 
Page 13 
44. (a) If a patent holder is the owner of an invention which is an improvement or 
modification of an invention for which a patent (hereafter: main patent) was 
granted, then he may request that a patent for the second invention be granted 
him as a patent of addition. . 
(b) A patent of addition shall be granted for an invention that is patentable under 
subsection Ca) as a patent of addition, even though it does not involve an 
inventive step beyond the invention covered by the main patent or by any 
patent of addition thereto. ' 
(c) If an applicant submitted several 'applications, then he may request that the 
p'atent for one of them be granted as a main patent and the patents for the 
othe~s as patents of addition thereto, and subsections (a) and (b) shall apply 
mu-tatis mutandis. 
Restriction on grant of patent of addition 
45. A patent of addition shall not be granted if the for it application was submitted before 
the date of the application for the main patent. 
Grant of patent of addition to be conclusive evidence 
40. The grant of a patent of addition shaH be conclusive evidence that the subject matter 
of that patent is an improvement or modification of the main patent and that it is fit 
to he a patent of addition. 
Term of patent of addition . 
47. A patent of addition shall be in effect as long as the main patent is in effect, and no 
fee shall be payable for it under section 56. 
Errect of patent of addition if main patent is cancelled 
48. (a) If a main patent was cancelled under the provisions of Article Four in Chapter' 
Four or of Article Two in Chapter Seven and if the patent of addition was not 
cancelled together with it, thee. the patent of addition shall become an 
independent patent if the owner of the patent of addition so requested, and it 
shall remain in effect until the end of the period during which the main patent 
would have been in effect, had it not been cancelled, on condition that the fees 
prescribed by section 56 are paid on it at the times and in the amounts which 
were set for the payment of fees on the main patent. 
(b) If a main patent was cancelled and if it had more than one patent of addition, 
then subsection (a) shnll apply to all of them; however -
(1) the obligation to pay fees prescribed by section 56 shall apply only to 
the patent of addition with the earliest application date, and all the 
other patents shall be deemed to be additional to it; 
(2)· if the patents of addition do not ccnstitute improvements or 
modifications of each other, then subsection (a) shall apply to each of 
them separately. IP/N/IIISRlP/1 
Page 14 
CHAPTER THREE "A": INTERNATIONAL APPLICATIONS 
Definitions 
48A. In this Chapter -
"Convention" -the Convention ef Cooperation on Patents, signed in Washington on 
June 19, 1970, and amended of September 28; 1979, and on February 3, 1984, 
including the regulations to the Convention, as they were in,effect on January 1,1994; 
the Convention is available in the Office for inspection by the public. 
"international application" - a patent application submitted under the Convention, even 
if it does not address Israel under section 4(1)(ii) of the Convention; 
"International Office" -within its meaning in section 2 of the Convention; 
"addressed Office" - a national Office or an international organization, to which an 
application is submitted in accordance with section 2 of the Convention; 
"international application addressed to Israel" -an international application submitted 
in Israel or in another country, which the applicant addressed to Israel under section 
4(1)(ii) of the Convention. 
Submission of application 
48B. (a) The Office shall be an addressed Office for applications submitted by Israel 
citizens and residents, shall handle the said applications and shall collect the 
fees set in the Convention, all as provided by the Convention. 
(b) The Registrar shall publish in Reshumot the particulars and amounts of the 
fees set in the Convention, as they are from time to time; every amount under 
subsection (a) shall be collected for and transmitted to the institutions and 
authorities prescribed in the Convention, under the provisions of the 
Convention and under any enactment. 
(c) An application submitted to the Office or to a receiving Office in another state 
shall -for purposes of sections 98 and 103 -be deemed an application 
submitted abroad. 
(d) In this section, "institutions and authorities" includes the 0 ffice. 
Provisions on applications 
48C. The provisions of this Law shall apply to applications addressed to Israel, with the 
changes specified in this Chapter and with the changes specified below: 
(1) the provisions of sections 11, 14, 15, 17(a) and 20 shall not apply; 
(2) the provisions of section 16 shall apply to an application, in respect of which 
the applicant met the conditions prescribed in section 48D; 
(3) the date of the application shall be determined in accordance \vith the 
provisions of the Convention; -
(4) the provisions of section 165( a) shall not apply to information published under 
the Convention in respect of applications; 
. (5) notwithstanding the provisions of section 168(a), documents published 
according to the Convention in respect of applications shall be open for publk 
inspection. 
Entering the national stage 
4SD. (a) If an applicant submitted an application addressed to Israel, then he shall pay 
the national fee prescribed under section 194 and mentioned in section 22 or 
in section 39 of the Convention (hereafter: national fee); 
(b) An applicant who submitted an application addressed to Israel shall be deemed IP/N/l/ISRlP/l 
Page 15 
to have withdrawn his application, if he did not pay the fees prescribed in the 
Convention or the national fee by the times set in the Convention or in 
regulations, or if he did not perfonn one of the acts specified below by the 
prescribed time: 
(1) delivered a copy of the application to the Office, unless a copy was 
delivered to the Office according to the provisions of the Convention; 
(2) delivered a certified English translation of the application, if the 
application was not submitted or was not published in English. 
( c) The Registrar may -only under the provisions of section 4S of the Convention 
-extend the times set under this section; however, for purposes of subsection 
(b)(2) the Registrar may extend the time to a period of up to three months, 
and under the provisions of section 48 of the Convention alone he may extend 
the time for a longer period. 
Documents, amendments and fees 
48E .. When a person comes to comply with the provisions of section 48D, then he shall 
submit the documents to the Office, make amendments in the documents and pay the 
fees, all as the Minister of Justice shall prescribe with approval by the Knesset 
Constitution, Law and Justice Committee. 
Examination of application 
48F. (a) An application shall only begin to be examined at the end of the period set 
under section 48D for payment of the national fee, but the Registrar may order 
that examination of an application begin earlier, if the applicant so requested 
in writing and on condition that he complied with the provisions of this 
Chapter. 
(b) An application shall not be accepted and shall not be refused before the end 
of the time set therefor in sections 28 and 41 of the Convention, except by the 
application's written consent. 
(c) The examiner shall examine if all the following apply in respect of an 
application: 
(1) the invention in the application is patentable under Chapter Two; 
(2) the provisions of sections 12, 13 and 48D have bee!J. complied with; 
(3) the applicant paid the costs of publications under section 26. 
(d) If the examiner finds that the provisions of this section have been complied 
with, then he shall accept the application and he shall so notify the applicant; 
the date of acceptance shall be stated in the notice. 
Notice of shortcomings 
48G. (a) If the examiner concluded that the invention in an application is not 
patentable, or that the provisions of sections 12, 13 and 4SD have not been 
complied with, then he shall inform the applicant of the grounds of the 
invention's non-patentability or of the shortcomings in the application, as the 
case may be. 
(b) A notice under subsection (a) shall be treated, for purposes of section 21, like 
a notice under section 20. 
Hearing before Registrar 
48H. (a) If a receiving office refused to give an international acceptance date to an 
application addressed to Israel, or if a receiving office or an international office 
determined that it deems the applicant to have withdrawn his application or to IPIN/lIISRlPIl 
Page 16 
have removed Israel as an addressed country from his application, and if the 
application requested the Registrar in writing that he cancel the refusal or the 
determination, then the Registrar shall hold a hearing on the matter. 
(b) If the Registrar is satisfied that the refusal or determination said in subsection 
Ca) was due to an error or omission by a receiving office or an international 
office. then he may. as the case may be -
(1) treat the application as if the error or omission was not committed on 
it and give the application an international submission date; 
(2) deem the application as not having withdrawn his application or as not 
having removed Israel as an addressed .country from his application. 
CHAPTER FOUR: THE PATENT, ITS MODIFICATION AND CANCELLATION 
Article One: Rights That Derive from a Patent 
Rights of Patent holder and restrictions on eXJ?loitation of patent 
49. (a) 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 (hereafter: 
"infringement"). 
(b) . The grant of a patent does not constitute permission to exploit any invention 
unlawfully or in a manner that constitutes laws rights exist under any 
enactment. 
Applicability of patent 
50. Ca) If the invention is a process, then the patent shall apply also to the direct 
product of the process. 
Cb) If a person argues that a certain product. which in the ordinary course of 
events is a direct product of a patented process, was not produced by means 
of that process, then he shall bear the burden of proof. 
Effect of patent against the State 
51. A patent is in effect against the State, subject to the provisions of Chapter Si:<;; 
however. the provisions of the Civil Procedure Amendment (The State as a Party) 
Law. 5718-1958), shall apply. 
Term of Patent 
52. The term of a patent shall be twenty years from the application date. 
Right based on prior exploitation 
53. If, on the determining date. a person in Israel in good faith e::ploited the invention 
for which the patent is applied for, or if he in good faith made actual preparations for 
its exploitation, then he shall be entitled to exploit the invention himself and in the 
course of his business without cons:deration; for the purpose of this provision, the 
"determining date" is the date on which application for the patent was submitted in 
Israel or -if priority right under section 10 is claimed for that application -the date IP/N/1/ISRIP/1 
Page 17 
of submission of the previous application on which the claim for priority right is 
based. 
Transfer of exploitation right 
54. The right under section 53 cannot be transferred, devolved or transmitted by 
inheritance, except together with the business in which that invention was used. 
Experimental act in order to obtain license 
54A. An experimental act, which is part of an effort to obtain· a license to market the 
product after the patent has lapsed, does not constitute "exploitation of an invention", 
if the folIO\ving two conditions are met: 
(1) the· effort to·.obtain a license is made in order to obtain a license in Israel or 
. in a country, in which an experimental act on a patent protected invention for 
the purpose of obtaining a license is permitted before the patent lapses; 
(2) any product produced under the terms of this section is not used -both while 
the patent is in effect or thereafter -for any purpose other than obtaining a 
license as aforesaid; . 
for. purposes of this section, "license" -cer.tification, permit or any other document 
required under Law in order to market the product. 
lligbt of the State by virtue of an earlier invention 
55. (a) The State may exploit an invention for which a patent was granted to another 
person to the extent necessary for its requirements and \vithout paying royalties 
or other compensation to the patent holder or to holders of other right in the 
patent, if -
(1) it is also a service invention, as said in section 132, invented by an 
employee who must give notice under section 137 before the date on 
which the pate:lt application is submitted, and if priority right is claimed 
for that application under section 10, then before the date of the 
application abroad; 
(2) no prctection .was claimed in Israel or elsewhere for the service 
invention said in paragraph (1), either by the inventor, by the State or 
by a person to whom rights in the invention were transferred; 
(3) before the date said in paragraph (1) the service invention ·was 
registered in the Registers prescribed therefor and in the manner 
prescribed. 
(b) The provision of subsection (a) shall also apply to an invention made by a 
person who does not have to give notice under section 137, if the rights to it 
were transferred to the State and the other conditions said in that subsection 
have been complied with in its respect. 
(c) If the State is allowed to exploit an invention under subsection (a), then the 
Government may permit its exploitation -only for the requirements of the State 
-also by a person who acts under a contract \vith the State. 
(d) The provisions of this section shall not derogate from the rights of a State 
employee under Chapter Eight, from rights by virtue of an agreement or from 
rights granted to a person who transferred thi! invention to the. State. IP/N/lIISRlP/1 
Page 18 
Payment of fees Article Two: Effect is Conditional on Payment of Fees 
56. A patent shall be in effect for the whole of the entire period set in section 52, if the 
patent holder paid the fee prescribed (hereaiter: "renewal fee") wi.th approval by the 
Knesset Finance Committee at the times prescribed as aforesaid; if the fee is not paid, 
then the effect of the patent shall lapse at the time prescribed for payment of the fee. 
Extension of time for payment of fees 
57. If a renewal fee was Dot paid at the time prescribed for its payment, then it may be 
paid within six months thereafter with the addition of a fee in a prescribed amount, 
and when that has been done the fee shall be deemed tc have been paid at the time 
prescribed for its payment under section 56 and the patent shall be deemed not to 
"have lapsed. 
Publication of lapse of patent 
58. If the period said in section 57 has passed and the fee has not been paid as said in 
that section, then the Registrar shall publish in Reslwl1!ot a notice that the effect of 
the patent has lapsed. 
Restoration of patent lapsed for non-payment of fee 
59. The owner of a patent which lapsed for non-payment of a renewal fee may apply to 
the Registrar, in the manner and form prescribed, that the patent be restored, on 
condition that he pay the special fee prescribed for that purpose when he submits the 
application (hereafter: restoration application). 
Publication of application for restoration of patent 
60. If the Registrar" is satisfied that the renewal fee was not paid for reasonable cause, 
that the patent holder did not intend that the effect of the patent lapse, and that the 
application for restoration of the effect of the patent was submitted as soon as 
possible after the fact of nonpayment had become knoWn to the patent holder or to 
the person responsible on his behalf for payment of the fee, then he shall order 
publication of the application in Reshumot after the patent holder paid the renewal 
fee which had not been paid. 
Opposition to restoration " 
61. Any person may opp::>se a restoration application within three months after the date 
of publication, on the grounds that the Registrar had no basis for ordering publication 
of the application in Reslwmot. 
Hearing or application for restoration 
62. If no opposition was submitted or if opposition was submitted, but was rejected, then 
the Registrar sh::1l1 make an order for restoration and he may make the restoration 
subject to conditions which he shall prescribe. 
Use of invention the patent for which had lapsed and is subsequently restored 
63. If a person began to exploit in Israel an invention on which the patent lapsed after 
the lapse of the patent was published under section 58, or if a person after that date 
made actual preparations for its exploitation, then he shall be entitled to continue to 
exploit the invention only for the requirements of his business, even after the patent 
is restored. IPIN/1/ISRJP/1 
Page 19 
Transfer of right of exploitation 
64. The right to exploit an invention under section 63 cannot be transferred, devolved or 
transmitted by inheritance, except together with the business in which that invention was 
used. 
Article Two "A": Extension of Period or Protection 
Definitions 
64A. In this Article -
"medical preparation" -any form of therapeutic drugs that underwent processing, 
including a preparation for use in veterinary medidne and 11 preparation of nutritional 
value intended to be injected intravenously; . 
"materiaJ." -the active component of a medical preparation or salts, esters, hydrates 
or crystal forms of that component; 
"the basic patent" -[he patent that protects any material whatsoever, including a 
process for the production of a material, use of a material, a medical preparation that 
incorporates a material, a process lor the production of a medical preparation that 
incorporates a material or medical equipment that requires a license in Israel 
(hereafter: medical equipment). 
Extension of basic patent 
64B. If the Registrar is satisfied that the conditions specified in this Article have been met, 
then he shall, by order, extend the term of the effect of a patent in accordance with 
the provisions of this Article (hereafter: extension order), on condition that -
(1) the application for the extension order was submitted in good faith; 
(2) the extent of protection affordcd by the extension order not be greater than the 
protection afforded by the basic patent. 
Application for extension (If basic patent 
64C. (a) The holder of a basic patent and the holder of an exclusive license may apply 
for an extension order. 
(b) In respect of a basic patent held in joint ownership each partner may apply for 
an extension order. 
(c) If the owner Df a patent, some of the partners or the holder of an exclusive 
license did not join the applicaticn for the grant of an extension order, then 
they shall be joined as respondents by the applicant. 
(d) If a person was joined as respondent under this section and did not take part 
in the proceedings, then he shall not have to pay costs. 
Conditions for grant of extension order 
64D The Registrar shall not grant an extension order, unless the following conditions have 
been met: 
(1) 
(2) The material, the process for its production or its use, or the medical 
preparation that incorporates it or the medical equipnent was claimed in the 
basic patent and the basic patent remains in effect; 
in respect of a medical preparation -a medical preparation that incorporates 
the material is registered in the Register of Medical Preparations under 
regulation 2 of the Pharmacists Regulations (Medical Preparations) 5746-1986 
(hereafter: Pharmacists Regulations); IPIN/1/ISRlP/1 
Page 20 
(3) the registration said in paragraph (2) is the first registration that allows the 
material to be used in Israel for medical purposes; 
(4) no extension order was granted previously in respect of the basic patent or in 
respect of the material. 
Notice of intention to grant extension order 
64E. When an application for an extension order has been submitted in the manner 
prescribed in regulations by a person entitled to submit it, and if the Registrar 
concluded a priori that the conditions prescribed in this Article have been met, then 
he shall publish in Reshumot a notice of his intention to grant an extension order in 
accordance with the application. 
Opposition 
64F. Any person has the right to oppose the grant of an extension order before the 
Registr~; opposition shall be by the delivery of a notice to the Registrar within three 
months after the day on which the notice of intention to grant the extension order was 
published. 
Grounds for opposition 
64G. Any reason, on the basis of which the Registrar has the power not to grant an 
extension order is grounds for opposition. 
Grant of extension order 
64H. (a) The Registrar shall grant an extension order if no opposition was submitted 
until the end of the time prescribed for its submission, or if opposition was 
submitted und was cuncelled or finally rejected by the Registrar or by the 
Court. 
(b) An extension order shall go inlo effect on the day of its publication as said in 
section 64E. 
(c) An e:~ension order shall be registered in the Register. 
(d) If the Registrar granted an extension order, then the hoider of the basic patent 
may -during the period in which the extension order is in effect -prevent any 
person from .m.arketinv. br". from producing in ordp.T to market without his 
permission the meOlcal equipment or the medical preparation that incorporates 
the material, as far as the material, the process of its production, its use or the 
medical preparation were claimed in the claims for the basic patent. 
(e) If an extension order was violated in contravention of the provisions of 
subsection (d) (hereafter: extension order violation), then the holder of the 
basic patent or the holder of the exclusive license shall be entitled to all the 
reliefs prescribed in section 183 and the provisions of Chapter Eleven shall 
apply to the yiolation of the extension order, mutatis mutandis as the case may 
be. 
Cf) An extension order sht111 not .!!ive anv ri!!hts whatsoever apart from the rights 
specified In tOlS sectlUi1.· 
Term of elTect of extension order 
641. (a) An extension order shall be in effect, subject to the provisions of section 64J, 
for a period equal to the extension period that can be given for the patent that 
protects the material, the medical preparation that incorporates the material 
or the medical equipment claimed in the basic patent, in a Convention State IP/N/1/ISRlP!1 
Page 21 
that permits acts during the term of the patent for purposes of obtaining a 
license. 
(b) If a license was applied for only iI! Israel, then the extension order shall be in 
effect for a term that is equal to the period from the day on which the 
application for a license was submitted and until the license was given; on 
condition that the application on the applicant's behalf was submitted and 
handled in good faith and with appropriate despatch. 
Limits on term 
641. Notwithstanding the provisions of section 641 -
(1) the term of effect of an extension order shall not exceed five years beyond the 
term stated in section 52; 
(2) the total term of the term of the patent arid the term of the extension order in 
t.he aggregate· for a material, [or its production process, for its use and for the 
medical preparation that incorporates it, under the basic patent and under an 
extension order together -shall end not later than 14 years after the day on 
which the first license for marketing was received in a Convention State; 
(3) the extension order shall lapse not later than the first date on which lapses the 
extension period granted for the patent that protects the material, the medical 
preparation that incorporates the material, or the medical equipment claimed 
in the basic patent in the Convention State. 
Cancellation of extension order 
64K. The RegistrClr may, on applicCltion by a person who is not the holder of the basic 
patent or of an exclusive license, cancel an extension order, if he concludes that there 
are grounds on which the grant of the extension order can be opposed; the Laws of 
prescription shall net apply to an application for cancellation under this section. 
Lapse of etTect of extension order 
64L. An extension order shall laps in each of the following instances: 
(1) 
(2) 
(3) 
(4) 
Fees 
64M. (a) 
(b) on the day on which the period said in section 641 ends, subject to the 
provisions of section 641; 
if the holder of the basic pCltent did not pay a fee under section 64M -at the 
end of the time for paying the said fee; 
if registration of the medical preparation that incorporates the material was 
cancelled· on the day on which the registration was cancelled; 
if the basic patentwas cancelled, or if it was amended so that the material, the 
production process, the use of the material, the medical preparation that 
incorporates the material, all of them together, or the medical equipment are 
no longer protected under the patent -from the day on which the cancellation 
or amendment went into effect. 
The holder of a basic patent shClll pay fees in respect of an extension order 
(hereafter: extension ord~r fees) at times and in amounts to be prescribed in 
regubtions; if the fee was not paid, t)1en the order shall lapse at the time 
prescribed for paying the fee. 
The provisions of sections 57 to 64 shall apply to fees under subsection (a), 
\vith the term "extension order" replacing "pate ut" and the' term "extension 
order fees" replacing "renewal fees". IPIN/1/ISRlP/l 
Page 22 
Appeal 
64N. Any person who deems himself injured by a decision of the Registrar to grant an 
extension order or to refuse to grant it may appeal against it before the Court, as said 
in section 174(a). 
Times 
640. An application for the grant of an extension order shall. be submitted in the 
prescribed manner, after the fee has been paid and not lat~r than 60 days from the 
registration day of the medical preparation under the Pharmacists Regulations. 
Publication 
64P. The Registrar shall fublish notice in Reshumot, concerning -
(1) the i"ntention to grant an extension order; 
(2) the grant of an extension order; 
(3) the lapse of an extension order. 
Article Three: Amendment of Patent 
Right to Amend 
65. A patent holder may apply to have the patent specification amended in order to 
clarify it, to eliminate a mistake in the specification or to restrict the claims. 
Condition of amendment 
66. The Registrar shall permit an amendment if he is satisfied that it will not result in a 
broadening of the scope of claims in the specification and will not add anything to the 
specification, which in essence was not included in it from the start; notice that 
permission for the amendment was granted shall be published in Reshumot. 
Opposition to amendment 
67. Any person may oppose before the Registrar the grant of permission to amend a 
specification; opposition shall be by delivery of a notice to the Registrar within three 
months after the notice of the grant of permission to amend was published. 
Grounds for opposition 
68. The following are t~.e grounds for opposition to the grant of permission to amend: 
(1) there is a reason why the Registrar was entitled to refuse permission to amend; 
(2) ·the amendment does not achieve the purpose for which it was requested. 
Correction of clerical error 
69. (a) A patent holder may apply for the correction of a clerical error in the 
. specificalion, and the Registrar shall permir the correction if he is satisfied that 
it only corrects a clerical error. 
(b) The Registrar may, at his own initiative and with the patent holder's consent, 
correct a clerical error which he found in the specification. 
Application for amendment during legal proceedings 
70. (a) If an application was submitted for the amendment of a patent while 
proceedings for an infringement or for the cancellation of that patent are IPIN/1/ISRJP/1 
Page 23 
pending before the Court, then the Registrar shall deal with the application 
only with permission by the Court. 
(b) If the permission is given, then the Registrar shall decide on the application 
after he has given all the parties to those proceedings an opportunity to bring 
their arguments before him. 
(c) If Court proceedings for infringement of a patent are instituted after an 
application for the amendment of the specification .was submitted to the 
Registrar, then the Registrar shall continue to hear the application if the Court 
made no other order on that matter. 
Registration of amendment 
71.· If no opposition to the amendment was submitted, or if it was submitted and was 
rejected by a decision of the Registrar or by final judgment, or if permission to amend 
the specification was given by the Court under section 190, then the Registrar shall 
enter the' amendment in the Register, and from the date of the entry the amended 
specification shall be treated as if it had been accepted in that form from the outset. 
Acceptance of amendment is conclusive evidence of its .validity 
72. The registration ofthe amendment is conclusive evidence that the amendment is 
permissible under section 66, unless it was obtained fraudulently. 
Article Four: Cancellation or Revocation ofP<ltent on Patent Holder's Application 
Revocation or cancellation of patent on patent holder's application 
73. (a) A patent holder may apply to the Registrnr that he revoke or cancel a patent 
granted to him. 
(b) The Registrar shall -at the applicant's expense -publish in Reshumot the 
application to revoke' or cancel a patent under this section. 
(c) If a person deems himself injured by an application. to revoke or cancel a 
patent under this section, then he may -in a manner to be prescribed -submit 
to the Registrar opposition within three months after the application was 
published, and if the application was published more than once, then after the 
day of the last publication. 
(cl) If no opposition was submitted under subsection (c), then the Registrar shall 
revoke or cancel the patent, all as the patent holder requested. 
( e) If opposition was submitted and it was cancelled, rejected or accepted in part 
by the Registrar in the decision that concluded the hearing before him, then 
the Registrar shall revoke or cancel the patent, unless an appeal was submitted 
against the Registrar'S decision and notice as said in section 35 was given not 
later than the time prescribed under that section. 
(f) If an application for revocation or cancellation was submitted by th~ patent 
holder while proceedings on the patent are pending in Court, then the 
Registrar shall decide whether to re';oke or c:lncel t.~e patent; the provisions 
of subsections (a) to (e) shall also apply lo an applic3:ti_<?n under this 
subsection. 
(g) The Registrar shall publish in Reshumot notice of a patent's cancellation or 
revocation. IP/N/lIISRlPIl 
Page 24 
Effect of cancellation or revocation 
73A. (a) If a patent was finally cancelled 011 the patent holder's application, then the 
Registrar shall enter the cancellation in the Register and the patent shall be 
treated as if it had never been granted. 
(b) If a patent was finally revoked on the patent holder's application, then the 
Registrar shall enter the revocation in the Register and the patent shall be 
treated as revoked on the day on which the application under section 73 (a) was 
submitted. 
Article Five: Cancellation of Patent on Application 
by Person Who is Not the Patent Holder 
Cancellation of patent nn. application by person who is not the patent holder 
73B. The Registrar may, on application by any person who is not the patent holder, cancel 
a patent, if he found that there are grounds on which it was possible to oppose 
granting the patent; the Laws of prescription shall not apply on an application for 
cancellation under th:s section. 
Proceedings before Registrar on application thatis pending in Court 
74. (a) If an application for revocation under Article Four, or an application for 
cancellation under Article Four or under this Article is submitted to the 
Registrar while Court proceedings for infringement or cancellation of that same 
patent are pending, then the Registrar shall hear it only with permission by the 
Court. 
(b) If permission is given, then the Registrar shall decide on the application after 
he has given a~l the parties to those proceedings an opportunity to state their 
arguments before him. . 
(c) If Court proceedings for infringement of a patent w~·re instituted after an 
application for .its cancellation or an application for its revocatio.n was. 
submitted to the Registrar, then the Registrar shall continue to hear the 
application if the Court made no other order on that matter. 
Effect and registration of cancellation order 
75. (a) A cancellation order under this Article shall go into effect at the end of thirty 
days after the period for submitting appeal against it; however, if an appeal 
against it was submitted,then the Court may postpone its coming into effect, 
or it may set conditions for its coming into effector for the postponement, as 
it deems proper. 
(b) When a patent has been finally cancelled under this Article or under section 
182, then the Registrar shall enter the fact of the cancellation in the Register, 
and (he patent sha.1l be treated as if it had not been granted. CHAPTER FIVE: OWNERSHIP OF PATENTS 
Presumption of mmership of invention IP/N/lIISRlPIl 
Page 25 
76. The person who submitted a patent application deemed the owner of the invention, 
as long as the contrary has not been proven. 
Joint ownership 
77. (a) An invention or patent may be in the joint ownership of several persons jointly. 
(b) If an invention or patent has several owners, then they shall be deemed -for 
purposes of their mutual rights -owners of equal shares, unless a different 
apportionment is laid down by a written agreement between them or by virtue 
of Law. 
Right cif partner to a patent 
78. Each of the partners in the ownership of a patent is entitled to exploit the invention 
that is the subject of the patent in a reasonable manner, unless there is a different 
provision in the written agreements between them or by virtue of Law; however. if a 
said exploitation pre'lents such exploitation by another partner, then the partners have 
the option of demanding from the exploiting partner appropriate royalties or their 
share of the profits derived by him. 
Right of person who acquirl'd from' one partner to a patent 
79. If a person in good faith acquires from one of the partners a product for which there 
is a jointly owned patent, or a product produced by a process protected by a said 
patent, then he shall be treated like a person who acquired the product from a sole 
patent holder; if person alleges that the acquisition was not in good faith, then he 
shall bear the burden of proof. 
Transfer of ownership of jointly owned patent 
80. Each of the partners to a patent may transfer ownership of his share without the 
consent of the other partners, unless the parties agreed otherwise between them and 
.the fac;.t of the agreement was entered in the ,Register. 
Power of Court to issue directions to joint ovrners 
31. (a) On application by some of the partners to a patent, the Court may order the 
other partners to perform certain acts for the exploitation of the patent or of 
any right the~ein, to grant a license for it, or on any other matter that concerns 
the patent, and the Court may authorize one of the applicants to perform the 
act in place of the respondents, all in accordance with the application and on 
such conditions as it may deem appropriate. 
(b) An order shall not be made under this section -
(1) if it is prejudicial to the rights or obligations of a trustee in bankruptcy, 
receiver, liquidator, administrator or executor of a will; 
(2) if it contradicts one of the conditions of a written agreement between 
the partners to the patent. 
Traasfer of inventions and patents 
82. Rights in an invention or patent may be transferred in writing and may devolve by 
operation of law. IP/N/1/ISRlPIl 
Page 26 
Validity of transfer vis-a-vis third party 
83. The transfer of a patent by agreement IS III effect only for the parties to the 
agreement, unless it was registered under this Law. 
License to exploit 
84. A patent holder may give an exclusive or noriexclusive written license to exploit the 
invention for which the patent was granted, and so may the owner of an invention for 
which a patent application was made. 
Exclusive License 
85. An exclusive license under a patent confers upon its holder the exclusive right to act 
in accordance with section 49, as if he were the patent holder, and it prohibits the 
patent holder from exploiting in Israel the invention which is the subject of the patent. 
Non-exclusive license 
86. A non-exclusive license under a patent confers the right to exploit the invention which 
is the subject of the patent, to the extent and on the conditions prescribed in the . 
license. 
Registration a condition of effectiveness 
87. A license under a patent is in effect only for the parties to the agreement, unless it 
was registered under this Law. 
License to exploit jointly owned patent 
SS. (a) A license to exploit a jointly owned patent shall only be granted with the 
consent of all the partners. 
Cb) This section shall not derogate from the power of the Court under section 81. 
Charge on patent 
89. A patent holder may, in writing, charge the patent or the income from it or both and 
-to the extent that this Law makes no other provisions on the subject -the Pledges 
Law 5727-1967 shall apply to the charge. 
Registration a condition of efTectiveness of charge 
90. A charge on a patent shall have no effect with regard to any other creditor of the 
patent holder, or to a liquidator or trustee in bankruptcy of the patent holder, unless 
it was registered in the Register wilhin 21 days after the day on which it is created, 
and it is subject to any other right in the patent granted before the charge was created 
and duly registered under this Law; however, if the patent is part of assets charged 
with a floating charge by the company or cooperative society that is the patent holder, 
the it is not necessary to register the floating charge under this section. 
License to exploit charged patent 
91. The grant of a license to exploit a patent subject to a charge, other than a floating 
charge, requires th(! written consent of the chargee. 
Realization of charge 
92. A charge on a patent may be realized by permission of the Court which may grant the 
chargee any relief it may deem proper, including the appointment of a receiver or an 
order to sell the patent. Powers of receiver IPIN/1/ISRlP!l 
Page 27 
93. A receiver may, with the Court's consent, sell the patent or give a license for its 
exploitation, and he may, subject to the Court's direction, collect the royalties or other 
payments to which tne patent holder is entitled because he is the patent holder, no 
matter whether their due date was before the receiver was appointed or thereafter. 
CHAPTER SIX: POWERS OF THE STATE 
Article One: Powers Required for Nati()nal DeCense 
Restriction o~ Registrar's activities for national security 
94. (a) The Minister of Defence may, by order, if he deems it necessary so to do in 
the interests of National security, including the protection of defense secrets, 
and after consultation with the Minister of Justice -
(1) order the Registrar to refrain from performing any act which he is 
required or permitted to do under this Law on a certain application, or 
to postpone its performance; 
(2) prohibtl or restrict the publication or release of information concerning 
a particular application, or in connection with the information in it. 
(b) A copy of the order of the Minister of Defence shall be delivered to the 
applicant. 
Transmission of certain applications to Minister of Defence 
95. The Minister of Defence may direct the Registrar to transmit to a person he 
designated therefor a copy of applications of a certain category, and the Registrar 
may transmit to the Minister of Defence applications the matter of which appears to 
him to be relevant to National security or which includes a defense secret, all in order 
to enable the Minister to weigh whether an order under 5ection 94 should be made 
in their respect; the Minister of Defence shall decide on every said application not 
later than four months after it was transmitted, and as long as he has not decided or 
as long as the said period has not expired, whichever is shorter, the Registrar shall 
not perform any act in respect of the said applications, except to acknowledge their 
submission under section 14. 
Contestation of order that restricts activities 
96. (a) The applicant may contest an order under section 94 before a three member 
contestations committee appointed by the rv-rinister of Justice, the members of 
which shall include a judge of the Supreme Court -the chairman of the 
committee -and a person recommended by the Minister of Defence. 
(b) Notice of the appoint:ne:J.t and address of the co:nmittee shall be published in 
Reshumot. 
(c) SUbmitting the objection shall r:ot stay implementation of the order. 
(d) . The contestations committee may confIrm, change or cancel the order. 
Right to further contestation 
97. An applicant has the right to contest an order under section 94 as long as the order 
is in effect, and he may contest it again even after a decision was made on the 
contestation, if -in his opinion -the circumstances that existed at the time of the IPIN/1IISRlPI1 
Page 28 
decision have changed; however, the committee may order the applicant to pay costs 
if, in its opinion, submitting a further contestation was not in place. 
Restriction of right to submit patent applications abroad 
98. An Israel national, a permanent resident of Israel or any other person who owes 
allegiance to the State shall not submit any application abroad for a patent for an 
invention the subject of which is weaponry or ammunition, or which is otherwise of 
military value, or for an invention with which section 95 .deals, and he shall not -
directly or indirectly -cause a said application to be submitted, unless one of the 
following applies: 
(1) he received written permission from the Minister of Defence in advance; 
(2) he submitted an application in respect of that invention in Israel and within SL'C 
months after that application was submitted the Minister of Defence did not 
~ake an order on it under section 94, or he made such an order, but it is no 
longer in effect. 
Article Two: Powers on Inventions That Relate to Nuclear Energy 
Restriction on activities that relate to nuclear energy 
99. (a) If the Minister fmds that an invention for which a patent application was 
submitted is important for the development of the use of nuclear energy in 
Israel, or that the publication of an invention is liable to cause damage to 
nuclear research in Israel, then he may, by order after consultation- with the 
Minister of Justice -
(1) order the Registrar to refrain from performing any act which he is 
required or permitted to do under this Law on the application, or to 
postpone its performance; 
(2) prohibit or restrict the publication or release of information concerning 
the application, or in connection with the information in it. 
(b) A copy of the order of the Minister of Defence shall be delivered to the 
applicant. 
Transmission of certain applications 
100. The Minister may direct the Registrar to transmit to a person he designated therefor 
a copy of applications of a certain category, and the Registmr may transmit to the 
Minister applications in respect of which the Registrar thinks an order under section 
99 would be proper, all in order to enable the "rv1inister to weigh whether a said order 
should be made; the Minister shall decide on every said application not later than 
four months after it was transmitted, and as long as he has not decided or as long as 
. the said period has not expired, whichever is shorter, the Registrar shall not perform 
any act in respect of the said applications, except to acknowledge their submis:;ion 
under section 14. 
Contestation of order that restricts activities 
101. (a) The applicant may contest an order under section 99 before a three member 
contestations committee appointed by the Minister of Justice, the members of 
which shall include a judge of the Supreme Court -the chairman of the 
committee -and a pers.on recommended by the Prime Minister. IP/N/lIISRlP!1 
Page 29 
(b) Notice of the appointment and address of the committee shall be published in 
Reshumot. 
(c) Submitting the objection shall not stay implementation of the order. 
(d) The contestations committee may confirm, change or cancel the order. 
rught to further contestation 
102. An applicant has the right to contest an order under section 99 as long as the order 
is in effect, and he may contest it again even after a decision was made on the 
contestation, if -in his opinion -the circumstances that eXisted at the time of the 
decision have changed; however, the committee may order the applicant to pay costs 
if, in its opinion, subrr.itting a further contestation was not in place. 
rught of further contestation 
102. The applicant has the right to contest an order under section 99 as long as the order 
is in effect, and he may contest it again after a decision was given on a contestation, 
if he believes that the conditions which existed at the time of the decision have 
changed; however, the committee may order the applicant to pay costs if, in its 
opinion, there was no occasion for making a further contestation. 
Restriction of right to submit patent application abroad 
103. An Israel national, a permanent resident of Israel or any other person who owes 
allegiance to the State shall not submit any application abroad for a patent for an 
invention with which section lOO· deals, and he shall not -directly or indirectly -cause 
a said application to be submitted, unless one of the following applies: 
(1) he received written permission from the Minister in advance; 
(2) he submitted an application in respect of that invention in Israel and within six 
months after that application was submitted the Minister did not make an 
order on it under section 99, or he made such an order, but it is no longer in 
effect. 
Article Three: Use of Inventions in the Interest of the State 
rught of State to exploit invention 
104. The Minister may permit the exploitation of an invention by Government departments 
or by an enterprise or agency of the State, whether a patent for it has or has not 
already been granted or has or has not already been applied for, if he finds that that 
is necessary in the interests of the National security or of the maintenance of essential 
supplies and services. 
rught of State to permit exploitation of invention 
105. The Minister may, if he fmds that that is necessary for the purposes enumerated in 
. sect~on 104, grant a permit under that section to -a person who operates under 
contract with the St<.te, in order to ensure or facilitate the implementation of that 
contract and for the requirements of the State only. 
Notice of Grant of exploitation permit 
106. When a permit has been granted under this Article, the Minister shall notify the 
owner of the invention or the patent holder and the holder of the exclusive license 
that the permit was granted .and the scope of the permitted use, unless National 
security requires otherwise. IP/N/lIISRlP/1 
Page 30 
Article Four: Obligation of State to Pay Compensation and Royalties 
Compensation for restriction of activities 
107. If an order was made under section 94 or 99 or if a .permit was not granted under 
section 98 or 103, then the Treasury shall pay to the owner of the invention 
compensation at the rate set by agreement between the parties or -in the absence of 
agreement -by the compensation and royalties committee established under section 
109. 
Royalties for use of patents by the State 
108. If a permit was granted under sections 104 or 105, then the State Treasury shall pay 
to the owner of the invention; to the patent holder or to the holder of an exclusive 
license, as the case may be, roya1tie~ se..t by agreement between the parties or -in the 
absenc~ of agreement -set by. the compensation and royalties committee. 
Compensation and royalties committee 
109. The Minister of Justice shall appoint a committee on compensation and royalties, 
which shall decide on claims for compensation and royalties under this Article; the 
members of the comnittee shall be a Justice of the Supreme Court, the Registrar and 
an additional member from among the teachers at an institution of higher education, 
within its meaning in the Council for Higher Education Law, 5718-1958. 
Guidelines for determination of royalties 
110. When it is about to determine royalties, the committee shall also consider the scope 
and character of the permitted exploitation, and it may take into account royalties 
stipulated in licenses, the conditions of which are similar to those of the permit. 
Exclusive jurisdiction of committee 
111. No Court or tribunal shall consider any matter within the jurisdiction of the 
compensation and royalties committee, and every decision by the committee shall be 
fmal. 
Article Five: General Provisions 
Definition 
112. In this Chapter, "Minister" -the Minister designated by the Government. 
Rules of procedure of committees 
113. A contestations committee, as said in sections 96 or 101 and the compensation and 
royalties committee (hereafter in this Article -"committees") shall each prescribe its 
own rules of procedure, as far as those were not prescribed by or under this Law. 
Proceedings not public. 
114. Proceedings before the committees shall not be open to the public unless the 
committee so ordered for a particul~r matter, and no person shall publish anything 
about proceedings in camera, except \\ith the· committee's permission. IP/N/lIISRlP!1 
Page 31 
Powers of committees 
115. (a) The committee shall have power -
(1) to obtain any written or oral evidence which they deem necessary; 
(2) to summon any person to appear before them to give evidence or to 
produce any document in his possession, to interrogate him and to 
demand from him any document in his possession; 
(3) lo compel the attendance of any person who did not comply with a 
summons and did not justify that to their satisfaction, order him to pay 
all costs caused by his non-compliance or by compelling his attendance, 
and flne him an amount of money of not more than IL 75; 
(4) to obligate any witness to give evidence on oath or affirmation in the 
manner customary in Court; 
(5) to fine an amount of money of not more than IL 75 any person who was 
called to give evidence on oath or affirmation or to produce a document 
and who refused to do so without reasonable justification, on condition 
that no person shall be required to answer a question, if by answering 
it he might incriminate himself, and he shall not be fined for refusing to 
answer it; 
(6) to admit any written or oral evidence, even if it would not be admissible 
in a civil or criminal trial; 
(7) to award to a person summoned to attend a session of the committee an 
amount of money which, in the opinion of the committee, he spent in 
consequence of his attendance. 
(b) The compensation and royalties committee may order that the amount of 
compensation or royalties not in dispute be paiu, wholly or in part, before it 
makes its final decision. 
Definitions CHAPTER SEVEN: RESTRICTION OR CAl'iCELLATION 
OF PATENT HOLDER'S RIGHTS IN THE PUBLIC INTEREST 
Article One: Compulsory Licenses 
116. In this Article -
"patented product" -a product for which, or for the production process of which a 
patent was granted; 
"patent holder" includes the holder of an exclusive license under the patent. 
Power to grant compulsory license 
117. (a) If the Registrar is satisfied that a patent holder abuses his monopoly, then he 
may grant a lic~nse to e~;ploit the invention that is the subject of the patent to 
a person who applied there for in the prescribed manner and paid the 
prescribed fee. 
(b) The Registrar shall not entertain an application under this section, unless it 
was submilted later than three years after the date on which the patent was 
granted or four years after the date on which the patent application was 
submitted, whichever is later. IPIN/1/ISRlP/1 
Page 32 
Power to require notilication concerning exploitation of patent 
118. (a) At the end of tbe time said in section 117, the Registrar may demand that a 
patent holder notify him, within SL,\1Y days of the date of the demand, whether 
he exploits the patented invention in Israel by way of production, and if so, 
what the extent and the location of the production are. 
(b) The Registrar shall demand the notification under this section if he was 
requested to do so by use of the prescribed. form and if the prescribed fee was 
paid. 
(c) If the patent holder does not respond to the demand within 60 days after the 
date of the demand or within an additional period prescribed by the Registrar, 
then that shall be deemed an admission on the part of the patent holder that 
he abuses the monopoly conferred on him by the patent for the invention, in 
respect of which the notice was sent .. 
Abuse of monopoly defined 
119. The exercise of a monopoly conferred by a patent shall be deemed abusive, if one of 
the following circumstances exists in respect of the invention, the product or the 
process which is the subject of the patent, and if the patent holder did Dot provide 
a reasonable justification for its existence: 
(1) all the demand for the product is not satisfied in Israel on reasonable 
terms; 
(2) the conditions attached by the patent holder to the supply of the 
product or to the grant of a license for its production or use are not fair 
under the circumstances of the case, do not take account of the public 
interest and arise essentially out of the existence of the patent; 
(3) exploitation of the invention by way of production in Israel is impossible 
or restricted by the importation of the product; 
(4) the product is not produced in Israel ano the patent holder refuses to 
grant to a local producer a license for its production or use on 
reasonable terms, neither for the requirements of the local market nor 
for export purposes; 
(5) the patent holder refuses to grant a license for the production of the 
product or for the use of the process in Israel on reasonable terms and 
because of that refusal -
(a) the export of a product from Israel is prevented or adversely 
affected; or 
(b) the launching or development in Israel of a commercial or 
industrial activity is prevented. 
Compulsory license for medical purposes 
120. (a) Subject lo the provisions of section 122, the Registrar may . if he was 
requested to do so and if that is necessary in order to give the public a 
reasonable quantity of medical supplies -grant a license for -
(1) a patented product tilat CJ..U be used as a medicament or for the 
production of a medicament; 
(2) a patented proct:ss for ,he production of a product said in paragraph 
(1); 
(3) a patented device that can be used as a device for medical purposes or 
as part thereof. 
(b) This section shall add to, and not derogate from the powers of the Registrar 
under section 117. IP/N/lIISRlP!1 
Page 33 
Compulsory license to exploit earlier patent nn which the rate of a later patent depends 
121. (a) If a patented invention (hereafter: later invention) cannot be exploited without 
infringing nn invention, for which the patent application date was earlier 
(hereafter: earlier invention), then the Registrar may, if so requested by the 
patent holder of the later invention, grant him a license to exploit the earlier 
invention to the extent necessary for the exploitation of the later invention, on 
condition that the later invention serves a different industrial purpose than the 
earlier one or that it makes a considerable advance over the earlier one. 
(b) If the earlier and the later invention serve the same industrial purpose, then a 
license under subsection (a) shall be granted on condition that the owner of 
the later invention grant a similar license to the owner of the earlier invention 
if he so requests. 
(c) In the case of a patent application for which priority was claimed under section 
10(a), the date of the previous application, within the meaning of section lO(a), 
shall be deemed the patent application date for purposes of this section. 
Factors to be taken into account in granting compulsory license 
122. In dealing \vith an application for a license under section 117 or 120, the Registrar 
shall nlso take the following factors into account: 
(1) the applicant's ability to remedy the fault, because of which the license was 
applied fori 
(2) the public interest, which generally requires that inventions that can be 
exploited in Israel by way of production should be so exploited to the greatest 
extent possible under existing circumstances and \vithout delaYi 
(3) the right to reasonable remuneration, taking the nature of the invention into 
account, for exploitation of the patented invention; 
(4) protection of the rights of any person who exploits in Israel, by way of 
production, the invention to which the application for the license relates and 
of persons engaged in developing that invention; 
(5) the nature of the invention, the time elapsed since the patent was granted, and 
the steps taken by the patent holder or by his representative for the 
exploitation of the invention in Israel by way of production. 
Restriction of scope of compulsory license 
123. (a) A license under this Chapter shall only granted for exploitation of an invention 
in Israel in the course of production. 
(b) A license under this Chapter shall only be granted to a person who is capable 
of exploiting the invention as said in subsection (a) to a reasonable extent. 
(c) Notwithstanding the provisions of this section, when the Registrar grants a 
license under section 120 he may permit exploitation of the invention also in 
some other manner, if it is not possible to exploit it by way of production in 
Israel, or if it is not possible to supply the patented product in this manner to 
an e:rtent that satisfies demand for it, and if it is necessary to grant the license, 
so that the public will have a reasonable qUal:tity of medical supplies at 
reasonable prices. 
Invitation to join proceedings on application for compulsory license 
124. (a) As soon as possible after an application for a license under this Chapter was 
submitted, the Registrar shall -at the applicant's expense -publish a notice in 
Reshumot that the application was submitted, and in it he shall invite all IP /NI IIISRlPIl 
Page 34 
persons with an interest in the application or likely to be adversely affected by 
the grant of the license to join the proceedings. 
(b) If a person wishes to join the proceeding, then he shall give notice thereof in 
the prescribed manner and at the prescribed time, and he shall pay the 
prescribed fee, and when he has done so he shaH be deemed an applicant or 
a respondent in the proceeding, as the case may be. 
(c) This section shall add to and not derogate ·from the provision of section 159. 
Effect of compulsory license 
125. A compulsory license under this Chapter shall go into effect thirty days after the day 
of the Registrar's decision or on a Inter date prescribed by the Registrar; if an appeal 
was submitted against the decision, then the Court may delay its going into effect or 
it may attach conditions to its going into effect or to its delay. 
Conditions or'license 
126. A license under this Chapter shall be a non-exclusive license, and the Registrar shall 
prescribe its conditions when he grants it, including the royalties or other 
consideration which the licensee shall pay t9 the patent holder, all as is reasonable 
and appropriate in the circumstances of the case, and the Registrar shall also 
prescribe -
(1) circumstances under which the license shall be deemed void or shall be 
cancelled or its conditions shall be changed; 
(2) the ways of determining the' amount of the royalties or of the other 
consideration, when and how they shall be paid; 
(3) the ways of marking the product produced under the license. 
Review 
127. The owner of a patent for which a license was granted under this Chapter may apply 
to the Registrar in the prescribed form and manner for a review of the license 
granted, because the circumstances which existed when the license was granted have . 
changed or because the licensee violated one of its conditions, and the Registrar may 
cancel the license or change its conditions, if he is satisfied that it is right so to do. 
Compulsory license to be treated like a license by agreement 
128. A license under this Chapter and its conditions shall be treated like a license granted 
under an agreement between the patent holder and any other person who may be a 
party to the agreement, and the licensee. 
Article Two: Cancellation (If Patents in thl! Public Interest 
Powl!r of Registrar to caned patents 
129. (a) The Registrar may cancel a patent for which a license was granted under this 
Chapter, if he is satisfied that granting the license did not suffice to prevent the 
abuse of the monopoly which was the ground for granting the license. 
(b) The Re3istrar shall not entertain an application under this section, unless it 
. waS submilted by a person qua:ified to receive the license and unless two years 
have passed since the day on which a license under this Chapter was first 
granted in respect of that patent. ElTect of cancellation order IP/N/lIISR/PIl 
Page 35 
130. Cancellation of a patent under section 129 shall go into effect 60 days after the date 
of the Registrar's decision, or on a later date prescribed by the Registrar; if an appeal 
was submitted against the cancellation, then the Court may delay its going into effect 
or it may attach conditions to its going into effect or to its delay. 
CHAPTER EIGHT: SERVICE INVENTIONS 
Notification of inventions 
131. An employee must notify his employer of any invention which he made in 
consequence of his service or during the period of his service, as soon as possible 
after he invented it, and also of any patent application submitted by him. 
Inventions in consequence of service 
132. (a) An invention by an employee, arrived at in consequence of his service and 
during the period of his service (hereafter: service invention) shall, in the 
absence of an agreement to the contrary between him and his employer, 
become the employer's property, unless the employer relinquishes the invention 
within six months after the day on which notification under section 131 was 
delivered to him. 
(b) If, in his notification under section 131, the employee stated that -in the 
absence of a ccmtrary reply from the employer within SL'"( months after delivery 
of the employee's notification -the invention will become the employee's 
property, and if the employer made no contrary aforesaid reply, then the 
invention shall not become the employer's property. 
Decision on service invention 
133. If a dispute arose on the question whether a certain invention is a service invention, 
then the employee or the employer· may apply to the Registrar that he decide the 
question. 
Remuneration for service invention 
134. If there is no agreement that prescribes whether, to what extent and on what 
conditions the employee is entitled to remuneration for a service inventioD, then the 
matter shall be decided by the compensation and royalties committee established 
under Chapter Six. 
Directives for determination of remuneration 
135. In making a decision under section 134, the compensation and royalties committee 
shall also take into account the following factors: 
(1) the capacity ill which the employee was employed; 
(2) the nature of the connc:ction between the inv:::ntion and the employee's work; 
(3) the employee's initiative in making the invention; 
(4) the possibilities of exploiting the invention and its actual exploitation; 
(5) expenses reasonable under the circumstances incurred by the employee in 
order to secure protection for the invention in Israel. IP/N/lIISRlPIl 
Page 36 
Reconsideration 
136. The compensation and royalties committee is competent to reconsider a decision 
under section 134 if, in its opinion, the circumstances which existed at the time of the 
decision have changed and if it was requested to reconsider it; however, the 
committee may order the applicant to pay costs if, in its opinion, the application was 
not in place. 
Obligation of State employee to give notice of invention 
137. If a State employee, soldier, policeman or employee of a State enterprise or institution 
designated by the Minister of Justice by order, or if another person who receives his 
pay from the State or from any of those enterprises Or institutions, made an invention 
during the period of his service or within six months after the end of the period of his 
service within the scope of his functions or within the scope of work of the unit in 
which he was employed, then give notice to the State Service Commissioner 
(hereafter: Service Commissioner) or to another public servant, as prescribed; a said 
notice shall be delivered as soon as possible after the invention was made,. but not 
later than the date on which the inventor proposes to submit a patent application for 
it, and in the manner prescribed in consultation with the Minister of Finance. 
State employee forbidden to submit application abroad 
138. A person who must give notice under section 137 shall not submit abroad an-­
application for a patent or for other protection for his invention, unless one of the 
following applies: 
(1) he received permission therefor in advance from the Service Commissioner or 
from another public servant authorized for that purpose; 
(2) it was not decided -by si.""{ months after the day on which he gave notice of his 
invention under section 137 -that his rights in the invention passed, in whole 
or in part, under section 132 or by agreement, to the State enterprise or State 
institution where he worked. 
Obligation to disclose particulars. 
139. If a person gave notice under this Chapter or if he was under obligation to give said 
notice, then he must disclose to his emplciyer, at any time,.aU the particulars of the 
invention and any further particular of importance to the subject of sections 132, 135 
or 140. 
Obligation to help obtain protection for service invention 
140. If a person made a service invention and if the ownership of it passed, in whole or in 
part, to his employer under section 132 or by agreement, then he must do everything 
required of him by the employer in order to obtain protection for the invention to the 
employer's benefit in any place whatsoever, and he must sign uny document required 
therefor; if he does not do so, then the Registrar may permit the employer to do so 
after he has given the employee an opportunity to state his arguments. 
Obligation of secrecy 
141. As long as no patent applil.:ation has been submitted for a service invention, the 
employee, the employer and any person to whom the malter was confided shall not 
disclose particulars of the invention. CHAPTER NINE: PATENT ATTORN'EYS IP/N/l/ISRlP!l 
Page 37 
Eligibility for registration in the Register of Patent Attorneys 
142. (a) If a person meets the following requirements, then he is entitled to be 
registered in the Register of Patent Attorneys and to receive a patent attorney's 
(b) license: 
(1) 
(2) he is an Israel resident; 
one of the following holds true for him: 
(a) he is registered as an engineer in the Register of Engineers and 
Architects under the Engineers and Architects Law 5718-1958; 
(b) he graduated from an institution of higher education, within its 
mea!'ing in the Council for Higher Education Law 5718-1958, in 
one oUbe professions specified in the Schedule; 
(c) he graduated abroad, at an institution of higher education or a 
higher technological institute approved for the present purpose 
by the Minister of Justice after consultation with the Council for 
Higher E~ucation, in one of the professions specified in the 
Schedule; . 
(3) he has passed the examinations said in section 143 or was exempted 
from them; 
(4) he performed qualifying service in Israel during not less than two years 
in the Office of a patent attorney who practices his profession for at 
least three years, at the Patent Office or in the patent department of an 
industrial enterprise; 
(5) he paid the prescribed fee. 
The Minister of Justice may, with the approval by the Knesset Constitution, 
Law and Justice Committee, add to the fields of specialization enumerated in 
the Schedule. 
Examination 
143. (a) If a person wishes to be registered in the Register of Patent Attorneys, then he 
must pass an examination in the prescribed manner in order to prove that he 
has an appropriate knowledge of the Law of patents, designs and trade marks 
of Israel and in foreign countries and of other relevant enactments, all as 
prescribed, and that he has command of the Hebrew language and of at least 
one other language required for his work, as prescribed. 
(b) The examination shall be conducted by two or three examiners, among them 
not more than one patent attorney, and in each case they shall be selected by 
the Minister of Justice -or by a person appointed by him for that purpose -
from a panel of examiners determined by the Minister. 
(c) The Minister of Justice may e;,empt categories of candidates from the 
examination if it can be proved in some other prescribed manner that they 
possess the knowledge required in an examination under subsection (a). 
Shortening period of qualifying service 
14-1.. The Minister of Justice may prescribe that categories of candidates be exempt from 
all or some of the obligation of qualifying service under section 142(4). 
Payment of fee - a condition for registration 
145. If a person was registered in the Register of Patent Attorneys, then he shall be given IP/N/lIISRJPIl 
Page 38 
a patent attorney's li:ense and shall be registered in that Register as long as he pays 
the prescribed fee at the prescribed times. 
Disciplinary committee 
140. The Minister of Justice shall appoint, in general or for a particular case, a disciplinary 
committee of three members, including a person qualified to be a judge, who shall be 
the committee chairman, and two other members, of whom .at least one shall be a 
patent attorney. 
Submitting of Complaint. 
147. (a) Any person may submit a complaint against a patent attorney to the 
·disciplinary committee. 
Cb) If the Minister of Justice did not appoint a general disciplinary committee, then 
the complaint shall be submitted to the Minister of Justice, and he shall 
appoint a committee under section 146 and refer the complaint to it. 
Disciplinary offenses and their penalties 
148. (a) If the disciplinary comm"ittee finds that a patent attorney -
(1) was convicted of a criminal offense that involves dishonor; 
(2) permitted his name as a patent attorney to be used for the benefit of a 
person who is not a patent attorney; 
(3) displayed inability, irresponsibility or negligence in the performance of 
his tasks as a patent attorney; " 
(4) acted unfairly in his professional work or in a manner inappropriate to 
the profession of a patent attorney; 
(5) violated one of the rules of professional ethics; 
then the committee shall adopt one or more of the following measures against 
him: 
warning, 
reprimand, 
a fine as said in section 61(a)(1) of the Penal Law 5737-1977; 
prohibition -to work as a patent attorney during a period of not more 
than five years; 
removal of his name from the Register. 
(b) The disciplinary committee's decision shall be in \vriting, and it shall be 
delivered to the complainant and to the patent attorney in a matter which it 
shall prescribe. 
Appeal 
149. A patent attorney may -within 30 days after he was served notice of the decision -
appeal before the District Court against the disciplinary committee's decision to 
. impose punishment on him as said in section 148, including the decision to make its 
decision public, and the person who submicted acomplainc against a patent attorney 
under this Chapter may appeal as aforesaid against a disciplinary committee decision 
or against its dismissal of his complaint. 
Rules of p~ocedure of disciplinary committee 
150. A disciplinary committee shall try a patent attorney or take evidence only in his 
presence, after he was summoned to appear before it and after he was informed of 
the complaint; before the decision is given, he shall be given an opportunity to have IP/NIl/ISRlPI 1 
Page 39 
his say; if the patent attorney does not appear before the committee after he was 
summoned a second time, then the committee may try him, take evidence and hear 
the matter in his absence and it may give its decision without he having had his say. 
Powers of disciplinary committee 
151. A disciplinary committee has all the powers of a committee under section 115(a). 
Implementation 
152. (a) The Registrar shall enter in the Register the disciplinary punishment, which the 
disciplinary committee decided to adopt against the patent attorney. 
(b) The Registrar shall not implement the decision of the disciplinary committee 
as long as the period of appeal under section 149 has not passed; if an appeal 
was submitted, then the Registrar shall not imp"lement the decision until the 
District Court has made its judgment. 
(c) The entry in the Register under this section shnll be published in Reshumot, 
if the committee so decided. 
S.wing of laws 
153. The conviction or acquittal of a person in disciplinary proceedings under this Chapter 
shall not derogate from any power to bring criminal proceedings or other disciplinary 
proceedings against a person becnuse of the grounds that were the basis for a'­
disciplinary proceeding under this Law. 
Rights of patent attorneys 
154. (a) Patent nttorneys have the exclusive right to deal in Israel, for remuneration, 
with applications for patents, designs and trade marks and with the preparation 
of any document to be submitted to the Registrar, the Office or to an authority 
for the protection of industrial property in another country, to represent the 
_ parties and to handle and represent in any proceeding before the Registrar or 
in the Office. -
(b) This section does not derogate from the right of an advocate or of a State 
employee to perform the said acts within the scope of his functions. 
Right of representation in Court 
155. A patent attorney shall, by the Court's permission, have the right to plead in Court 
on behalf of a party to proceedings under this Law on any matter that relates to an 
invention or a patent and is not a point of Law, on condition that the advocate of that 
party is present at the time. IP/NIIIISRlPI 1 
Page 40 
CHAPTER TEN: OFFICE AND REGISTR:\.R 
Patent Office 
156. An office shall be established and called the Patent Office, and it shall, through the 
Registrar, the examiners and its other personnel perform the activities assigned to it 
by this Law and also - . 
(1) give information to the public about patents that were granted; 
(2) maintain a library and a publication service on patents; 
(3) maintain contact with international organizations that deal with the protection 
of industrial property; 
(4) maintain COI\tac:t with ir:sti~u.tions in Israel and abroad, on condition that any 
contract signed with a said "institution be in compliance with the provisions of 
all enactments, and that a contract under s.eclion 18 include a section. with 
\vording approved by the Registrar on maintaining secrecy about all patent 
applications and non-revelation of information. 
Registrar 
157. (a) 
(b) 
(c) The Office snall be headed by the Registrar of Patents, who shall be appointed 
by the Minister of Justice. 
The Registrar shall be a person qualified to be a judge of a District Court. 
In the performance of his judicial functions under this Law the Registrar shall 
be subject ta no authority other than that of the Law. 
Deputy Registrar 
158. (a) The Minister of Justice may appoint a Deputy Registrar. 
(b) The Deputy Registrar shall be a person qualified to be a judge of a District 
Court or a person who was registered during at least five years in the Register 
of Patent Attorneys. 
(c) A Deputy Registrar may carry out any function assigned to the Registrar by. 
this Law, except functions assigned to him by sections 109 and 157; he may 
exercise any powers vested in the Registrar, except his powers under sections 
34, 73, 133 and under Chapters Seven and Nine. 
(d) Any act validly performed by a Deputy Registrar shall, for the purposes of this 
Law, have the effect of an act performed by the Registrar. 
Exercise of power by the Registrar 
159. The Registrar shall exercise a power conferred on him by this Law after giving any 
person who in the Registrar's opinion is liable to be adversely affected by his decision 
an opportunity lo ?resent his arguments before him. 
Decisions by Registrar to be in writing 
160. Decisions by the Registrar shall be in \J,.Titing and shall be delivered in the prescribed 
manner to every person who was a party to the proceedings in which the decision was 
made. 
Objection to acts of examiner 
161. It is permissible to object to any decision or act of an examiner and to request that 
the matter be brought before the Registrar. Proceedings in contested cnse IP/N/1/ISRJPIl 
Page 41 
162. (a) In any contested case brought before the Registrar under this Law, the 
Registrar shall give the parties an opportunity to produce their evidence and 
to present the:r arguments in writing and orally in the prescribed manner and 
form and at the prescribed time. 
(b) The Registrar may order the payment of reasonable costs and he may direct 
which of the parties shall pay the costs and how they shall be paid.· 
(c) An order under subsection (b) may be executed, as if it were a Court 
judgment. 
Evidence before the· Registrar 
163. (a) Subject to any provision in this·.Law or in regulations under it, evidence shall 
be given before the Registrar by written ~fidavit and the Registrar shall permit 
the person· who made the affidavit to be cross-examined., if he was requested 
to do so and if he sees no reasonable cause why he should not permit it. 
(b) In taking oral testimony, the Registrar shall have all the powers of a Court on 
the swearing of witnesses, the acceptance of declarations from them and 
compelling witnesses to attend, and on other matters connected thereto and to 
the giving of testimony. 
Extension of time 
164. (a) The Registrar may, if he sees reasonable cause for doing so, extend any time 
prescribed by this Law or by regulations under it for the performance of 
anything at the Office or before the Registrar, except for the times prescribed 
in sections 30, 56, 57, 61, 64F, 64M; however, for purposes of section 10 -
(1) the Registrar shall not extend the time prescribed by subsection (a)(l), 
unless he is satisfied that the application in Israel was not submitted on 
time because of circumstances over which the applicant and his 
representative had no control and which could not be prevented; 
(2) the Registrar shall extend the time prescribed by subsection (a)(2) only 
as long as the application has not 'yet been accepted and if he is satisfied 
that a mistake was made innocently. 
(b) The Registrar may make the extension of times conditional on conditions as he 
deems fit. 
(c) An application for extension of a time may be submitted within the time or 
after it. 
(d) Notwithstanding the provisions of subsections (a) and (b) and the provisions 
of any other Law, if the last day of the period prescribed in section 10(a)(1) 
falls on a day that is not a \vork day, then the period shall end on the first 
work day thereafter; this provisions does not derogate from the power to 
extend beyond the time prescribed in section 10(a)(1). 
Confidentiality of documents of Office 
165. (a) The Registrar and every Olher employee of the Office, and also eve:y other 
person to whom information was given by virtue of section 18(a)(1), 95, 96, 100, 
101 or 109, shall keep every patent application confide:1tial, as long as it has 
not been published under section 26, and thal when there is no other provision 
in this Law. 
(a1) The provisions of subsection (a) shall not apply to -
(1) particulars made public under section 16; 
(2) refusal by the Registrar under section 21; IP/N/lIISRlPIl 
Page 42 
(3) the fact that an application was cancelled by the applicant under section 
21B. 
(b) A person shall not disclose any i..!1formation which reached him in the 
implementation of this Law and which is not open to public inspection, except 
when that is necessary in order to comply with provisions of this Law or in 
order to bring a crirrJnal action under it. 
Register of Patents 
166. (a) A Register of Patents shall be kept at the Office, and in it shall be entered the 
matters prescribed in this Law and additional particulars which have been 
prescribed or which the Registrar thinks should be entered. 
(b) If. in. a proceeclin,g und~r this Law, a person gave his address to tbe Office, 
then that address shall be his address for the service of notices and documents 
on any matter under this Law. 
Documents of the OfficI! 
167. All documents held by the Office and relating to the examination of a patent 
application by the Office, to the validity of or to rights in a patent or to any other 
matter that may affect the validity of a patent or of rights in it -except internal 
correspondence between members of the Office and other documents for which 
regulations make other provisions -shall be retained at the Office during at least 
seven years after the day on which the effect of the patent expired. 
Inspection by public and receipt of certified extracts 
168. (a) The Register and the documents that must be kept under section 167 shall be 
open for inspection by the public; however, documents that relate to a patent 
application not yet published under section 26 shall not be open for inspection. 
(b) Every person shall be entitled to receive an extract certified by the seal of the 
Office of anything in the Register or in any document open for inspection 
under this section, if he applied therefor in the prescribed manner and paid the 
prescribed fee. 
Registration of transfer of dghts 
169. (a) The transferee of rights in a patent or in an invention for which a patent 
application was submitted may apply to the Registrar for registration as owner 
of those rights, and if the transfer was proved to the Registrar's satisfaction 
and the prescribed fee was paid, then the transfer of the rights shall be entered 
in the Register or in the application file. 
(b) The Minister of Justice may prescribe ways for service of judgments that 
prescribe a transfer of rights in a patent or in an invention for which a patent 
application was submitted; if the Minister has so prescribed and if a judgment 
was served on the Registrar in the said manner, then, notwithstanding the 
provisions of subsection (a), the Registrar shall enter the transfer prescribed 
by the judgment. 
Correction of entries and documentS 
170. (a) On application by an interested persor., to be submitted in the prescribed 
manner and form, the Registrar may correct an entry in the Register and in 
every document issued by him or submitted to the Office if, in his opinion, the 
Register or document does not reflect the facts, and that when no other way 
of making the correction is provided by this Law. IP/N/l/ISRlP/l 
Page 43 
(b) The Registrar shall give notice in Reshumot of an application for correction 
under this section; however, if application was made to correct a patent 
application or to correct a document related to it, then he shall publish notice 
of the applic<ltion only after the notice under section 26 that the patent 
application was accepted. 
(c) Every person may submit" opposition to an o.pplication for correction within 
three months after the application for correction was made public under 
subsection (b). 
(d) Law procedure on an opposition under this section shall be like law procedure 
on an opposition under section 30. 
Correction of clerical error 
171. The Registrar may, if requested to do so in the prescribed form and manner, correct 
a clerical error in the Regi~ter or in a document issued by him or by the Office. 
Correction on the Registrar's initiative 
172. The Registrar may also make a correction under sections 170 and 171 on his own 
initiative, after he has given every person who in his opinion is liable to be adversely 
affected by the correction an opportunity to state his arguments. 
Restriction on admission of documents that attest rights in patent 
173. (a) No document or deed, in which a patent, an invention for which a patent 
application was submitted or an interest in a said invention or in a patent is 
transferred, shall be admitted in Court as evidence of title to the invention, 
patent or interest, unless it was registered under section 169 or unless the 
Court sees a reason for admitting it. 
(b) Notwithstanding the provision of subsection (a), aforesaid documents shall be 
admitted as evidence in any proceeding on a correction of the Register under 
section 170. 
Right of Appeal 
174. (a) If a person deems himself injured by a decision of the Registrar in conclusion 
of hearings in a proceeding before him under this Law, in"cluding a decision 
not to hear him under section 159, then he may appeal against it before the 
Court within the prescribed time. 
(b) If a person deems himself injured by any other decision of the Registrar under 
this Law, then he may appeal against it before the Court after he was given 
permission to do so by the Court or by the Registrar. 
For purposes of this section, "other decision" -any other decision that does not 
conclude hearings in a proceeding held before the Registrar. 
Respondents in the appeal 
175. Every person who was a party to the proceedings before the Registrar, other than the 
appellant, shall be the respondent; if there is no other po.rty, then the Registrar shall 
be the respondent. 
Hearing in camera 
176. An appeal against a decision of the Registrar who refuses to accept a patent 
application before publication under section 26 shall be heard in camera, unless the 
Court ordered otherwise on the appellant's application. IPIN/1/ISRJPIl 
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Evidence in appeal 
177. The Court that hears the appeal may take evidence, including evidence already taken 
by the Registrar and also other evidence, and it may demand that that evidence be 
brought by affidavit or in another manner which it deems appropriate; if evidence is 
brought by affidavit, then section 163(a) shall apply, mutatis mutandis. 
CHAPTER ELEVEN: INFRINGEMENT OF PATENT 
Action for infringement 
178. (a) Only the patent holder or an exclusive licensee are entitled to bring action for 
infringement. 
(b) In the case of a jointly owned patent, each partner may bring action for 
infringement. 
(c) If the patent holder or some of the p1rtners to the patent or the exclusive 
licensee did not join the action [or infringement as plaintiffs, then they shall be 
joined by the plaintiff as defendants. 
(d) If a person was joined as a defendant under this section, but did not take part 
in the proceedings, then he shall not be required to pay costs. 
Time for submitting action for infringement 
179. Action for infringement shall be brought only after the patent was granted; however, 
if action for infringement was brought, then the Court may grant relief for an 
infringement committed after the date of publication under section 26. 
Exploitation of forfeited product 
180. The exploitation of a patented product which was validly forfeited to the State shall 
not constitute infringement. 
Use of patents in foreign vessels, aircraft and vehicles 
181. The following shall not be deemed infringements: 
(1) the use of an invention patented in Israel in the body of a vessel registe.red in 
a Convention State other than Israel, in its machinery, tackle, apparatus or 
other accessories, when the vessel is temporarily or incidentally in Israel 
territorial waters, on condition that the exploitation is exclusively for the needs 
of the vessel; 
(2) the use of an invention patented in Israel in the construction or operation of 
an aircraft or land vehicle registered in a Convention State other than Israel, 
or of the accessories of such an aircraft or land vehicle, when they are 
temporarily or incidentally in IsrOlel. 
That the patent is not valid -defence for infringement 
182. (a) Any grounds, on which the grant of a patent may be oppos~d, shall be a good 
defence in an action for infringement; if the Court accepted the defence, then 
it shall order the patent to be-c::mceUed in whole or in part, as the case may 
be. 
(011) Grounds, on which it is possible to oppose the grant of an extension order, 
shall be a good defense in a suit for violation of an extension order; if the IP/N/lIISRlP/1 
Page 45 
Court accepted the defense, then it shall order the extension order to be 
cancelled. 
(b) The Laws of prescription shall not apply to a dcfense under this section. 
Relief in action for infringement 
183. (a) In an action for infringement, the plaintiff shall be entitled to relief by way of 
injunction and compensation. 
(b) In awarding compensation, the Court shall take. account of the act that 
constitutes the infringement and of the plaintiffs situation in consequence of 
that act, and it may also take into account -
(1) the direct damage caused to the plaintiff; 
(2) the extent of the infringement; 
(3) the profits derived by the infringer from the act of infringement; 
(4) reasonable royalties which the infringer would have had to pay, if he had 
been granted a license to exploit the patent to the extent to which he 
infringed it. . 
(c) If an infringement was committed after the patent holder or exclusive licensee 
warned the infringer, then the Court may order the infringer to pay punitive 
compensation, in addition to the compensation which it adjudged under 
subsection (b), in an amount that does not exceed that compensation. 
(d) If action was brought for compensation, then the Court may order the· 
defendant to render an account of the extent of the infringement; however, in 
fL-ong the amount of compensation, the Court shall not be bound by the 
account, but may set the amount of compensation according to all 
circumstances of the case; this provision shall not derogate from the Law 
Procedure Regulations on the rendering of accounts. 
Restriction on award of compensation in case of partially cancelled patent 
184. If part of a patent, for the infringement of which action was brought, has been was 
cancelled, that fact alone shall not deny the plaintiff compensation for the 
infringement; however, the Court may refrain from awarding compensation if the·· 
claims in the specification of the original patent were not worded in good faith or 
were not worded clearly. 
Compensation in the case of a patent, the specification of which was amended 
185. If a patent was infringed before permission was given to amend one of the claims in 
the specification, and if action for compensation for the infringement was brought 
after that permission was given, then the Court'may refrain from taking the permission 
to amend into account, if the claims in the specification of the original patent were 
not worded in good faith or were not worded clearly. 
Compensation in the case of a patent that was renewed 
186.' The Court may refrain from awarding compensation for the infringement of a patent 
which was commilted in the period between the time for payment of the fee under 
section 56 and its actual payment under section 57. 
Declaration of non-infringement 
187. (a) If a person intends to exploit any product or process, then he may apply to 
the Court for a declaration that the said exploitation does not constitute an 
infringement of the patent specified in the application. IPIN/1/ISRlP/1 
Page 46 
(b) The patent holder and the exclusive licensee shall be the respondent to the 
application. 
(c) The Court shall not grant the declaration, unless the applicant gave the patent 
holder full particulars of the product or process he wishes to use, has asked 
him for the declaration for which he applies to the Court, and the respondent 
has refused to make it or has not made it within a reasonable period; however, 
the Court shall not reject a petition only because, the Court believes that it was 
submitted before a reasonable time for the respond~nt making the declaration 
had passed. 
(d) The parties' costs shall be borne by the applicant for the declaration, unless the 
Court ordered otherwise. 
(e) In proceedings under this section the argument that the patent is invalid shall 
not be heard, and the grant or refusal of the declaration shall not be decisive 
9n the question of the patent's validity. 
Means of enforcement 
187A. in proceedings under this Chapter the Court may resort to the means of enforcement 
enumerated in sect!on 18C. 
CHAPTER TWELVE: JURISDICTION AL'fD PENALTIES 
Court competent under this Law 
188. (a) The Court for the purposes of this Law, except for actions for infringement, 
shall be the District Court of Jerusalem; however, the Minister of Justice may, 
by order, direct that the powers of a Court under this Law shall also vest in 
other District Courts which he designated. 
(b) The Court for actions for infringement shall be the District Court which has 
jurisdiction in the matter under any other enactment. 
Scientific :ldviser 
189. (a) In proceedings under this Law, the Court may appoint a scientific adviser, who 
shall assist it in taking evidence and shall advise it, but who shall not take part 
in making jUdgment. 
(b) The scientific adviser's remuneration shall be set by the Court and paid out of 
the State Treasury. 
Authority to order amendment of specification 
190. In any proceeding under this Law, the Court may, on the application by the patent 
holder, order the specification to be amended for the reasons said in section 65 or 69, 
and the provisions of sections 66 and 67 shall apply to it mutatis mutandis. 
Powers of Court in case [If referral to Registrar 
191. If the Court permitted the Registrar to hear an application for amendment under 
section 70 or an a?plication for cancellation under section 74, then it may stay the 
proceedings in an action pending before it in the matter of that patent, for a period 
and on conditions which it shall prescribe, but each party may apply to the Court at 
any time that it change the stay order or cancel it. IP/N/IIISRlPIl 
Page 47 
Penalty for pretending to be patent attorney 
192. (a) The following shall be liable to a fine of IL 5,000: 
(1) a person who performs any act reserved by this Law to a patent attorney 
while he is not a patent attorney; 
(2) a person who pretends to be a patent attorney and is not a patent 
attorney; 
(3) a person who performs any act reserved by this Law to a patent attorney 
while his patent attorney's license is suspended. 
(b) Subsection (a)(l) shall not apply to an advocate or to a State employee who 
acts in the discharge of his functions, as said in section 154(b). 
Acts that impair nati()nal security or the State's economic strength and disclosure of 
secrets 
193. (a) H a person publishes or passes information in violation of a direction issued 
under section 94 or 99, or if he violated provisions of sections 98, 103, 114, 
137, 138 or 165, then he shall be liable to two years imprisonment or to a fme 
of IL 20,000. 
(b) 
(c) Courts in Israel are competent to try an offense under section 98, 103, 138 ann 
165, which was committed abroad. 
The provisions of this section shall add to, and not derogate from the 
provisions of any other enactment. 
CHAPTER THIRTEEN: IMPLEMENTATWN AND REGULATIONS 
Implementation and Regulations 
194. The Minister of Justice is charged with the implementation of this Law and he may -
wilh approval by the Knesset Constitution, Law and Justice Committee -make 
regulations for its implementation, including the regulation of -
(1) registration procedures; 
(2) Law procedure in proceedings under this Law; 
(3) the form of the application, and specifications and ways of demonstrating the 
invention in the specification; 
(4) the fe:es payable for applications submitted to the Office or for acts of the 
Office,· for the registration or renewal of patents and for other matters to be 
prescribed, for which a fee is payable; 
(.J.a) (a) the fees to be paid: 
(1) under Chapter Three "A"; 
(2) for acts by the Office on other matters, regulations prescribing 
that a fee must be paid for them; 
(3) for acts which the Office must perform under the Convention, as 
defined i:1 section ~A, on condition th:lt the said Convention 
provides that fees may be collected for them; 
(b) procedures for the payment of fees required under the Convention and 
times for their payment. 
(5) the publication and sale of abridgments of specifications and drawings on 
behalf of the Registrar and the regulation of other publications produced by 
the Office; IP/N/lIISRlPIl 
Page 48 
Effect (6) the preparation, printing, publication and sale of patent specifications by the 
Office; 
(7) the procedure for registration of patent attorneys in the Office; 
(8) procedures for the submission of international applications under Chapter 
Three "A", and their handling; 
(9) setting times for the payment of fees and for performing acts required under 
this Law; 
(10) rules of professional ethics for patent attorneys; 
(11) law procedure for applications for the grant of an extension order of a patent, 
for opposition to the grant of an extension order and for applications to cancel 
an extension order; 
(12) ways of delivering notUications to the Registrar by the holder of a basic patent, 
in respect of which an extension order was granted; 
(13) the fees payable for the Office's activities on matters of extension orders. 
CHAPTER FOURTEEN: EFFECT A.l'l'D TRANSITIONAL PROVISIONS 
195. This Law shall go into effect on April 1, 1968, and from that day onwards the Patents 
and Designs Ordinance shall no longer apply to the grant of patents, to inventions and 
to the validity thereof; however -
(1) the said Ordinance shall apply to a patent granted before this Law came into 
effect on any matter that relates to its patentabiIity and validity; 
(2) a patent under an application, in respect of which notification was sent under 
section 10 of the Ordinance shall be given in the manner prescribed in the 
Ordinance, and once it has been granted, then paragraph (1) shall apply to it; 
(3) a Register kept under the Ordinance shall be treated like a Register kept 
under this Law; 
(4) a person appointed to be Registrur under the Ordinance shall be deemed to 
have been appointed Registrar under this law. 
Transitional provision concerning patent agents 
196. As of the day on which this Law goes into effect, no person shall deal with the 
registration of patents, unless he is registered as a patent attorney under this Law or 
is an advocates or a State employee in the performance of his duties as said in section 
154(b); however -
(1) an individual registered as a patent agent under the Patents and Designs 
Ordinance is entitled to be registered as a patent attorney under this Law; 
(2) an individual who is a partner in a ftrm registered as a patent agent under the 
Ordinance and an individual employed by a said firm is entitled to be 
registered as a patent attorney under this Law if they engaged -to the 
Registrar's satisfaction -to a considerable extent in work reserved by this Law 
to a patent attorney; on condition that they apply for aforesaid registration 
during the period between the publication of this Law in Resllllmot and its 
going into effect when they have done so they shall have to pay a registration 
fee under section 142(5). 1. Engineering 
2. Chemistry 
3. Physics 
4. Biology 
5.' Pharmacy SCHEDULE 
(Section 142) 
6. Computer science IP/N/1/ISRJP/1 
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