Patent Filing Israel

Israel is a contracting state of the Patent Cooperation Treaty (PCT), allowing applicants to enter the National Phase Filing and pursue patent protection directly in the country based on their international application. Once nationalized, the application is examined and prosecuted under Israeli patent law, which is known for its robust quality of examination and Israel Patent Search, clear legislative standards, and strong enforceability of granted patents.

A granted Israeli patent provides exclusive rights to prevent others from making, using, selling, offering for sale, or importing the patented invention within the country. The national phase route ensures that applicants who first file internationally under the PCT can seamlessly extend their protection to Israel without the need to file separate initial applications.

Israel’s patent environment supports innovation across numerous industries, including pharmaceuticals, biotechnology, cybersecurity, semiconductors, medical devices, AI technologies, and advanced manufacturing.

Who is Eligible for Israel Patent Filing

Any applicant with a valid international PCT application may enter the national phase in Israel, including:

• Individual inventors
• Domestic and foreign companies
• Universities and R&D institutes
• Startups, venture-backed companies, and technology firms
• Government agencies

Foreign applicants must appoint a licensed Israeli patent attorney or agent to represent them before the Israel Patent Office. This ensures compliance with all procedural requirements, handling of examination, timely responses, and prosecution strategy.

Critical Deadline to file Patent in Israel(30-Month Rule)

Israel applies a strict 30-month deadline from the earliest priority date for national phase entry. The following must be completed on or before the deadline:

• Submission of national phase request
• Filing of specification in English or Hebrew
• Payment of national phase entry fees
• Appointment of local representative
• Submission of required documents

Failure to file within the 30-month period typically results in loss of rights unless restoration procedures apply.

Extensions After the 30-Month Deadline

Israel generally does not extend the 30-month deadline automatically. However, applicants may petition for restoration of rights in cases where the failure to file on time was unintentional or occurred despite exercising due care.

Restoration is discretionary and evaluated on a case-by-case basis. Applicants should therefore treat the 30-month deadline as final and avoid reliance on restoration mechanisms.

Filing Language for Israel Patent Application

Israel accepts PCT national phase applications filed in:

• English, or
• Hebrew

If the international application is in another language, the applicant must provide a translation into one of the permitted languages. English is commonly used by foreign applicants. Translations must be accurate and complete, as inconsistencies may adversely impact examination or future enforcement.

Required Documents to File a Patent in Israel

To enter the national phase in Israel, the following documents and elements are required:

1. National Phase Entry Request: A formal application to nationalize the PCT filing.
2. Patent Specification: In English or Hebrew, including claims, description, abstract, and drawings.
3. Power of Attorney (POA)

• • Must be signed by the applicant.
  • No notarization or legalization required.
  • A simple signed, scanned copy is accepted.

4. Assignment (if necessary): Required when the applicant differs from the inventor.
   A simple signed copy is sufficient; no legalization needed.
5. Priority Documents: If not already filed during the international phase.
6. Address for Service in Israel: Mandatory for foreign applicants.

Providing all required documents early helps streamline prosecution, avoid delays, and ensure compliance.

Israel Patent Search and Examination Procedure

After national phase entry, the application undergoes:

1. Formality Review: Verification of documents, translation, fees, and representation.
2. Substantive Examination: Conducted upon request and fee payment.
   The examiner evaluates:
   • Novelty/Patentability Search
   • Inventive step
   • Industrial applicability
   • Claim clarity and support
   • Compliance with statutory requirements

Israel is known for thorough patent examination, particularly in high-tech and pharmaceutical sectors.

Examination Process and Office Actions

During examination, the Israel Patent Office may issue office actions addressing:

• Prior art rejections
• Lack of inventive step
• Insufficient description or clarity
• Claim overbreadth
• Formal errors in translation or drawings

Applicants must respond within the prescribed deadline. Failure to respond leads to abandonment.

Responses may include:

• Claim amendments
• Technical arguments
• Clarifications of the invention
• Supporting documents

Strategic, high-quality responses significantly improve grant outcomes.

Deadline for Requesting Examination

A request for substantive examination must be filed within a set period after national phase entry. The examination fee must also be paid.

If the request is not submitted on time, the application may become abandoned and cannot proceed to grant.

Publication Process and Legal Impact

Applications are published by the Israel Patent Office once the basic requirements are met. Publication:

• Provides public notice of the pending patent
• Allows third-party observations
• Creates a deterrent effect against competitors
• Establishes early rights for damage assessment (post-grant)

Publication does not grant enforceable rights but enhances strategic positioning.

Grant Process and Enforceability

After successful examination and clearance of all objections, the Patent Office issues a Notice of Allowance. The applicant then pays the grant and publication fee.

Upon grant:

• The patent becomes fully enforceable
• The owner may pursue injunctions and damages
• Licensing and commercial exploitation become legally secured
• The patent is recorded in the official register

Israel’s judiciary is well-developed in IP enforcement, making granted patents commercially valuable and enforceable assets.

Validity Term

A patent in Israel is valid for 20 years from the filing date (international Patent filing date for PCT applications), subject to timely payment of annuity fees.

Typical Time to Grant

The timeframe for the grant typically ranges from:

2 to 5 years, depending on:

• Field of technology
• Examiner workload
• Complexity of issues
• Applicant responsiveness

Accelerated examination is available for applicants seeking an earlier grant.

Annuities and Maintenance Procedure

Patent annuities must be paid annually to maintain the patent.
Key points:

• Fees increase in stages depending on patent age
• Late payments may incur surcharges
• Failure to pay results in a lapse of rights
• Payments can be made in multi-year blocks for convenience

Continuous annuity management is essential for preserving enforceability.

OFFICIAL GOVERNMENT FEES TO FILE A PATENT IN ISRAEL (ILS)

(No links, no citations – official fee table format preserved as requested)

NATIONAL PHASE ENTRY & FILING FEES

EXAMINATION & FAST-TRACK FEES

GRANT & PUBLICATION FEES

Utility Model Protection

Israel does not offer a separate utility model or short-term patent system. All protection must be sought through the standard patent route.

Israel Patent Office & Official Website

Official Website: Israel Patent Office