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Accelerating the examination of patent applications

With the ever-increasing number of patent applications being filed and a limited Patent Office staff, examination could begin years after filing an application.  The long waiting period is a problem, but in some cases when the applicant has reasonable grounds to accelerate the examination of the application, he/she can apply for immediate examination and, if approved, the examination process begins within several months instead of several years.

Grounds for accelerating an examination

An applicant can request to accelerate an examination on reasonable grounds.  The law provides for the following six grounds for accelerating an examination:

  1. the advanced age or medical condition of the applicant;
  2. the results of an examination of a parallel application in another country;
  3. the application is waiting to be examined a very long and unreasonable time compared to other applications of the same type;
  4. if someone is using or there is a concern that someone is using the claimed invention without the applicant’s permission; 
  5. there are special circumstances that justify it.
  6. the public’s best interest;


In order for competitors to continue their activity in a certain field without fear that they may infringe a patent in the future, if and when it is accepted by the Patent Office, or alternatively, in order for competitors not to stop their activity and eventually find out that a patent application was not accepted.

Paragraph 19 A(C) of the Law allows competitors or any person acting on their behalf to submit a request (accompanied by an affidavit) for immediate examination of a patent application published according to paragraph 16(A) of the Law on one of the following grounds:

  1. there is concern that the competitor may have to delay the development or the production of a product or a process that is claimed in the patent application;
  2. the application is waiting to be examined a very long and unreasonable time compared to other applications of the same type;
  3. the public’s best interest;
  4. there are special circumstances that justify it.


How to request accelerated examination

It is recommended to find out the status of your patent application first and only then decide whether to request expedited examination.

Your patent attorney will prepare and file the request for examination accompanied by a signed declaration and non-refundable Patent Office fees.  Ask Dr. Sharona Lahav to learn more about accelerating examination of your patent application.


What is a green application?

In 2009 the Patents Registrar issued a notice announcing that the Israel Patent Office will give examinations of “green” patent applications priority. The Patent Office defines “green” applications as inventions that helps improve the environment, among other things, helps hinder global warming, reduce air or water pollution, promotes non-polluting agriculture and more. The purpose of the Registrar’s notice is to encourage inventions of this kind as well as facilitate the implementation of those inventions in the quickest way.

There is no required fee or affidavit for considering the application as a “green” patent application and expediting the examination. Your patent attorney simply submits a request letter briefly describing how the invention helps improve the environment.  If the Patent Office accepts the request and classifies the application as “green,” the examination will start within three months.  Ask Dr. Sharona Lahav to learn more about protecting your green invention and making this world a better place to live.

Dr. Sharona Lahav - Patent Attorney    
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