It is possible to request allowance of an Israeli Patent Application under Sec. 17(c) based on the grant of certain corresponding patents. Requesting the allowance under this provision may avoid further examination of the case with regards to novelty (Sec. 4), inventive step (Sec. 5), unity of the invention (Sec. 8), sufficient enabling disclosure (Sec. 12) and support for the claims (Sec. 13), thereby possibly expediting the grant of the Israeli patent.
In order for the application to be allowed under Sec. 17(c), the application must meet several conditions, as specified in the Law:
- The applicant must request allowance based on the grant of a corresponding patent in one of the following countries:
Australia, Austria, Canada, Denmark, Europe, Germany, Japan, Norway, Russian Federation, Sweden, the UK and the USA.
A corresponding patent in this respect constitutes one of the following:
- a patent that claims priority from the Israeli patent application;
- a patent, the application from which the Israeli application claims priority;
- a patent that claims priority from the same application of which the Israeli application also claims priority;
- The claims in the Israeli application are identical to the claims in the corresponding granted patent, or a subset of the claims in the corresponding granted patent.
- An English translation of the claims must be provided in cases where the corresponding patent is not in English.
In cases where proceedings for opposition or cancellation of the corresponding patent are in progress, the applicant must notify the Registrar no later then the date of grant of the patent in Israel. Ask Dr. Sharona Lahav to learn more about the possibility to request allowance of your patent application under the provisions of Sec. 17(c) of the Law.
