The Israel Patent Office Israel Patent Office Annual Report
2011 פתח דבר
Preface from Asa Kling – Director of the Israel Patent Office
The Israel Patent Office (ILPO) is glad to present to the users and stakeholders in the field of industrial intellectual property in Israel, its annual report summarizing its activities in 2011. This report is a second of its kind to the Israel Patent Office. The first annual report for 2010 was the precursor to public transparency of the ILPO’s work and activities in the field of industrial property in Israel. The purpose of this report is to update and enhance the scope of information available to the public with regards to the ILPO’s activities as a supportive hub to innovation and technological progress. The ILPO, as an executive agency, fully met the goals set by its Advisory and Supervisory Committees. The fulfilling of these goals was achieved together with enhancing transparency and public involvement in ILPO activities. The quantitative chapter of this report provides a view tothe scope and tendencies in the various departments of the ILPO. In 2011, Israel maintained its position in global ratings of use of the international patent application system. Israeli applicants are among the leading users of the international patent application system under the PCT (ranked 15th) and are rated 1st after U.S. citizens to use the services of the USPTO as an International Searching and Preliminary Examination Authority. As part of its international activity in supporting Israeli applicants, in July 2011, the ILPO together with the USPTO started a joint pilot in the scope of the PPH to shorten examination queues and streamline the patent examination process. Additionally, a remarkable growth in the scope of activity in the Trademarks Department was noted in 2011, growth attributed to the public’s enhanced use of the international trademark system under the Madrid Protocol which was implemented in Israel in September 2010. 2011 was characterized by the improvement of the information technology infrastructure in most departments of the ILPO. These improvements were essential to ensure the fulfillment of the goals set for the various departments. One such innovative project, among the many handled by the ILPO, is the operation of the International Searching and Preliminary Examination Authority which started in June 2012. In this scope, an IT system enabling fully electronic communication with WIPO was installed in the PCT Department. Another major task put before the ILPO in 2011 was the preparation for opening for public review of the file wrappers of patent applications following 18 months of their priority date. It is expected that this opening of the files will be required due to the pending amendment to the Israel Patents Law, 5727-1967, which started to be heard in the Israel Knesset during 2011. The preparations in this regard are oriented at a fully paperless patent examination, which will enable public online viewing of the files and ongoing process. This change, which will take place in 2012, is expected to substantially influence the patent examiners’ work. In order to materialize the said changes in the Patents Department, much use of the Trademarks Department’s invaluable experience accumulated in the implementation of an innovative IT system in the scope of the Madrid Protocol, was relied upon. In 2011, the specification of a new IT system in the Designs Department was initiated. The prospective IT system is planned to include extensive data concerning Israeli registered designs and enable online searching and viewing capabilities. In further stages, the system will also enable online application. This report reflects, to some extent, the large scope of activity of the ILPO and its staff. It is the product of their dedicated efforts which are highly appreciated. In August 2011, in tragic circumstances, we lost Mrs. Nurit Maoz z”l, who was at the time the Director of the Trademarks Department. This annual report is dedicated to her memory.
Sincerely,
Asa Kling Director of the Israel Patent Office
The late Nurit Maoz, Director of the Trademarks Department
Nurit started her employment in the then Patents Division of the Ministry of Justice in 1977 in the Trademarks Department. In 1989 she was nominated as manager of the Trademarks and Appellations of Origins Department. Nurit managed the Department for 22 years. Nurit was a unique kind of manager. She was extremely professional and proficient in all perspectives of trademarks examination. Nurit diligently kept abreast and updated. Through the years, her knowledge became expertise and she became a leading figure in the trademarks arena in Israel and her advice was sought by all. The manner, in which she directed the department, mandated a full response to each and every query, be it simple or complex. Nurit espoused and maintained a highly professional, timely and accurate response. With her endless drive, Nurit powered many various projects, her achievements were of the highest possible standard and were always commendable. For instance, Nurit’s leadership in establishing the new IT system of the Trademarks Department is an example to us all. Another of Nurit’s outstanding achievements is the Department’s start of operations within the framework of the Madrid Protocol for the registration of international trademarks. Nurit invested great efforts in the specification and design of the system to ensure that it fully integrates with the communication interfaces essential for the operations under the Madrid Protocol. She tirelessly worked nights and days to materialize the operations of what she rightly recognized as having international importance. Nurit insisted that Israel’s start of operations under the Madrid Protocol will be fully electronic with an appropriate IT system. Today, when we use this advanced IT system we understand how important and correct her persistence was. Nurit’s loyalty, dedication and commitment to her work and colleagues were uncontested. All tasks were worthy and meaningful and had to be completed on time with no delay. Nurit attributed much importance to teamwork. She built a professional, well organized and supportive team fully committed, as she was, to the work and the provision of the best service to the public. On the personal level, Nurit was cherished and loved by all her colleagues, forever with a smile and a positive attitude, with a generous heart and endless giving. Blessed be her memory.
6 7 Table of Content
Chapter A: Description, Structure and the Departments of the Israel Patent Office….…….11-15 • Description of the Israel Patent Office…..…………………………………………...... ….…11 • The Israel Patent Office Structure in 2011..………...... ….....………12 • Patents Department ……………………...... ……..13 • Patent Formalities……………………………...... ………14 • PCT Department……………...... …………………..14 • Designs Department…………...... …………………………..14 • Trademarks Department………………………………………………………...... ……………14-15
Chapter B: Executive Agency.………………………………………………………………...... …16-18 • What is an Executive Agency…………………………………………………...... ……16 • Executive Agency Characteristics………………………………………………...... 16 • Advisory Committee…………………………………………………………...... ……17 • Supervisory Committee……………………………………………………...... ………18
Chapter C: Final Preparations Towards Operation in 2012 as an International Searching and Preliminary Authority…………………………………………………...... ….19-20
Chapter D: Legislation, Transparency and Involvement..………………………………………………21-23 • Legislation During 2011 …………………………………………………………...... ….21 • Examination Procedure…………………………………………………...... ……21 • Commissioner Circulars………………………………………………...... …………22 • Providing Information for Public Review – Data.Gov Project………...... 23
Chapter E: Quality at the ILPO – ISO 9001 Qualification……………………………………………...……24
Chapter F: Client Satisfaction Survey for 2011 ………...... ….25
Chapter G: Trainings at the ILPO……………………………………………………...... ………….26 • Patent Examiners Cadet Course………...... ……...... 26
Chapter H: ILPO Participation in Seminars……...... ……..27
Chapter I: Patent Prosecution Highway………...... …….28
Chapter J: ILPO’s Internship Program for WIPO Worldwide Academy Interns……...... 29 8
Chapter K: WIPO Library…….……………………………………………...... ………..30
Chapter L: New IT Projects at the ILPO...……………………………………...... ……...... …31 • New System for the PCT Department…………………………………….……...... ….31 • Upgrade of the Patents Department System – Electronic File Wrapper..…...... 31
Chapter M: The ILPO Website………………………………………………...... 32
Chapter N: Patent Attorneys Licensing……………………………………………………...... …...... …..33-35 • Patent Attorney’s Internship……...... …..33 • Patent Attorneys’ Examinations………...... 34 • Registration in the Patent Attorneys’ Ledger…...... ……..35
Chapter O: Visits at the ILPO ..…………….…………………………………...... …36 • The Japan Patent Office (JPO) Delegation……...... …..36
Chapter P: Awarding of a Prize for an Outstanding Student Paper in the Field of Patents, Designs and Trademarks………...... …………….37
Chapter Q: Statistical Data…...... …………..39-77
Chapter R: Freedom of Information Law……...... …78
The Israel Patent Office 9
List of Tables and Charts in the Statistical Data Chapter (Chapter Q) Patents and PCT Departments……...... …41-64 • Patent Applications Filed vs. Patents Granted in 2001-2011…...... ………..42 • Patent Applications Filed in 2011 – by Fields……...... ….42 • Patent Applications Filed at the ILPO in 2011 – by Country of Origin…...... 43-44 • Leading Foreign Applicants in 2011……...... …45 • Leading Domestic Applicants in 2011…...... ….46 • Leading PCT Applicants in 2011…...... …47 • Amount of Patent Applications in 2001-2011 (including Applications Claiming Priority)……………...... …………48 • Patent Applications Closed During 2011 Prior to Start of Examination / Post Start of Examination – by Classification……...... ……...... …49 • Applications Actively Abandoned by the Applicant in 2011………...... 50 • Use of Section 17(c) to the Patents Lawin 2011 (Modified Examination) – by Fields....51 • Status of Accelerated Examination Applications according to Regulation 35 to the Patents Regulations, in 2008-2011………...... ….52 • Amount of Patent Applications in the Status of “Green Applications” for Accelerated Examination in 2011…...... ……..53 • Divisional Applications according to Section 24 to the Patents Law, in 2011 – by Fields...... 54 • Patent of Addition Applications…...... ……….54 • Amount of Oppositions vs. the Amount of Patent Applications Granted/Allowed in 2001-2011………...... 55 • Amount of Oppositions in 2001-2011 - by Classification……...... …55 • Pending Legal Proceedings at the ILPO in 2011………...... …56 • Status of Patent Applications Oppositions during 2011.…...... …56 • Total International Patent Applications Filed in 1995-2010 – by Country …………..57 • Total Patent Applications Filed in 2010 – by Office of Origin…...... 57 • Total Patents Granted in 1995-2011 – by Country…...... 58 • Total Patents in Force in 2004-2010………...... ….58 • Total Patents Granted in 1995-2011 – by Office of Origin…...... ….59 • Total Patent Applications by Fields: Israel vs. the Rest of the World in 2000-2009…...59 • Patent Applications per US $ 1.0 Billion GNP in 2000-2010…...... 60 • Patent Applications per capita (Millions) in 2010…...... 60 • Patent Applications in 2011- by Country...... ……...... …61 • PCT Applications in 2010 – by Receiving Office……...... 61 • International Cooperation in International Patent Applications in 2010…...... 62 • Distribution of International Applications Filed by Israeli – by International Searching Authorities………...... …...... …..63
Design Department…...... ……...... ……65-72 • Design Applications and Registered Designs in 2001-2011……………...... 66 • Design Applications Filed at the ILPO in 2011 – by Country……...... …67 • Design Applications Filed at the ILPO in 2011 – by Classification…...... 68 • Design Applications Filed in 2011 – by Classification…...... …69 • Registered Designs in 2011 – by Classifications…...... ……..70 • Leading Companies in Filing Design Applications in 2011…...... ………71 • Legal Proceeding in the Designs Department in 2011 …………...... …..71 • Design Applications Filed in 2010 – by Country………...... …72 • Registered Designs in 2010 – by Country………...... ………..72 10 Israel Patent Office Annual Report 2011
Trademarks Department…………...... …73-77 • Trademarks Applications vs. Registered Trademarks in 2001-2011…...... 74 • The Amount of New Classes Filed and Registered Classes in 2001-2011…...... 74 • Legal Proceedings - Trademarks 2011...... …...... …75 • Trademarks in Force in Israel in 2001-2011………...... ….76 • Trademarks in Force Including Classes in Israel in 2001-2011……...... …..76 • Total Trademarks Registered in 2010 – by Country…...... …77 • Total Trademarks Filed in 2010 Through the Madrid Protocol - by Office of Origin...77
The information presented in this annual report is aimed at giving the reader an overview of the activities carried out at the Israel Patent Office and the scope of the legal framework within which it operates. The report is not meant to provide any legal advice or exhaustive review of the law. As such, this report does not present a comprehensive analysis of the ILPO’s policies but a general basic description is provided.
The Israel Patent Office
Chapter A. Description, Structure and the Departments of the Israel Patent Office 11
Chapter A Description, Structure and the Departments of the Israel Patent Office
Description of the Israel Patent Office The ILPO operates under Government Resolution No. 4722, 8 Adar 5766, (March 8, 2006). This Government Resolution established that the ILPO shall operate as an independent executing agency headed by the Patents Commissioner. The ILPO’s stature as an Authority was also stipulated during 2011 in the scope of amendment no. 9 to the Patents Law (see Chapter D below). The Director of the Israel Patent Office acts also as the Patents Commissioner, Designs Commissioner and Trademarks Commissioner. A The ILPO is in charge of registering in Israel intellectual property rights in the fields of patents, designs and trademarks. The ILPO is also responsible for providing information to the public regarding registered rights, library and publication services on these subjects and also maintaining contact with international organizations dealing with protection of industrial intellectual property, such as WIPO. Within this scope, the ILPO acts under the Patents Law, 5727-1967, the Patents and Designs Ordinance, the Trademarks Ordinance [New Version], 5732-1972 and the Appellations of Origin and Geographical Indications Law, 5725-1965. Since 1996, the ILPO acts as a receiving office for PCT applications and since 2010 acts also as an office of origin for international trademark applications in accordance with the Madrid protocol. In October 2011, Advocate Jacqueline Bracha was elected as Deputy Director of the Patents Office. In the scope of her duties she will act also as Deputy Commissioner of Patents and as a Judicial Officer in intellectual property matters. Mrs. Bracha has a long standing knowledge of the ILPO’s activities and processes which brought about the organizational changes due to the ILPO becoming an executive agency. Mrs. Bracha took an active part in initiating and following through legislation in the fields relevant to the ILPO’s activities. Mrs. Bracha is an important addition to the top management of the ILPO. 12 Israel Patent Office Annual Report 2011
The Israel Patent Office Structure in 2011
Director of the Israel Patent Office
Legal Department Patents International Superintendent of Trademarks Administration & Quality Assurance Designs Director Formalities PCT Director Relations Examiners Director Budget Director Director Deputy
Deputy Deputy Human Examiners Administration Examiners Register of International Resources Judicial Marks Department Library Officer
Archive Examiners Administration Administration Legal Aids Deputy Superintendent of Examiners Administration Patents Registrar
Administration
Computers and Medical Device Pharmaceutics Biotechnology Communications Physics Team Mechanics Team Chemistry Team Team Team Team Court Team Administration
Interns
The Israel Patent Office
Chapter A. Description, Structure and the Departments of the Israel Patent Office 13
Patents Department The Patents Department is headed by Mrs. Simona Aharonovitch, Superintendent of Examiners. In 2011, the Patents Department examined 7,596 new applications and 8,911 second examinations, thus fulfilling the goals set by the ILPO’s Supervisory Committee (see Chapter B below). Due to the Department’s fulfillment of the goals, the average waiting time for first examination in Israel was decreased to 32.9 months, whereas in applications concerning inventions in the field of Biology, the wait time is only 24 months. Furthermore, in 2011 the waiting time for second examination decreased to only 6 months. This decrease is part of a global trend in most patent offices, large and small, which shows the shortening of handling times of new applications and applications waiting for examination. In 2009, the global waiting time decreased by 2.1% and in 2010 further decreased by 3.3%. In 2010, the average handling time in the ILPO decreased by 8.8%. A As a result of the decrease in waiting time, there are fields in which the Israeli application is examined before the examination of its parallel application in other territories. Thus, the Israeli applicant may receive an office action from the ILPO before receiving office actions from other Patent Authorities. Being first to issue an office action obliges compliance with the highest standards possible. In 2011, 14 cadets successfully finished their two year training (see Chapter G below). At the end of 2011, 21 new cadets were recruited in the prospect of the ILPO becoming an International Searching and Preliminary Examination Authority (ISA/IPEA). Following this last recruitment, as of the end of 2011, 101 patent examiners are fully employed in the Patents Department. The pilot for training examiners as a preparation for start of operations as an ISA/IPEA (See Chapter C below) was continued in 2011. In the scope of the pilot, 30 examiners examined about 100 international applications in various fields that were filed with the Israeli Receiving Office. The examiners were required to prepare a Search and Preliminary Examination Report in accordance with PCT format and standards. The Search Reports were compared to official Search Reports published at a later date with regards to the same international application. The exercise in the scope of the said pilot indicated a high rate of readiness on behalf of the examiners. As would be recalled, in 2010, the Patents Department was certified to ISO 9001. In 2011, full compliance with the strict ISO 9001 standard was met and 5% of the applications examined were reviewed by the quality assurance crews in the ILPO. Additionally, in the scope of compliance with said standards, in December 2010, the examination guidelines for patent examination in the Patents Department were first published in the ILPO’s website (see Chapter D below). These guidelines are updated regularly. Part of the amendments to the examination guidelines are a direct result of the quality assurance findings. 14 Israel Patent Office Annual Report 2011
Patent Formalities The Patent Formalities Department is headed by Mr. Yohanan Mizrachi. In 2011, many preparations were made towards the many substantial changes which are to take place in the department in view of the anticipated amendment to the Patents Law which will enable public viewing of the file wrappers also during examination. Among these many activities, infrastructure was put in place to enable the scanning of incoming mail and of all current patent file wrappers in the archive.
PCT Department Dr. Michael Bart heads the PCT Department. In September 2011, the new PCT-SAPIA IT system went online. The system, which uses advanced technological tools, enables fully electronic paperless filing of international applications. In addition, new regulations regarding the electronic submission of international applications were installed (see Chapter L below). The new system, which is a precursor for major changes in the work process, brings about considerable efficiencies and integration of the work and communication between the ILPO PCT Department and the International Bureau of WIPO.
Designs Department Mr. Sorin Massler heads the Designs Department. As in all departments, but specifically in the Designs Department, 2011 was characterized by the improvement of the Department’s work based on the desire to provide the public with the best possible service. The Israel Patent Office In the past year, the preparation of detailed work guidelines for both formal and substantial issues was continued. Such guidelines will enable the Department’s personnel to arrive at a unified level of service and performance of tasks, thus, improving the office actions to be more detailed and clear. Following the preparation of the guidelines and after the investment of great effort, the Department succeeded to fully comply with the ISO 9001 standard.
Trademarks Department Following the untimely death of the former manager of the Department, the late Mrs. Nurit Maoz, the Department was led by her deputy, Mrs. Anat Levy. Despite the hardship, the Department managed to re-sprite and continue handling all the new matters deriving from the implementation of the Madrid Protocol. In 2011, the International Bureau forwarded to the Department 3,858 international applications under the Madrid Protocol and all in all, 8,804 Trademark applications in 15,524 classes were submitted (a rise of 3% in
Chapter A. Description, Structure and the Departments of the Israel Patent Office 15 the amount of applications and of 56% in the amount of classes compared to 2010). Additionally, in the past year, about 200 international applications designating Israel as a country of origin were forwarded to WIPO. Furthermore, the Department initiated the establishment of the Hebrew version of the Madrid System goods and services manager which went online on the WIPO website on January 1st, 2012. The Hebrew version was designed to assist applicants with correctly categorizing the list of goods and services. The use of this tool can curtail the notices of irregularities regarding the details of goods or services issued by the department. Additionally, the Department participated in the preparations towards the implementation of a Trademarks Examiners Exchange Program between national and regional Trademarks Offices and the WIPO International Bureau. In the scope of this program, a Trademarks Examiner was posted for the term of a year at WIPO, starting January 2012. The participation in this lucrative program was granted after the commendable start of operations A under the Madrid Protocol starting September 2010. This is a recognition of the high abilities of the ILPO generally and the Trademarks Department specifically.
Chapter B. Executive Agency 16
Chapter B Executive Agency
As mentioned above, the ILPO acts as an executive agency. The following is a brief description of this mode of operation.
What is an Executive Agency? “A new form of organization of inter-governmental unit which has a business or regulative orientation, the purpose of which is to bring about improvement of the service provided to the public and efficacy of the public service. The main advantage of an executive agency is in the clear separation between the Ministry as a policy maker and a guiding and controlling body, B and between the executive and managerial authorities of the executive agency, thus, enhancing its ability to adapt to the customers or citizens service requirements.” (The Rachlevsky report, 2003)
Executive Agency Characteristics • Substantial managerial independence (within the specific authorities of the agency) • Budgetary independence (budget management) • Human resources independence (special expertise, employee development, employment flexibility) • Fiscal independence (fee, payments, equipment)
The Israel Patent Office In March 2006, in government resolution no. 4722, the ILPO was designated as the first executive agency in the Israel civil service: “…the unit will incorporate the operations, the manpower and the resources of the division of the patents, designs and trademarks registrar. The authority, as an independent executive agency, will have the managerial flexibility and independent budget and will operate directly under the Minister of Justice. The authority will operate in accordance with the model of an independent executive agency, the details of which will be agreed upon from time to time between the Ministries of Finance and Justice…” Israel Patent Office Annual Report 2011 17
Mode of control and supervision of the ILPO as an Executive Agency (in accordance with the framework document)
Minister of Justice Managerial Authority Committee Conveyance of Information (to the Agency and and Reporting the Minister) Professional Guidance
Supervisory Committee
Director of the ILPO
Advisory Committee The committee’s functions: • Providing advice to the ILPO • Setting policy, goals and benchmarks to the ILPO • Taking actions in case of budgetary deficit • Recommendations of layoffs according to periodical assessments 18 Israel Patent Office Annual Report 2011
Composition of the committee: • Director General of the Ministry of Justice • Legal Counsel of the Ministry of Justice • Deputy to the Attorney General (Civil Matters), Ministry of Justice • Senior Deputy to the Comptroller General, Ministry of Finance • Administrative Ministry’s referent, budget division, Ministry of Finance • Deputy Commissioner of the Civil Service • Director of the ILPO • Superintendent of Examiners, ILPO
Supervisory Committee The committee’s functions: • Setting periodical goals • Verifying the execution and fullfilment of set goals by the Director of the ILPO
Composition of the committee: • Director General of the Ministry of Justice • Director General of the Ministry of Finance • Judge (RET.) • Representative of attorneys and patent attorneys
The Israel • Representative of academy Patent Office • Director of the ILPO Chapter C. Final Preparations Towards Operation in 2012 as an International Searching and Preliminary Examination Authority 19
Chapter C Final Preparations Towards Operation in 2012 as an International Searching and Preliminary Examination Authority
The Israel Patent Office started operating as an International Searching and Preliminary Examination Authority on June 1st, 2012, in accordance with the Patent Cooperation Treaty (PCT). This operation follows the resolution of WIPO’s annual General Assemblies at Geneva, in September 2009, recognizing Israel as an International Searching and International Preliminary Examination Authority. This recognition entered Israel to a globally lucrative list of the most advanced C countries in this field. WIPO’s resolution and the start of operation according to it, further establishes Israel’s international status among the nations leading international projects in the intellectual property field and acknowledges its technological capabilities in the field. Israeli patent applicants are among world leaders in filing international patent applications under the PCT. In 2010, Israel ranked 7th in the world among filers of national phase applications following PCT applications. In 2011 the overall amount of PCT applications filed by Israeli applicants ranked 15th in the world. The operation of this new service will provide an answer to the said constantly growing international needs of Israeli patent applicants. Currently, international applications filed by Israelis can be examined in Europe or the U.S. patent offices acting as an ISA/IPEA. This will allow retaining the work in Israel while facilitating applicants with a more convenient, affordable and accessible service. Keeping the work in Israel presents obvious economic advantages. Expanding the infrastructure for registered intellectual property rights and enhancing their respect is proof of economic robustness as well as leadership in technological innovation. Service providers, such as patent attorneys, will be able to benefit from the availability of the ISA/IPEA, thus improving the service provided to applicants. Initially, the fees charged by the Israel Patent Office in this regard will be competitive (with respect to fees charged by other authorities), thereby providing a clear advantage to Israeli applicants (an advantage which is already enjoyed by other national applicants in their respective national patent offices). Since WIPO’s resolution in September 2009, the Israel Patent Office has Chapter C: Final Preparations Towards Operation in 2012 as an 20 International Searching and Preliminary Examination Authority
been busy with extensive and meticulous preparations required to start operation. Such preparations included, inter alia: • Increasing the number of Examiners, as required by the PCT regulations; • Training and seminars for the Patent Examiners and PCT department Examiners, both at the Israel Patent Office and at international offices abroad; • Conducting an internal pilot to conform the Examiners’ work with WIPO’s strictest standards; • Development and implementing of a new IT system allowing receiving and processing international applications on-line, paperless, while communicating and integrating directly with WIPO’s IT systems; • Legislation adjustments – the Israel Patent Office’s responsibilities were extended to provide International Searching and Preliminary Examination Reports according to the PCT. The law was passed by the Knesset on December 5th, 2011 (See Chapter D below). Once regulations were duly enacted, the Minister of Justice ordered that the law enter into force on June 1st, 2012, when the Israel Patent Office started its operation as an ISA/IPEA. • In the first year of operation, the Israel Patent Office as an ISA/IPEA will handle applications solely of Israeli applicants. In a later stage, subject to adequate agreements with other Patent Offices, the Israel Patent Office expects to be able to handle also applications of foreign applicants.
The Israel Patent Office Chapter D. Legislation, Transparency and Involvement 21
Chapter D Legislation, Transparency and Involvement
Legislation During 2011 1. The Patents Law (amendment no. 9), 5772-2011, deals with amendments to the Patents Law regarding the ILPO operation as an ISA/IPEA. The amendment was finally voted on December 5th, 2011. In accordance with the Patent Order (amendment no. 9) of March 28th, 2012, the law came into force on June 1st, 2012. The amendment was needed so as to define the new functions of the ILPO as an ISA/IPEA under the PCT. In the scope of amendment no. 9, the ILPO’s standing was upgraded to a Statutory Authority.
2. Patent Regulations (implementation of the Patent Cooperation Treaty) D (amendment), 5772-2011. In December 2011, regulation no. 2 which deals with the manner of submission of international applications was amended to include new forms of submission: by a storage device (CD or DVD) or via the internet. The amendment also adapted the handling at the PCT Department to the updated procedures in the Treaty concerning the claiming of priority and set forth how priority documents should be submitted to the PCT Department. The amendment requires that when an international application is submitted electronically, also the priority documents will be submitted electronically. The online submission via the internet will be operative during 2012. In the scope of this amendment, the requirement of paying a publication fee per Section 16 of the Patents Law upon entrance to the national phase was cancelled.
3. Trademarks Regulations (appeal before the supreme court)(amendment) 5771-2011 of April 1st, 2011 – conformance of the regulations to amendment no. 7 of the Trademarks Ordinance of July, 2010, which stipulated that appeals on decisions of the Trademarks Commissioner will be heard before the district court.
Examination Procedure As part of the process of transparency and public involvement, it was decided that the patent examination guidelines will be published for public review to enable applicants to comprehend and review the examination process. These guidelines were first published for public review on December 26th, 2010 and during 2011, two updates were published. The mode of updating of the guidelines was lately detailed in Commissioner Circular 014/2012-Patents. The guidelines are available for review at the ILPO website: http://www.justice.gov.il/MOJHeb/RashamHaptentim/Ptentim/ ChapesMeyda/HanchayotBchina.htm 22 Israel Patent Office Annual Report 2011
Commissioner Circulars The following is a listing of the Commissioner Circulars published during 2011. The Commissioner Circulars are available for public review at the ILPO website http://www.justice.gov.il/MOJHeb/RashamHaptentim/MeydaMispati/ ChozreyRasam.htm
001/2011 – General: the standing format and manner of publication of the Circulars of the Commissioner of Patents, Designs and Trademarks. The circular recites the standing of the Commissioner Circulars as administrative guidelines and the way they are published and updated.
002/2011 – Trademarks: appointment of power of attorney for trademarks and trademarks applications. The circular stipulates that the appointment of an attorney for registered trademark, national and international, does not involve payment of a fee. The change of an attorney for applications and said registrations does involve a payment of a fee.
003/2011 – General: Opening hours and the submission of documents to the ILPO. The circular sets the hours of opening for public service and review of documents at the ILPO between the hours 08:30-13:30 on every work day. Furthermore, the circular sets the hours for submission of documents to the ILPO, 06:30-24:00 on every work day.
004/2011 – Patents: patent terms extension applications. The queue for examining patent term extension requests will be set according to the date of expiration of the basic patent the extension of which is requested. A request for a patent term extension will be submitted in accordance with The Israel Patent Office regulation 2 of the Patents Regulations (Patent Term Extension, procedure for order and cancellation) as detailed in the circular.
005/2011 – Patents: policy regarding extensions for patent applications examination. The circular sets the maximum extension which may be granted to amend irregularities regarding form of the applications, for response in accordance with regulation 36 and response to notice of irregularities, to no more than 6 months of extension. The aggregate of extensions during patent application examination will not exceed 15 months. Request for stay may be submitted prior to examination together with appropriate reasons.
006/2011 – General: motions in procedure before the Commissioner, the Deputy and the Judicial Officer. The circular deals with the procedure of motions (as well as responses and counter-responses) submitted in the scope of the judicial and semi-judicial procedure before the Commissioner, the Deputy and the Judicial Officer. The circular sets the form of submission, the details the motions have to include, the way of service to the counterparties and terms of response. The circular also stipulates that it will apply also to motions filed in the scope of unilateral procedures. Chapter D. Legislation, Transparency and Involvement 23
007/2011 – Trademarks: applicant’s notices regarding the list of goods and services in international applications. As of the date of the circular, notices will not be part of the Trademark Extract if the Hebrew version of the goods or services listing or part of it is not clear or is erroneous, regardless of the English version.
008/2011 – Patents: claims referring to drawings and examples for the sake of defining characteristics of technical aspects of an invention (omnibus claims). As of the date of the circular, the ILPO will not receive dependent or independent omnibus claims. Nevertheless, said restrictions will not apply to a claim referring to drawings or examples that will specifically identify which aspect or specific characteristics of the invention are claimed out of a specific drawing or specific example. D Providing Information for Public Review – Data.Gov Project In the Data.gov.il website, governmental databases are published in a clear and accessible manner. These are constantly updated. The Data.gov.il information system enables data location and download with ease and efficiency and subject to the laws of freedom of information and protection of privacy. The ILPO is one of the first government offices to post data with the Data.gov project which is based on the promotion of transparency and presenting reliable and authoritative government information for public use. This policy is applied in many other developed countries such as: the United States, the United Kingdom and Australia. In the first phase of the project, in 2011, the ILPO posted the Trademarks Department database. The posting of the Trademarks Database via this website enables its users a free hand to develop applications and systems based upon the published information. The objective of the project is to improve and encourage the creative use of governmental databases by the public, academia and government itself. 24 Chapter E. Quality at the ILPO – ISO 9001 Qualification
Chapter E Quality at the ILPO – ISO 9001 Qualification
In 2010, the Patents Department was qualified to the ISO 9001 Quality standard 2008 version. During 2011, the final preparations for the qualifications of the other departments of the ILPO were carried out.
The preparations included: • Defining qualitative indexes connected to the improvement of servicing customers; • Writing examination guidelines; • Installing various controls at different stages of the processes; E • The preparation of client satisfaction survey. In May 2011, management discussed quality issues and thereafter qualification review was carried out by the Israel Standard Institute.
Once the ILPO completed all that was required of it, in August 2011, certification of quality assurance for all the ILPO Departments was received.
The Israel Patent Office Chapter F. Client Satisfaction Survey for 2011 25
Chapter F Client Satisfaction Survey for 2011
In accordance with the ISO 9001 standard requirements, a client satisfaction survey was carried out, regarding the service provided for users of the ILPO in 2011.
The 2011 survey was the first to be carried out anonymously. An external company was hired to send the survey to all members of the ILPO’s mailing list. Those of the public who chose to participate in the survey, were requested to provide feedback for all departments of the ILPO, including the Patents Department, Designs Department, Trademarks Department, PCT Department, Legal Administration, Trademarks Ledger, Patents and Designs Ledger and the Legal Department. F
In the survey, the participants were requested to respond in regard to the quality of service they received from the various departments including the administrative teams and the examiners. The participants were also requested to refer to the satisfaction from the databases available at the ILPO as well as the quality of service they enjoy when changes in the Ledgers are concerned and legal matters are handled.
The amount of participants in the survey in 2011 was much larger than the amount of participants in previous years. This is an indication of the success of the format of the survey. The results of the survey were very positive and testified for the good, efficient and polite service to the users of the ILPO services. The average rating of all the departments of the ILPO is 4 out of a maximum of 5.
In the survey, several issues in which the ILPO needs to improve were raised, such as, IT infrastructure and other matters. For these issues, corrective measures were initiated in accordance with ISO 9001 standard requirements. 26 Chapter G. Trainings at the ILPO
Chapter G Trainings at the ILPO
In 2011, the ILPO conducted a comprehensive course in Intellectual Property for its employees. The course comprised of weekly lectures during 8 weeks and was aimed at providing all works of the ILPO employees, basic knowledge of all aspects of Intellectual Property Law. In the course, which was coordinated by the Judicial Officer Mrs. Yaara Shoshani-Caspi, participated leading lecturers from the legal and professional Intellectual Property Arena in Israel. The ILPO thanks all the participants who contributed their valuable time to this program.
Patent Examiners Cadet Course G The 4th ILPO Patent Examiners cadet course started at the end of December 2011. The course took place at Ramat Rachel and lasted 14 days. 21 cadets participated and were designated to the Patents and the PCT Departments. The cadets were selected out of more than 70 contenders at a tender conducted by the civil service commission. The course is part of a two year qualification program of patent examiners.
Amongst the main subjects in the course were: • Roles and duties of the ILPO • Various aspects of industrial property (Patents, Designs, Trademarks, Appellations of Origins and Geographical Indications) • The Patents Law 5727-1967 (what is a patentable invention, specifications, claims, novelty, inventive step) The Israel Patent Office • International treaties : the Paris convention and the PCT • Examination procedures and guidelines and Commissioners Circulars • Formal examination • National defense related inventions
The lectures in the course were provided by leading attorneys and patent attorneys as well as contributors from the ILPO. The ILPO appreciates the contribution and involvement of all the lecturers who assisted in advancing the professionalism in the ILPO. At the end of the course, the cadets were stationed in the various Departments in accordance with their field of expertise: chemistry, biotechnology, computers, pharmaceutics and mechanics. Chapter H. ILPO Participation in Seminars 27
Chapter H ILPO Participation in Seminars
On June 29-30, 2011, a workshop titled: “Intellectual Property Asset Management by Small and Medium Sized Entities” was organized by the Federation of the Chambers of Commerce and WIPO. The workshop was intended to enhance the SME base-knowledge in various IP-related issues while underlining the business aspects. The program was provided by lecturers from WIPO, from the ILPO, attorneys and patents attorneys and lecturers from the academia. More than 100 people participated.
On October 24-25, 2011, an international conference took place in the Ono Academic Center, titled: “Intellectual Property Law – the Road Ahead: H Traditional Knowledge, Access to Drugs and Access to Knowledge”. This was the second event of its kind, the first of which took place in 2010 in Warsaw, Poland. The program was provided by lecturers from WIPO, from the ILPO, attorneys and patents attorneys and lecturers from the academia. In addition to the lively discussions and lectures, the participants from academia and international patent offices were invited to a tour of Jerusalem organized by the ministry of Foreign Affairs. The closing event of this conference took place at the ILPO.
At the end of November, 2011, an inter-regional program titled:“Intellectual Property Rights as Leverage for Local and Regional Development in Transitional Economies” was held. This program was a cooperation between WIPO and Mashav of the Ministry of Foreign Affairs and the Weitz Center. The program was intended for 25 senior government officials and representatives of Patent Offices from developing countries (primarily Eastern Europe). The Program included the following subjects: • Innovation encouragement at the national level • The process of incubating an idea to the fulfillment of an invention • Innovation as a development tool in peripheral areas The participants visited many technological incubators and universities, as well as visited the ILPO. 28 Chapter I. Patent Prosecution Highway
Chapter I Patent Prosecution Highway
As of July 1st, 2011, the USPTO and the ILPO started cooperation under the Patent Prosecution Highway- PPH. The PPH is a set of initiatives for providing accelerated and improved patent prosecution procedures by sharing information between patent offices. A Patent Applicant who has filed an application in both patent offices, may, under the PPH program, request an accelerated examination in the second office after receiving a positive search report in the first office. As the first ILPO Pilot in this field, as an Office of Second Filing, the ILPO would handle only applications field under the Paris Convention. Whereas the USPTO, as an Office of Second Filing, will handle applications filed under I the Paris Convention as well as applications claiming priority from a PCT application. It is expected that this program will enhance the service needs of applicants both in Israel and in the US. In 2012, the ILPO started similar cooperation with additional Patent Offices such as the Danish Patent and Trademark Office and the Japan Patent Office.
The Israel Patent Office Chapter J. ILPO’s Internship Program for WIPO Worldwide Academy Interns 29
Chapter J ILPO’s Internship Program for WIPO Worldwide Academy Interns
The ILPO organizes every year a two week course for interns from the WIPO worldwide academy. This course constitutes the practical part of the interregional intermediate seminar on industrial property, the first part of which takes place at the WIPO academy in Geneva. The course provides training regarding the Israeli intellectual property laws and the legal and professional issues arising while registering intellectual property rights in Israel. In addition, the interns learn about the organizational structure of the ILPO and its various departments: Patents, Trademarks, Designs, PCT, Patent Formalities and the Legal department. J During the course, the interns visited patent attorneys firms, the offices of the Chief Scientist, Weizmann Institute of Science and historic sites in Jerusalem.
The ILPO received positive feedback from the course graduates and the international offices from which they came.
In 2011, the ILPO had the honor to host in the scope of this program, a representative from the Zanzibar, Tanzania Patent Office. 30 Chapter K. WIPO Library
Chapter K WIPO Library
In 2010, the ILPO signed a Memorandum of Understanding with WIPO regarding the following issues: • WIPO will supply the Library of the Israel Patent Office with one copy of all unrestricted WIPO publications issued; including books, reports, and periodicals, in addition to electronic materials (CDs, DVDs, etc.) • The ILPO will make the publications available and easily accessed to all users of the library, free of charge during library opening hours
The purpose of this agreement is to strengthen the ties and cooperation between ILPO and WIPO, while supplying the public with the most relevant K information regarding intellectual property. In 2011, a separate area in the ILPO Library was set and it now holds more than 120 WIPO publications in the following subjects: • Industrial Property • Treaties and Classifications • Annual Reports
The full publication list can be found on the ILPO website: http://www.justice.gov.il/MOJHeb/RashamHaptentim/ChapesMeyda/ WIPOLibrary.htm
The list is being updated regularly, following new publications received
The Israel periodically from WIPO. Patent Office
The publications can be reviewed at the ILPO library, upon prior coordination at tel no. 02-5651666 ext. 2. Chapter L. New IT Projects at the ILPO 31
Chapter L New IT Projects at the ILPO
New System for the PCT Department The development team of the ILPO completed the development and production of an International Patent Applications Submission System. The specification of the program began in February 2009, the development started in June 2010 and the system became operative at the end of 2011.
The PCT-SAPIA (System for Administration and Processing of International Applications) was developed to improve the handling and submission of international applications at the PCT Department. The project was carried out by the IT division of the Ministry of Justice. The system was developed using NET Framework 4 and is based on service oriented architecture L (SOA). The development process widely used WCF technology. Adobe Forms technology was used to support the development of hundreds of technologically advanced forms incorporating complex business logic.
The new system enables full integration between the ILPO PCT Department and the WIPO International Bureau. The integration between the systems provides for a modified operation between the ILPO and the organization. Until the establishment of the new system, all the operations were based on air mail. The system supports hundreds of business rules and incorporates complex work procedures together with communication to other systems such as the Ministry of Justice’s fiscal system and the Post Authority.
The system enables full automation of many processes that previously were carried out manually thus, saving many work hours to the examiners who can now concentrate solely on the substantial tasks of the department.
The PCT-SAPIA gained much interest by international bodies due to its generic architecture. The system was designed and developed with technologies enabling compatibility with the 140 member states of the PCT.
Upgrade of the Patents Department System – Electronic File Wrapper The development team completed the upgrading of the patents Department system used for the national applications at the ILPO. This version fully supports an electronic file wrapper and will enable the patent examiners and the Formalities Department to enjoy the many advantages in going paperless. In addition, in view of the anticipated amendment of the Patents Law which will oblige providing public review of patent applications file wrappers, comprehensive scanning projects of thousands of files were designed and planned for 2012. 32 Chapter M. The ILPO Website
Chapter M The ILPO Website
In May 2011, the new ILPO website went online. The new website was designed by representatives of the various departments: Formalities Department, Trademarks Department, Designs Department, PCT Department and the Legal Department. The year-long design effort resulted in an improved, comfortable user experience.
The website went online following graphical and technical assistance of the internet team of the Ministry of Justice, which supports the uploading of content on a daily basis. M In 2011, 48,503 hits were measured at the Hebrew version of the website.
The most reviewed pages were: 1. The Trademarks Department site 2. The “Contact US” page 3. The Patents Department website 4. The Trademarks user-guide 5. The Patent Law
The Israel Patent Office Chapter N. Patent Attorneys Licensing 33
Chapter N Patent Attorneys Licensing
According to Section 142 of the Patents Law, 5727-1967, the following conditions are required to be included in the Patent Attorneys’ ledger and receive a patent attorney license in Israel: 1. Israeli citizenship 2. Registration with the engineers and architects’ ledger or qualifying a higher education institute in one of the following subjects: engineering, chemistry, physics, biology, pharmacology, computer science, or graduating a higher education institute abroad or a polytechnic authorized by the Minister of Justice in one of said subjects 3. Successfully passing the examinations according to the Law (or receiving an exemption thereof) N 4. Employment as a trainee for at least two years at a patent attorney’s office, who has at least 3 years of experience in the field, or at a patent office, or at a patent department of an industrial firm 5. Payment of fee
As part of its various duties according to the Patents Law 5727-1967, the ILPO administers the Patent Attorneys’ ledger in the scope of which the following operations are carried out: • Registration and supervision of patent attorneys’ trainees • Conducting of qualifications examinations • Grant of license to those who met all of the conditions described above
On April 16th, 2008, Commissioner Circular M.N. 60 was published in order to regulate the issues of patent attorney licensing, training and examination.
Patent Attorney’s Internship The purpose of chapter 2 in said Commissioner Circular is to clarify some of the requirements regarding the trainees’ internship, thus attempting to prevent anguish from those trainees whose internship may not be authorized. The main issues dealt with in the chapter are: • The term of internship will be of at least 36 weekly hours for the duration of 24 months • The scope of the internship should be at least 18 weekly hours for the duration of 48 months • A trainee may be absent up to 30 days in one year of internship • The mentor has to have at least 3 years of experience as a patent attorney 34 Israel Patent Office Annual Report 2011
In order to ensure that all required conditions for internship are met and to maintain the quality of patent attorneys’ internship, the supervision on both trainees and mentors was enhanced: 1. The mentor is obliged to provide the ILPO with a confirmation of date of start of internship of trainees in his office and of its scope. Such confirmation will be provided to the ILPO no later than one month after the trainee actually started the internship at the mentor’s office. If said notice of confirmation of start of internship is received at ILPO more than one month after start of internship, the date in which the notice is received at the ILPO, will be considered as the start date of the internship. 2. The mentor will submit to the ILPO a report after the completion of half of the term of the internship. 3. The mentor will submit to the ILPO a report at the end of the trainee’s internship. The report will include details of the fields in which the trainee dealt in, types of operations in which she was employed, general description of the scope of said operations and details of the scope of employment of the trainee.
Patent Attorneys’ Examinations Experience shows that trainees who attend the examinations at the initial stage of the internship or prior to graduation of a first degree in the relevant subjects, do not succeed in the examinations and cause unnecessary strain on the system. Therefore, it was stipulated in Circular M.N. 60, that trainees may attend the examinations only after completion of half of the internship. Furthermore, only those who received, at least, their graduation certificate of their first degree in the said relevant subjects or those who completed their studies and have not more than two exams left to qualify to receive said certificate, may attend. The Israel Patent Office The subjects of the oral exam are set forth in Section 128 to the Patents Law 5727-1967 and include inter alia:
• Patents, Designs and Trademarks Laws of Israel • Principal issues of Israeli Copyright Laws • Principal issues of the Patents, Designs and Trademarks substantial Laws in industrially developed countries • Principal issues of International Laws in the field of intellectual and industrial property • Rules of evidence necessary for conducting proceedings before the Commissioner
Section 130 to the Patents Law 5727-1967 stipulates that the written examination be comprised of preparing a specification of an invention together with explanations and details. Such specifications should comply with the requirements of the law and regulations regarding form and substance. Furthermore, an examination in language is required according to Section 129 to the Patents Law 5727-1967. The law sets forth several occasions on which the trainee may be exempt Chapter N. Patent Attorneys Licensing 35 from examinations. Sections 133 and 134 of the Patents Law 5727-1967 specify the criteria to be met in order to receive the exemption from language examinations, which are the most common exemptions. The examinations take place few times a year and a notice of themis published at the ILPO website.
In 2011, written and oral examinations were carried out in two occasions: January 2011, to which 51 trainees were registered (26 for the written examination and 35 for the oral examination) and July 2011, towhich 52 trainees registered (34 in the written examination and 31 in the oral examination).
Registration in the Patent Attorneys’ Ledger Once all the conditions specified in Section 142 of the law are met,an applicant may be registered in the Patent Attorneys’ ledger. The ledger is published at the ILPO website. N In 2011, 32 new patent attorneys were added to the ledger, once they successfully completed their internships and qualified the examinations. At the end of 2011, the amount of registered patent attorneys in Israel exceeds 400.
36 Chapter O. Visits at the ILPO
Chapter O: Visits at the ILPO
The Japan Patent Office (JPO) Delegation In December 2011, the ILPO hosted a delegation from the JPO. The delegation included Mr. Taizo Hara, Deputy Director of the Patent Examination Policy Planning Office and Mrs. Akiko Kakubari, Assistant Director of the Patent Examination Policy Planning Office. In the one day visit at the ILPO, various cooperation issues were discussed. Following this visit, it was resolved that a cooperation between the Offices in the scope of the PPH started as of March 1st, 2011 (see chapter I above). O
The Israel Patent Office Chapter P: Awarding of a Prize for an Outstanding Student Paper in the Field of Patents, Designs and Trademarks 37
Chapter P: Awarding of a Prize for an Outstanding Student Paper in the Field of Patents, Designs and Trademarks
2011 was the third year in which the award for an Outstanding Student Paper in the Field of Patents, Designs and Trademarks was given. The prize is awarded in a competition among students of academic institutions in Israel for a written research paper in the field of industrial intellectual property and the awarded paper is chosen by a committee comprised of representatives of the institutions. In 2011, the members of the committee were: Dr. Miriam Bitton of the Law Faculty in Bar Ilan University, Dr. Katia Assaf of the Law Faculty of the Hebrew University and Dr. Daniel Benoliel of the Law Faculty of the Haifa University. P In 2011, the award was given in a ceremony conducted in the Law Faculty in the Haifa University to the paper titled: “Economic Crisis and their Effect on Patent Applications” by Mr. Dimitri Litvak and Mr. Ben Ingel.
Papers in the following subjects were also submitted: 1. The Protection of an Architectural Work in view of the New Copyright Law 2. Patent Protection for Software (War and Peace in the Patents World) 3. Cultural Protection by Appellations of Origin 4. The Common Law in a Patent Skim 5. Taxation Aspects in Patents and Intellectual Property Transactions 6. Economic Analysis: Administration Regime in the Drug and Medicine Markets – Patentability 38 Israel Patent Office Annual Report 2011
The Israel Patent Office 39
Chapter Q: Statistical Data 40 Israel Patent Office Annual Report 2011
The Israel Patent Office 41
Statistical Data Patents and PCT Departments 42 Israel Patent Office Annual Report 2011
Patent Applications Filed vs. Patents Granted in 2001-2011
9,0009000 064 , 792 8 , 544 7 ,
8,000 266 7
8000 , 7 826 ,886 790 783 , , , 6 508 6 6 6 ,
7,000 309 , 7000 6 021 6 , 6 6,000
6000 ,104 5
5,0005000
4,0004000 628 648 , , 293 2 269 360 2 , 268 , , ,
3,000 2 2 2 3000 016 2 914 716 , , , 2 1 1 441 , 2,0002000 1
1,0001000
00 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Granted פטנטים Patentsשניתנו בקשות Applications פטנטים Patents
Chart Title Patent Applications Filed in 2011 – by Fields Chart Title 0% A Human Necessities 0% A 2% 6% 2% 6% B Performing Operations, Transporting B The Israel 30% Patent Office 30% 14% 14% C C Chemistry, Metallurgy
D 9% D Textiles, Paper E 9% E Fixed Constructions F
G F Mechanical Engineering H G Physics 9% H Electricity 30% Classification of fields from the WIPO website 9% http://www.WIPO.int/classifications/ipc/ipc8/ 30% Chapter Q: Statistical Data 43
Patent Applications Filed at the ILPO in 2011 – by Country of Origin Country of Origin Patent PCT Applications Entering Applications National Phase in Israel
Filed Granted Filed Granted Australia 1 1 67 89 Austria 3 2 12 11 Belarus* - - - 1 Belgium 4 1 3 6 Belize* - 1 - - Brazil 2 - 4 2 British Virgin 1 - - - Q Islands* Canada - 9 55 56 Chile* - - 1 - China 1 3 61 10 Croatia* - - - 2 Cuba - - - 1 Cyprus 10 - - - Czech Republic - - 2 4 Denmark 1 1 31 36 Ecuador * - - 2 - Egypt* - - 1 - European Patent - - 1,289 909 Office Finland - - 18 13 France 36 49 162 156 Germany 46 27 22 30 Greece - - 1 1 Hong Kong 1 - - - Hungary - - 13 15 Iceland* - - 5 1 India 2 2 33 14 International - - 315 178 Bureau Ireland 1 1 4 3 Israel 943 458 420 277 44 Israel Patent Office Annual Report 2011
Country of Origin Patent PCT Applications Entering Applications National Phase in Israel Filed Granted Filed Granted Italy 14 11 15 27 Japan 7 15 214 188 Latvia* - - 2 1 Luxembourg - 5 - - Malaysia* - - 1 - Mexico - - 3 2 Monaco* - 1 - - Netherlands 8 4 48 29 New Zealand - - 4 7 Norway 3 - 6 12 Poland - - 2 - Portugal - - 3 - Romania - - 1 1 Russia - - 12 2 Saudi Arabia* - 1 - - Seychelles* 1 - - - Singapore 3 1 21 5 Slovenia* - - - 1 South Africa - - 1 - South Korea 3 4 32 43 Spain 3 11 19 14 The Israel Patent Office Sweden - 8 51 59 Switzerland 11 27 12 16 Taiwan 2 4 - - Turkey - - 1 1 Ukraine - - 1 - United Kingdom 10 14 211 212 United States 240 179 2,346 1,826
* Countries from which no patent application was made in Israel during 2010 Total applications filed 6,886 Patent applications 1,359 PCT applications 5,527 Total patents granted 5,104 From patent applications 840 From PCT applications: 4,264 Chapter Q: Statistical Data 45
Leading Foreign Applicants in 2011
Company Name No. of applications
RAYTHEON COMPANY 109
F. HOFFMANN-LA ROCHE AG 99
SANOFI-AVENTIS DEUTSCHLAND GMBH 67
BOEHRINGER INGELHEIM INTERNATIONAL GMBH 64
BASF SE 61
MICROSOFT CORPORATION 60
GENENTECH, INC. 59 Q
NOVARTIS PHARMA AG 59
QUALCOMM INCORPORATED 56
SANOFI 54
ASTRAZENECA AB 36
MERCK PATENT GMBH 32
THALES 30
BAYER PHARMA AKTIENGESELLSCHAFT 26
BAE SYSTEMS PLC 25
GLAXO GROUP LIMITED 24
BAYER CROPSCIENCE AG 24
NESTEC S.A. 24
GLAXOSMITHKLINE BIOLOGICALS S.A. 23
ELI LILLY AND COMPANY 23 46 Israel Patent Office Annual Report 2011
Leading Domestic Applicants in 2011
Company Name No. of applications
Private Applicant 34
YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW 32 UNIVERSITY OF JERUSALEM LTD. BIOSENSE WEBSTER (ISRAEL) LTD 29
YEDA RESEARCH AND DEVELOPMENT CO. LTD. 26
VERINT SYSTEMS LTD. 18
TEVA PHARMACEUTICAL INDUSTRIES LTD. 16
ISRAEL AEROSPACE INDUSTRIES LTD. 15
ELTA SYSTEMS LTD. 13
RAFAEL ADVANCED DEFENSE SYSTEMS LTD. 12
ISCAR LTD. 12
ECI TELECOM LTD. 12
RAMOT AT TEL-AVIV UNIVERSITY LTD. 12
BEN-GURION UNIVERSITY OF THE NEGEV 10 RESEARCH AND DEVELOPMENT AUTHORITY The Israel Patent Office Chapter Q: Statistical Data 47
Leading PCT Applicants in 2011
Company Name No. of applications
YEDA RESEARCH AND DEVELOPMENT 42
YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW UNIVERSITY OF JERUSALEM LTD. 42
RAMOT AT TEL-AVIV UNIVERSITY LTD. 40
TECHNION RESEARCH & DEVELOPMENT FOUNDATION LTD. 24 ISCAR LTD. 23 Q DSP GROUP LTD. 14
BEN GURION UNIVERSITY OF THE NEGEV RESEARCH AND DEVELOPMENT AUTHORITY 13
VARONIS SYSTEMS, INC. 13
ISRAEL AEROSPACE INDUSTRIES LTD 13
HADASIT MEDICAL RESEARCH SERVICES & DEVELOPMENT COMPANY LTD. 10
ELTA SYSTEMS LTD. 9
HEWLETT-PACKARD INDUSTRIAL PRINTING LTD. 9
TEL HASHOMER MEDICAL RESEARCH INFRASTRUCTURE AND SERVICES LTD. 8
SYNERON MEDICAL LTD. 7
AMIAD WATER SYSTEMS LTD. 7 48 Israel Patent Office Annual Report 2011
Amount of Patent Applications in 2001-2011 (including Applications Claiming Priority)
9,000
8,000
7,000
6,000
5,000
6,731 4,000 6,202 6,581 5,437 5,473 6,222 4,986 5,069 5,722 5,891 4,734 3,000
2,000
1,000
1,346 1,323 1,287 1,439 1,353 1,342 1,333 1,211 0 1,068 1,044 995
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 (Applications (Not Claiming Priorityבקשות התובעות דין Domesticקדימה שאר בקשות הפטנט Applications Claiming Priority
The Israel Patent Office Chapter Q: Statistical Data 49
Patent Applications Closed during 2011
Total applications closed after the start of substantial examination (after sending at least one office action, according to regulation 45): 2,369
Total applications closed before the start of substantial examination (prior to sending one office action and following a request according to Section 18 to the Patents Law 5727-1967): 2,557
Patent Applications Closed During 2011 Prior to Start of Examination / Post Start of Examination – by Classification
800 757 723 700
591 600 565 Q
500 483
412 400 338
300 235
200 183 124 136 128 92 100 84 62
13 0 A B C D E F G H Closed Post to Examinationבקשות שנסגרו ללא Applications בחינה בקשות Examinationשנסגרו to לאחר Prior בחינה Applications Closed
A Human Necessities B Performing Operations; Transporting C Chemistry; Metallurgy D Textiles; Paper E Fixed Constructions F Mechanical Engineering; Lighting; Heating; Weapons; Blasting G Physics H Electricity
Classification of fields from the WIPO website http://www.WIPO.int/classifications/ipc/ipc8/ 50 Israel Patent Office Annual Report 2011
Applications Actively Abandoned by the Applicant in 2011
60 57
50
40 31 30 17 20
10
0 בטרם examiner’s הערותto בוחן action Prior לאחר officeמכתב first ראשון של הבוחןoffice Following לאחר multiple התייחסות שניה או Following examiner from the examiner comments יותר theשל from הבוחן actions
105 patent applications were actively abandoned by the applicant in 2011.
The Israel Patent Office Chapter Q: Statistical Data 51
Use of Accelerated Examination Procedures
Use of Section 17(c) to the Patents Law in 2011 (Modified Examination) – by Fields
600 514
500
400
300 198
113 Q 200
100
0 ביוטכנולוגיה Biotechnology כימיה Chemistry מכניקה, ,Electronics אלקטרוניקה, ,Mechanicsמחשבים, Medical Devices מכשור רפואי ,Computers * 825 applications were allowed in 2011 according to Section 17(c) to the Patents Law, following motion by the applicant.
According to Section 17(c) to the Patents Law, an applicant, whose patent for a parallel application has been already granted in another patent office listed in a due notice of the Commissioner and the application complies with the other requirements as stated in the said Section, can request that the examination in Israel be considered as complying with Sections 4,5,8,12 and 13 to the Patents Law, thus permitting a considerable decrease of the examination time.
It should be noted that according to Section 17(d) to the Patents Law, the Commissioner, the Superintendent of Examiners or her Deputy, can deny an application from being examined according to Section 17(c) to the Patents Law, if the application does not comply with the specific requirement as stated in the Section or if there is another reason for denying such request. The data above regards applications that were not denied according to Section 17(d) to the Patents Law, 10% of all applications filed in accordance with Section 17(c). 52 Israel Patent Office Annual Report 2011
Examination Applications according toהקדמת בחינה Status of Accelerated in 2008-2011 הזנחת הבקשה ,Regulations לאחר בחינה Patents שהוקדמהRegulation 35 to the פרסום שני או מתן פטנט לגבי בקשה שבחינתה הוקדמה 120
103 100
80
57 60 56 54
34 40 30 20 20 15 7 3 5 4 0 2008 2009 2010 2011 examination הקדמת Acceleratedבחינה following accelerated examination הזנחת הבקשהof application לאחר בחינה Abandonmentשהוקדמה accelerated examination פרסוםfollowing שני או מתן application פטנט an לגביof בקשהor grant שבחינתה Allowanceהוקדמה 120
Motions to make special and accelerate the examination103 can be filed according 100 to Section 35 to the Patents Regulations, which states that an applicant, who has reason, can file a motion to the commissioner’s approval, for immediate 80 examination, and if approved, such application will be examined as close as possible to the submission date. 57 60 56 54
40 34 The Israel 30 Patent Office 20 20 15 7 3 5 4 0 2008 2009 2010 2011 Chapter Q: Statistical Data 53
Amount of Patent Applications in the Status of “Green Applications” for Accelerated Examination in 2011
1 4
38 Q Patents Granted Rejected as “Green Applications Under Examination בהליך בחינה סורבו כירוקות התקבלו כפטנט
Rejected applications are those which did not meet the criteria for “green application” for an accelerated examination.
Within the international efforts to protect the globe and the environment, many patent offices adopted policies encouraging the filing of patent application for green inventions. “Green Applications” are considered applications in which the invention described helps improve the environment, inter alia, by preventing the causes of global warming, reducing the air or water pollution, promoting nonpolluting agriculture, dealing with alternative energy sources etc. The ILPO published a Circular (M.N. 76 of December 13th 2009) in which criteria were set out for being eligible for accelerated examination as a “Green Application”. An application that meets the criteria of the Circular will be classified as a green invention and its examination shall start within 3 months of the classification date. 54 Israel Patent Office Annual Report 2011
Divisional Applications Divisional Applications according to Section 24 to the Patents Law, in 2011 – by Fields 197 200 183 192 180 160 140 120 100 80 60 40 20 0
ביוטכנולוגיה Biotechnology כימיה Chemistry מכניקה, ,Electronics אלקטרוניקה, ,Mechanics Devicesמחשבים , מכשור Medical רפואי ,Computers
* In 2011, 572 divisional applications were filed.
Patent of Addition Applications
4 4 3
3 2 The Israel Patent Office 2
1
10
Chemistry Mechanics, Electronics, Devices מכניקה, Medical אלקטרוניקה, ,Computers כימיה מחשבים, מכשור רפואי
In 2011, 5 applications for Patents of Addition according to Section 44 of the Patents Law were filed, 3 in the field of mechanics, electronics, computers and medical devices and 2 in the field of chemistry. Chapter Q: Statistical Data 55
Legal Proceedings in the Patents Department in 2011
In 2011, 3 demands for patents cancellations were submitted, 2 demands for cancellation of patent applications in the field of mechanics, electronics, computers, and medical devices and one demand for cancellation of a patent application in the field of chemistry.
Amount of Oppositions vs. the Amount of Patent Applications Granted/Allowed in 2001-2011
6,000
112 , 5
6,000 714 ,
5,000 4
112 , 5 714 ,
5,000 4
4,000 210 ,
089
, 3 3
4,000
648 633 Q
,
,
3,000
2 210 2 387
, , 294 294
089
268 , , 199 , ,
3 2 118 115 , 105 2 2 048 3 2 ,
, 025 , 2 , ,
906
2 884 2 2
648 834 633 , 2 , 2
, ,
, 716
3,000 1
1 , 2 1 2 387
, 294 294
2,000 1
268 445 407 , , 199 , ,
2 , 118 115 , 105 2 2 048 2 , , 025 1 , 1 2 , , 906
2 884 2 2
834 , 2 , 2 , 716 1 1 , 1
2,000 1 445 407 ,
1,000 , 1 1
49 40 42 42 35 33 31 27 21 22 1,000 20
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 49 40 42 42 35 33 31 27 21 22 20 Patents Granted Oppositions Patents Allowed 2011 2010 2009 2008 בקשות שקובלו 2007 2006 התנגדויות 2005 פטנטים 2004 שניתנו 2003 2002 2001 Classificationבקשות by שקובלו - התנגדויות in 2001-2011 פטנטים שניתנו Amount of Oppositions 50 45 6 40 5 3 10 35 13 9 1 30 7 3 14 2 4 11 5 25 8 3 13 8 2 16 1 2 3 4 20 3 1 1 6 2 14 7 9 3 15 6 3 11 5 11 7 10 5 13 8 2 1 8 2 10 1 3 2 3 1 4 2 2 1 5 4 1 2 4 4 6 5 3 2 2 4 4 4 2 2 2 0 1 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Classification of fields from the WIPO website http://www.WIPO.int/classifications/ipc/ipc8/ 56 Israel Patent Office Annual Report 2011
Pending Legal Proceedings at the ILPO in 2011
Postponed proceedings Cancellations following Commissioner's Oppositions demands Circular M.N. 23*
At the end of 2011 13 4 112
* Commissioner’s Circular M.N. 23 stipulates that when a divided application is under examination, all opposition proceedings regarding any application from its family (parent application or any other divided application from the same parent application) should be delayed until the publication of the divided application.
Status of Patent Applications Oppositions during 2011
New Oppositions Abandonment Opposition Opposition proceedings removed of the patent accepted by rejected by submitted by the application by Commissioner’s Commissioner’s Opponent the applicant ruling ruling during the opposition
No. of 42 8 13 8 1 Oppositions Average proceeding period since the day of 25 20 73 127 initiation of the proceeding (in months)
The Israel Patent Office In addition, in 2011: • 22 unilateral proceedings were heard • 13 new Patent Term Extension applications were filed and 2 were granted • 52 patent reinstatement requests were filed
Furthermore, in 2011, 4 applications were pending before the Compensation and Royalties Committee. One of which was filed in 2011.
All the decisions given, including the many interim decisions, issued in 2011, are available for viewing on the ILPO website: http://www.justice.gov.il/MOJHeb/RashamHaptentim/ HachlatotRasham/default.htm
In the PCT Department, no appeals on the examiner’s decisions were submitted in 2011. Chapter Q: Statistical Data 57
International Profile of Israel’s Activity in the Field of Patents Total International Patent Applications Filed in 1995-2010 – by Country (Israel Ranked 15th)
888
500,000 , 461 648
450,000 , 415
400,000 293 350,000 , 307
300,000
695
250,000 , 430 , 177 200,000 138
150,000
438 , 595
, 367 100,000 977 , 360 849 52 249 , , 599
843 334 42 , , ,
30 28 , 868 759 424 252
23
21
17 ,
13
10 10 50,000 10 , 097
8, 8, 8, 8, -o UK
USA Q Italy Israel Spain China Japan Russia France Austria Finland Canada Sweden Belgium Australia Denmark Germany Switzerland South Korea Netherlands
From WIPO’s database, last updated on December 2011.
Total Patent Applications Filed in 2010 – by Office of Origin (Israel Ranked 17th)
226 , 500,000
490
177
450,000 , 391 598
400,000 , 344 350,000
300,000
250,000 101 101 , 961 961 ,
200,000 170
150
150,000
245
, 500
, 100,000 449 , 59 887 686
929 , , 580 , 576 702 42 , ,
, 35
773 057 306 636 463 383 24 22 , 21 , , ,
, ,
16
14 11
50,000 9
8 7 6 6 6
-o UK EPO USA DPRK Israel Brazil China Japan Russia New France Mexico Canada Zealand Australia Malaysia Germany Singapore Hong Kong South Korea South Africa South
From WIPO’s database, last updated on December 2011. 58 Israel Patent Office Annual Report 2011
Total Patents Granted in 1995-2011 – by Country (Israel Ranked 20th)
044 300,000 285 ,
250,000 189
200,000 186 ,
150,000 554 , 533 ,
84
100,000 046 , 75
55 734
370 786 , , 798
50,000 27 , 916 704 579 22 , 256 412 259 228 673 610 326 13 12 9, 9, 728 8, 7, 6, 5, 5, 4, 3, 3, 3, 0 UK USA Italy Israel Spain China Japan Russia France Austria Finland Canada Sweden Belgium Australia Germany Switzerland South Korea Netherlands North Korea (DPRK) Korea North From WIPO’s database, last updated on December 2011.
Total Patents in Force in 2004-2010 (Israel Ranked 22nd)
2,500,000
The Israel , 318 Patent Office
2,000,000 2, 017
432 ,
1,500,000 1, 423
1,000,000
412 ,
760 , 046 , 640 915 209 , , 564
514
435 424
500,000
, 904
355
033 , , 293 017 132 , , , 859 , 040 181 022 225 120 804 021 , 494 622 , , 133 , , , 346 123 96 82 80 79 53 52 , 527 40 33 , 32 , 31 , 30 26 24 21 -o UK USA Israel Spain Brazil China Japan Russia France Poland Ireland Greece Mexico Canada Ukraine Sweden Monaco Australia Germany Hong Kong Philippines Switzerland South Korea Luxembourg
From WIPO’s database, last updated on December 2011. Chapter Q: Statistical Data 59
Total Patents Granted in 1995-2011 – by Office of Origin (Israel Ranked 19th)
250,000 693 614 , , 222 219 200,000
110 150,000 , 135
100,000
843 , 108 , 68
58
50,000 322 ,
120
, 557 30 678 , , 899 19 399 290 594 353 331 14 347 13 874 251 9, 9, 6, 5, 5, 5, 4,442 4,442 4, 3, 724 3, 0 3, Q UK EPO USA Israel Brazil China Japan Russia France Mexico Canada Ukraine Australia Germany Singapore Hong Kong Hong South Korea South Africa South New Zealand New North Korea (DPRK) Korea North
From WIPO’s database, last updated on December 2011.
Total Patent Applications by Fields: Israel vs. the Rest of the World in 2000-2009
35.00% 33.12% Israel World
29.46% 30.00% 28.72%
25.36% 25.00% 22.16% 21.77%
20.00%
15.19% 15.00% 11.60%
10.00% 7.76%
4.86% 5.00%
0.00% Electrical engineering Instruments Chemistry Mechanical Other fields engineering
From WIPO’s database, last updated on December 2011. 60 Israel Patent Office Annual Report 2011
Patent Applications per US $ 1.0 Billion GNP in 2000-2010 (Israel Ranked 20th)
100.0 99.8
80.0 73.7 60.0
40.0 32.2
18.4 18.4 17.2 17.2 14.5 14.5 14.3 14.3 14.1 14.1 13.1 13.1 12.2 12.2 10.2 10.2 9.3 9.3 9.1 9.1 9.0 9.0 8.8 8.6 8.6 8.2 8.2 7.7 7.7 20.0 7.7 7.3 7.3 0.0 UK USA Israel China Japan Russia France Austria Finland Belarus Ukraine Georgia Slovenia Armenia Denmark Germany Kyrgyzstan South Korea New Zealand Republic of Moldova From WIPO’s database, last updated on December 2011.
Patent Applications per capita (Millions) in 2010 (Israel Ranked 18th)
The Israel Patent Office
697
3,0003000.00 , 2 276 2,500 ,
2500.00 2 2,0002000.00 1,5001500.00
1,000 783
1000.00
576 363 329 323 323 293 500 289 249 234 229 229 227 219
500.00 215 210 203 190 185 180 0.000 UK USA Israel China Japan South Korea New Russia North Korea France Austria Iceland Finland Belarus Norway Zealand Sweden Slovenia Denmark Germany Switzerland
From WIPO’s database, last updated on December 2011. Chapter Q: Statistical Data 61
PCT Applications in 2011 – by Country of Origin
076 ,
50,000 331 43 ,
35 40,000 675
, 318
30,000 ,
16 292 14
20,000 , 474 , 408 9 499 087 002 658 , 426 877 , 598 505 , 307 226 , 157 152 066 6 , , , , , , , , , , 4 3 3 3 2 10,000 2 1 1 1 1 1 1 1 1 0 USA Italy India Israel Spain China Japan France Austria Finland Canada Sweden Belgium Australia Denmark Germany Switzerland Netherlands United KingdomUnited Republic Korea of Republic Q * Israel ranked 16th, as it did in 2010. From WIPO’s database, last updated on March 2012.
PCT Applications in 2010 – by Receiving Office
361 ,
45,000 43 507
40,000 , 34 388
35,000 , 27 30,000
25,000 204 ,
20,000 15
236
,
808
15,000 , 9 7
883
094 10,000 , , 972 659 554 249 123 115 062 , 3 , , , , , , 3 1 1 1 1 1 1 1 898 755 704 597 5,000 505 0 IB UK EPO USA India Israel Spain China Japan France Russia Austria Finland Canada Sweden Australia Denmark Germany Netherlands Republic of Korea
* Israel ranked 15th, as it did in 2010. From WIPO’s database, last updated on March 2012, data for Israel from ILPO’s database. 62 Israel Patent Office Annual Report 2011
International Cooperation in International Patent Applications in 2010:
PCT Applications with at least one foreign inventor by country of origin (%), 2010
80.5 80 70 57 56.9 60 47.3 50 46.3 44.7 44.2 43.9 37.5 36.6 40 33.1 30.3 27 25.5 30 22.8 21 15.5 20 10.8 10.6 10 9 10 0 ilings with foreign investors (%) F UK USA Italy India Israel Spain China Japan France Others Austria Finland Canada Sweden Belgium Australia Denmark Germany Switzerland South Korea Netherlands
Inventor in foreign-owned PCT applications (%), 2010
80 70 65.2 60 53.7 49.5 46.4 50 42.4 41.7 The Israel 38.8 Patent Office 40 34 28.2 27.1 26.9 24.6 24.5 24.3 23.9 30 22.6 20.5 20 13.5 8.9 8 10 3.2 0 UK nventors in foreign companies (%) nventors in foreign companies (%) USA Italy I India Israel Spain China Japan France Others Austria Finland Canada Sweden Belgium Australia Denmark Germany Switzerland South Korea Netherlands
From the data above, one can see that in 27% of foreign-owned PCT applications were Israeli inventors.
From WIPO: World Intellectual Property Indicators, 2011 Chapter Q: Statistical Data 63
Distribution of International Applications Filed by Israeli – by International Searching Authorities In 2011, Israeli applicants could request a search report in the framework of the PCT from the International Searching Authority of the European Patent Office or from the International Searching Authority of the United States Patents and Trademarks Office. The following is a distribution of the applications in both ISAs in 2005-2011 (until the third quarter of 2011): ISA United States of America: Top Origins Origin_Name / Year / 2005 2006 2007 2008 2009 2010 2011 Quarter ------to date Total 28,622 30,537 30,506 21,380 15,458 15,889 12,112 United States of America 26,412 28,076 27,911 19,291 13,830 14,130 10,664 Israel 871 913 979 850 652 713 487 India 113 120 159 122 94 151 168 Canada 109 148 166 145 171 149 104 Q Switzerland 109 116 128 95 89 132 110 Japan 264 254 242 241 135 124 150 France 73 108 96 81 117 54 40 China 38 62 64 39 32 52 37 United Kingdom 118 121 104 48 45 43 48 Germany 60 60 62 53 31 40 31 Others 455 559 595 415 262 301 273
ISA European Patent Office: Top Origins Origin_Name / Year / 2005 2006 2007 2008 2009 2010 2011 Quarter ------to date Total 67,118 71,513 75,387 77,908 69,960 68,926 51,584 Germany 15,899 16,644 17,697 18,698 16,690 17,425 13,291 United States of America 20,177 21,790 22,421 21,152 17,882 16,951 12,790 France 5,661 6,066 6,375 6,918 6,991 7,054 5,134 United Kingdom 4,942 4,928 5,370 5,362 4,926 4,739 3,446 Netherlands 4,423 4,486 4,373 4,301 4,313 3,856 2,247 Switzerland 3,076 3,356 3,597 3,605 3,452 3,437 2,599 Italy 2,342 2,685 2,926 2,871 2,639 2,650 1,980 Sweden 1,024 1,357 1,524 2,142 1,931 1,730 1,371 Japan 1,715 1,733 1,628 1,487 1,281 1,222 1,093 Austria 849 909 999 945 1,021 1,127 992 Belgium 1,051 993 1,082 1,104 992 1,036 843 Denmark 1,002 1,056 1,071 1,287 1,217 1,017 769 Israel 581 674 754 1,031 889 744 558 Finland 507 507 767 1,458 1,008 713 513 India 421 475 452 482 372 614 526 Others 3,448 3,854 4,351 5,065 4,356 4,611 3,432
* Starting June 1st, 2012, Israeli applicants can receive International Searching and Preliminary Examination services from the ILPO acting as an ISA/IPEA.
From WIPO’s database, last updated on December 2011. 64 Israel Patent Office Annual Report 2011
The Israel Patent Office 65
Statistical Data: Designs Department 66 Israel Patent Office Annual Report 2011
Design Applications and Registered Designs in 2001-2011 בקשות שהוגשו מדגמים רשומים
724 1,775 1,755 665 1,800 1, 1,677 1, 1,622 511
1,600 1, 1,451 1,443 369 362 299 1, 1, 1,400 281 1, 1,
1,200 107 1, 026 1,080 1,080 1,
1,000 907 861 848 843 800 658 617 600
400
200
0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Design Applications Registered Designs
The Israel Patent Office Chapter Q: Statistical Data 67
Design Applications Filed at the ILPO in 2011 – by Country
Country Number of Applications Australia 6 Bahamas 3 Belgium 1 Brazil 163 Canada 1 China 13 Cyprus 7 Finland 3 France 9 Q Germany 25 Hungary 1 Israel 1,030 Italy 43 Japan 17 Latvia 2 Luxembourg 2 Mexico 2 Netherlands 21 New Zealand 1 Portugal 2 Russia 1 South Korea 2 Spain 7 Sweden 10 Switzerland 40 Thailand 1 Turkey 9 United Kingdom 13 United States 71 Virgin Islands 5
Domestic Applications: 1,030 Foreign Applications: 481 Total Applications: 1,511 68 Israel Patent Office Annual Report 2011
Design Applications Filed at the ILPO in 2011 – by Classification Classification Foreign Applications Domestic Applications Registered Filed Registered Filed Unclassified yet 0 25 0 171 1: Food products 150 10 2: Clothing and apparel 53 112 44 76 3: Travel goods cases, parasols, personal goods 67 20 40 not classified elsewhere 4: Brushes 19 14 2 5 5: Textile items, synthetic or natural sheet material 030 0 6: Furniture 32 56 70 7: Household items not classified elsewhere 6 18 27 50 8: Tools and instruments 19 26 42 44 9: Packages and containers for transport or 52 68 62 70 handling of goods 10: Wall clocks, watches and devices and other 221 3 measuring instruments for testing and signaling 11: Decorating items 40 103 46 62 12: Transportation and lifting 7 13 31 29 13: Equipment for generating, distribution or 22 76 11 transformation of electricity 14: Equipment for recording, communications 199 2 and data retrieval 15: Machines not classified elsewhere 437 9 16: Photography and filming equipment, optical 1 14 1 3 Instruments 17: Musical instruments 003 1 19 : Office supplies and office equipment, artists 70 10 9 and teaching equipment
The Israel 20: Sales and advertising equipment, signs 20 14 15 Patent Office 21: Games, toys, tents and sports goods 63 24 44 22: Weapons, fireworks, hunting fishing and pest 302 1 control equipment 23: Fluid transfer equipment, sanitary equipment, 21 11 23 59 HVAC equipment, solid fuel 24: Medical and laboratory equipment 19 14 13 15 25: Construction units and building components 2 21 104 187 26: Lighting facilities 777 28 27: Tobacco and smoking articles 121 4 28 : Pharmaceutical and cosmetic preparations, 415 10 cosmetic items and equipment 29:Equipment and facilities for fire protection, 301 0 accident prevention and life saving 30 : Animal treatment 000 2
Domestic Applications 1,030 Domestic Registered Designs 552 Foreign Applications 481 Foreign Registered Designs 309 Total Applications 1,511 Total Registered Designs 861
* Classifications according to the Third Addition to the Designs Regulations Design Chapter Q: Statistical Data 69
Design Applications Filed in 2011 – by Classification Design Applications Filed in 2011 – by Classification
classfication 27; 5 classfication 28; 11 classfication 26; 35 classfication 30; 2
classfication 24; 28 unclassified yet; 241 classfication 25; 184 classfication 1; 14
classfication 22; 2
classfication classfication 20; 15 23; 68
classfication classfication 21; 47 classfication 2; 186 19; 16 Q classfication 17; 1 classfication 16; 17 classfication 15; 9 classfication 14; 10 classfication 3; 42 classfication 4; 19 classfication 13; 16 classfication 11; 164 classfication 5; 3 classfication 6; 67 classfication 12; 40
classfication 7; 69
classfication 10; 4 classfication 8; 69 classfication 9; 127
81
Registered Design in 2011 – by Classifications Israel Patent Office Annual Report 2011 70
Registered Designs in 2011 – by Classifications
classification 28; 9 classification 29; 4 classification 26; 14 classification 27; 2 classification 1; 1
classification 3; 27 classification 2; 97 classification 4; 21 classification 25; 106
classification 24; 32
classification 6; 58 classification 23; 44
classification 22; 6 classification 7; 33 classification 21; 27
classification 20; 14 classification 8; 61 classification 19; 10 classification 17; 3 classification 16; 2 classification 15; 11 classification 14; 10 classification 9; 114
classification 13; 29 classification 11; 86
classification 12; 38 The Israel Patent Office classification 10; 2
82
Chapter Q: Statistical Data 71
Leading Companies in Filing Design Applications in 2011
1. H. STERN 2. GRENDENE 3. BANANA 4. EXTAL 5. KLILL 6. DIESEL 7. KETER 8. SPADINI 9. COLGATE 10. ARTIGIANI Q
Legal Proceeding in the Designs Department in 2011: Filed Active Motion Accepted Compromise Motions at Rejected Motion Agreement the End of 2011 Motions for 1 1 1 1 1 Cancellation
In 2011, 9 unilateral proceedings were heard in the Designs Department. 72 Israel Patent Office Annual Report 2011
Design Applications Filed in 2010 – by Country (Israel Ranked 23rd)
273 ,
450,000 421 400,000 350,000 300,000 250,000
200,000
865
150,000 , 187 ,
756 059 76 , ,
100,000 57 285 863 501 415 142 891 997 614 604 540 525 515 196 31 926 826 755 717 676 617 305 29 , , , , , , , , , , , , , , , , , , , , 6 5 5 1 5 4
50,000 3 3 3 3 2 2 2 1 1 1 1 1 1 1 0 UK USA Israel Spain Brazil China Japan Russia France Poland Mexico Canada Ukraine Benelux Thailand Australia Morocco Germany Viet Nam Argentina Singapore Hong Kong Switzerland South Korea Office Office for Harmonization
From WIPO’s database, last updated on December 2011.
Registered Designs in 2010 – by Country (Israel Ranked 22nd)
400,000 243 , 335
The Israel 300,000 Patent Office
200,000
089
100,000 ,
74
697 438 , 799 , ,
33 175 652 014 327 072 184 270 290 740 566 332 27 395 772 941 472 645 22 , , , , , , , , , , , , , , , , 848 948 5 1 5 5 1 1 1 1 3 1 1 2 1 1 2 0 2 USA Israel Spain China Japan Russia Turkey Poland Mexico Canada Benelux Ukraine Thailand Morocco Australia Viet Nam Germany Singapore Hong KongHong South Korea Switzerland New Zealand Republic Korea of Republic Office for Harmonization for Office
From WIPO’s database, last updated on December 2011. 73
Statistical Data: Trademarks Department 74 Israel Patent Office Annual Report 2011
Trademarks Applications vs. Registered Trademarks in 2001-2011 * The amount of trademarks applications in 2011 includes national applications as well as international applications filed this year. It should be noted that applications filed through the Madrid Protocol arrive several months after the filing date in the country of origin. It is also important to note that since Israel entered the Madrid Protocol, it is possible to file multi-classes applications, thus explaining the decrease in national applications while there are more registrations than filings.
12,000 201
11 , 608 578 254 10 , 10 ,
, 10
10,000 389 , 121 9 ,
967
957 925 , , 804
, 9 , 8 8 8 8
412 017 366 , ,
, 239
, 8 8 8 966 8
, 679 7 621 , 554
, ,
8,000 7 335 7 7 ,
7 960 , 6 609 , 6
713 661 , ,
5
6,000 5 946 , 4
4,000 858 , 3
2,000
463
0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
סימנים רשומים סה"כ בקשות בקשות בינלאומיות בקשות לאומיות שהוגשו Registered Trademarks Total Applications International Applications Filed National Applications Filed
The Amount of New Classes Filed and Registered Classes in The Israel Patent Office 2001-2011
סיווגים סימנים רשומים סימנים רשומים סיווגים בקשות בקשות חדשות 542 ,
16,000 15
14,000
312 , 12
201
,
11 608 608 578 578
12,000 , , , , 254 254 , ,
10 10 10 10
942
10 10 ,
9 389 389
, ,
130 121 , , 967 967 957 957 9 9 925 925
10,000 , , , , 804 , , 9 9 ,
8 8 8 8 8 8 412 412 366 366 8 , ,
239 239 , , , , 017 966 966 8 8 8 8
, , , 8 8 679 679 621 621 8 , ,
7 7
6,000 , , 335 335 7 7 , , 7 7 960 , 960
8,000 7 7 ,
112 6
609 609
, 6 , , 5 6 6 714 713 , 713 , 661 661 4 5,000 , , , 5 5 6,000 5 5
4,000 210 ,
089
,
4,000 3 3
648 633
,
,
3,000
2 2 387
, 294 294
268 , , 199 ,
2 118 115 , 105 2 2 048 2 , , 025 , 2 , , 906
2 884 2 2 2,000 834 , 2 , 2 , 716 1 1 , 1
2,000 1 445 407 , , 1 1
1,000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
49 40 42 42 35 33 31 27 21 22 New Applications Classes New Registered20 Trademarks Classes Registered 2001 2002 2003 2004 2005 Applications 2006 2007 2008 2009 2010 2011 Trademarks בקשות שקובלו התנגדויות פטנטים שניתנו Chapter Q: Statistical Data 75
Legal Proceedings - Trademarks 2011 197 proceedings were opened in 2011 and 94 proceedings were closed in 2011. At the end of 2011, there were 177 pending proceedings.
Type of Opened in 2011 Closed in 2011 Total Open Proceeding Proceedings in 2011 Concurring 16 8 10 Applications Oppositions 133 66 105 Unilateral 20 12 15 Proceedings Request for 28 8 47 cancellation, deletion or correction of Q the Registrar
All issued decisions can be viewed on the ILPO’s website, including the many interim decisions: http://www.justice.gov.il/MOJHeb/RashamHaptentim/HachlatotRasham/default.htm 76 Israel Patent Office Annual Report 2011
Trademarks in Force in Israel in 2001-2011
180,000 179
,
660 166 ,
160,000 930 , 155
949 , 146
562 , 140,000 138
944 ,
129 284 ,
121 577 ,
120,000 116 971
, 110
013 103 , 97 608
100,000 , 88
80,000
60,000
40,000
20,000
0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Trademarks in Force Including Classes in Israel in 2001-2011
The Israel Patent Office 683
096
357 368 200,000 167 , 970 285 200,000 , 156 887
147 , 190 , 139 , 129 221 116 , 615 , 122 150,000 110 , , 104 97 ,
150,000 88 , 747 660 , 949 , 179 166
100,000 155
, 930 146 284
100,000 577 138 , 971 , 562 129 , 013 , 944 121 608 , 116 110 , , 97 103
50,000 , 88 50,000
00 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Trademarks in Force Classes
סיווגים סימני מסחר בתוקף Chapter Q: Statistical Data 77
Total Trademarks Registered in 2010 – by Country (Israel Ranked 33rd)
1,400,000 333 , 097 1, 1,200,000
1,000,000
800,000
600,000
400,000 , 641
, 597 989 167 943 ,
200,000 123 618 820 275 873 937 219 , 044 823 463 , 501 246 , , , , , , , , 102 570 62 41 , 092 39
34 )...( 29 , 990 24 21 21 , 20 17 17 14 , 13 11 10 10 , 0 9,
)...( USA Peru Chile ……… ……… Israel Spain China Japan . . . Mexico Canada Norway Ukraine Portugal Thailand Malaysia Australia Morocco Viet Nam Viet Colombia Q
From WIPO’s database – last updated on December 2011.
International Trademarked Applications Total Trademarks Filed in 2010 Through the Madrid Protocol – by Office of Origin (Israel Ranked 46th)
1,200,000 , 480 1, 057 1,000,000
800,000
600,000
400,000 , 867
281 726 , 486 ,
200,000
129 124
856 220 , 794 , 120 375 , 636 , 251 , 504 , 124 , 662 , 063 , 695 , , 231 , 56 47 47 , 45 )...( 8, 241 19 18 17 17 12 12 10 10 10 9, 629 9, 175 8, 614 0 )...( …… …… . . . USA Israel Spain China Japan Russia Turkey Poland Austria Belarus Canada Panama Portugal Indonesia Singapore Guatemala Bangladesh South Korea New Zealand New
From WIPO’s database – last updated on December 2011. 78 Israel Patent Office Annual Report 2011
Chapter R. Freedom of Information Law
The Freedom of Information Law, 5758-1998, states that every citizen or resident of Israel has the right to receive information about the activity of a public body. The law specifies the types of information that should be available for public review and the ways to increase accessibility to it. As a rule, the ILPO provides the public with all information as required under law and in view of the recognized importance of transparency. The judicial decisions of the Commissioner, his deputy and the adjudicators are published on the ILPO’s website, distributed to the popular legal databases and to ILPO’s online distribution list. Administrative instructions of the Head of the ILPO in the form of circulars and public notices are posted at the ILPO’s website for public review and mailed to the online distribution list. The Head of the ILPO, by virtue of his authority under Section 3 to the Freedom of Information Law, appointed Mr. Yochanan Mizrachi to the position of the person in charge of providing information to the public, handling requests for information and the application of the provisions of said law. Mr. Mizrachi is acting within said position under the professional guidance of attorney Michal Tenne, Director of the Public Enquiries Unit and Supervisor of the application of the Freedom of Information law in the Ministry of Justice. In 2011 no requests to receive information, according to the Freedom of
The Israel Information Law, were filed to the person in charge of providing information Patent Office at the ILPO.
It should be noted that in order to complete the information given by the ILPO, the legal decisions issued by the Commissioner, his Deputy and the Legal Judicial, are posted on the ILPO website and various legal databases as well as are sent to the ILPO’s mailing list (for subscription kindly refer to http://www.justice.gov.il/MOJHeb/Tfuza). The Commissioner’s administrative guidelines, such as Commissioner’s Circulars and Public Notices, are posted at the ILPO’s website and sent to the mailing list.
Report Editing: Noa Amit, International Relations Officer, Israel Patent Office
Graphic Design: Scorpio 88