Examination and Certificate of Registration

In addition to checking that the figures are of an appropriate standard and that all required views are provided, the Design Department of the Patent Office conducts a search of registered designs. If no identical or very similar design is found, the application is allowed and a certificate of registration is granted. The degree of novelty required for registration is very slight. The owner of a registered design has exclusive rights. In the case of infringement of these rights the owner is entitled to institute proceedings against the infringer. A certificate of registration is evidence of the design owner's rights in the design. A certificate of registration provides protection for a period of five years from the date of application. The design owner can extend this protection for two additional periods of five years each upon the payment of the prescribed fee, at the prescribed time.

Publication

After the certificate is presented, the Israel Patent Office publishes in the monthly Patents and Designs Journal the name of the design, the class of the design according to the international classification system, the filing date of the design and the design's filing number. The Office may not publish any likeness of the design for a period of two years following the application date. In special circumstances and upon written application, the Commissioner may permit inspection of a registered design prior to the expiration two years from the filing date.

Applications for Revocation of a Design

Any person or legal entity may apply to the Commissioner for the revocation of a registered design on the grounds that the design was published in Israel prior to the application date. The Court may hear revocation on other grounds.

Priority Document from Abroad

An applicant is entitled to file design applications in Israel within six months of his original application and to receive the effective application date of the original application. To claim priority in this manner, a Priority Document for the identical design must be provided.

Unregistered Designs

Formally, Israel does not provide unregistered design rights. However, in the A.Sh.I.R. Appeal to the Supreme Court the courts allowed the owners of non-registered designs to obtain relief under the Law of Unjust Enrichment 1979.

Disclaimer

The information and general advice on this website is updated periodically in accordance with Court rulings, Israel Patent Office circulars and changing legislation. Every effort is made to bring relevant issues to the attention of our clients and readers in a timely manner. Since this information is general in nature and requirements and practices may change without warning, the content of this website should be considered as a general guide only. It is not a substitute for specific and up-to-date professional advice.

While the information is provided in good faith, JMB, Fa©tor & Co. are not responsible for the actions taken on the basis of any statements made herein. No general purpose information can substitute for a focused legal opinion.

Please contact us to discuss specific cases so we can provide you with detailed, considered advice.