PCT Applicant's Guide Israel - Valid as from 1 Nov 2023

GENERAL INFO
RO
ISA
IPEA
BIO
NATIONAL CHAPTER

Applicable as from 1 November 2023

(published on 5 October 2023)

Summary of latest changes in this version
RO: RO fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, Current Version

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Dec 2023.

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Israel Patent Office

PL: Patents Law (5727-1967), as amended

PR: Patents Regulations (Office Practice, Rules of Procedure, Documents and Fees) (5728-1968), as amended

List of currencies used in this document:

CHF (Swiss franc), EUR (Euro), ILS (New Israeli sheqel), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 23bis.2(e)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Friday and Saturday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Israel

Two-letter code:

Name of Office:

Israel Patent Office

Location:

The Technology Park
Bldg. 5
Malcha
Jerusalem 96951
Israel

Mailing address:

Same as above

Telephone:

(972-73) 392 73 13
(972-73) 392 73 20

E-mail:

pctoffice@justice.gov.il

Website:

http://www.gov.il/en/departments/ilpo

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail

Which kinds of documents may be so transmitted?

All kinds of documents except the international application

Must the original of the document be furnished in all cases?

No, only upon invitation

Does the Office send notifications via e-mail in respect of international applications?

Yes

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Further details on how to request this Office to make applications available to DAS will be available shortly at:
http://www.justice.gov.il/En/Units/ILPO

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Patent applicants are referred to Article 98 of Israel Patents Laws, 5727-1967, that states as follows: “An Israel national, a permanent resident of Israel or any other person who owes allegiance to the State shall not submit any application abroad for a patent for an invention the subject of which is weaponry or ammunition, or which is otherwise of military value, or for an invention with which section 95 deals, and shall not—directly or indirectly—cause a said application to be submitted, unless one of the following applies:
(i) he received written permission from the minister of Defense in advance
(ii) he submitted an application in respect of that invention in Israel and within six months after that application was submitted, the Minister of Defense did not make an order on it under Section 94, or he made such an order, but it is no longer in effect.”

Yes, filing restrictions apply to:

Applications by nationals

Applications by residents

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Patents of addition

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Not required. If the applicant desires that the name of the inventor be published on acceptance and registered in the Register of Patents, he should notify the Office on or before receipt of the Notice before Acceptance.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Israel

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 25 August 2016, pages 176 et seq. and 10 November 2022, page 299.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”)

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

Applicants filing international applications with RO/IL will be able to use ePCT to generate a .zip file containing a validated request form only.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

EP,

IL,

Competent International Preliminary Examining Authority:

EP ¹,

IL ¹,

US ¹

Fees payable to the receiving Office:

Transmittal fee:

596 ILS

International filing fee:

1,515 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

17 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

228 USD

Electronic filing (the request, description, claims and abstract in character coded format):

342 USD

Search fee:

Refer to
Annex D(EP)
Annex D(IL)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

94 ILS

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

None

Is an agent required by the receiving Office?

Who can act as agent?

Any member of the Israel Bar Association or patent attorney registered and holding a current license to practice in Israel

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

GE,

IL,

Search fee (PCT Rule 16):

934 CHF

948 EUR

3,820 ILS

1,075 USD

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

Additional search fee (PCT Rule 40.2):

3,820 ILS

This fee is payable to the International Searching Authority and only in particular circumstances.

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

per document 47 ILS

How to obtain copies:

The Authority provides applicants and designated (elected) Offices with a copy of each non-patent literature (NPL) document cited in the international search report upon request only. Copies to Offices are provided free of charge and copies to applicants are subject to the fee mentioned above.

Copies of documents can be requested through ILPO’s secure PCT website at:
https://pctonline-sc.justice.gov.il/
or alternatively by email at:
PCToffice@justice.gov.il

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per document 47 ILS

Protest fee (PCT Rule 40.2(e)):

None

Late furnishing fee (PCT Rule 13ter.1(c)):

491 ILS

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search, depending upon the extent of the benefit:
refund of 50%

Languages accepted for international search:

English

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Yes, The applicant may submit informal comments to overcome objections raised in the earlier search report. Such comments should be sent to the receiving Office together with the international application and will then be transmitted to this Authority.

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

CD-R, CD-ROM, DVD, DVD-R

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Israeli patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

GE,

IL,

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

1,637 ILS

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

1,637 ILS

Handling fee (PCT Rule 57.1):

818 ILS

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

per document 47 ILS

How to obtain copies:

The Authority provides applicants and elected Offices with a copy of each non-patent literature (NPL) document cited in the international preliminary examination report upon request only. Copies to Offices are provided free of charge and copies to applicants are subject to the fee mentioned above.

Copies of documents can be requested through ILPO’s secure PCT website at:
https://pctonline-sc.justice.gov.il/
or alternatively by email at:
PCToffice@justice.gov.il

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

per document 47 ILS

Protest fee (PCT Rule 68.3(e)):

None

Late furnishing fee (PCT Rule 13ter.2):

491 ILS

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

Where the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

English

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Israeli patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

The name of the depositary institution, the date of the deposit and the accession number at the time of filing (must be in the description)

— any additional indications:

At the time of filing (must be in the description)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Where the translation of the application as filed or the translation of the application as amended is not furnished within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to furnish the missing translation within a time limit of three months fixed in the invitation

English

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings

Under PCT Article 39(1): Description, claims, any text matter of drawings (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Yes

National fees:

Filing fee

A 40% reduction in the fee will be applicable for applications first filed in Israel for an individual applicant or for a corporate entity with a turnover of less than 10 million ILS in the last calendar year

2,183 ILS

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of three months fixed in the invitation

Document evidencing a change of name of applicant if the change occurred after the international filing date ²

Document of assignment or transfer if the applicant has changed after the international filing date ²

Address for notification in Israel if the applicant is not resident in Israel

Who can act as agent?

Any member of the Israel Bar Association or patent attorney registered and holding a current license to practice in Israel

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

IL.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex IL.II). This form should preferably (but need not) be used.

IL.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

IL.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex IL.I.

IL.04 MENTION OF INVENTOR

PL Sec. 39
The name of the inventor is mentioned in the Patent Register and in the publication of the patent only upon express request. The naming of the inventor in the “Request” part of the international application is not considered as a request to mention the name of the inventor. The request may be made by mention of the inventor on the national phase form.

IL.05 RENEWAL FEES

PL Sec. 56, PL Sec. 57
After examination and publication in the Patents and Designs Journal of the examined application, renewal fees must be paid to the Office. The first renewal fee is due within three months from the date of grant of the patent. The second renewal fee falls due six years from the international filing date (sixth anniversary fee); thereafter, renewal fees become due on the 10^th, 14^th and 18^th anniversaries of the international filing date. A renewal fee for the entire duration of the patent may be paid before the expiration of three months from the date of grant of the patent. The amounts of the fees are indicated in Annex IL.I.

IL.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PL Sec. 22, PL Sec. 65
The applicant may make the following modifications to his application before the Office:

(i) up to the time when the Office decides to publish the examined application: additions to, and correction of, any part of the application; if the scope of the subject matter of the application is broadened thereby, post-dating of the additions may be required;

(ii) after the Office has decided to publish the examined application: only restriction or withdrawal of claims or amendments absolutely necessary for the elimination of obscurities in the application. For the amount of the fee for amending the application, refer to Annex IL.I.

IL.07 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PL Sec. 164, PR Reg. 5
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. The time limits under PCT Articles 22 and 39(1) are extendible only in case of interruptions in the mail service or unavoidable loss or delay in the mail. Substantial proof is required.

IL.08 RESTORATION OF THE RIGHT OF PRIORITY

PL Sec. 10, PL Sec. 164
Where the receiving Office has either refused a request for the restoration of the right of priority, under PCT Rule 26bis.3, or where no such request has been made, the applicant may file a request for the restoration of the right of priority with the Israel Patent Office under PCT Rule 49ter.2 and the Israeli Patents Law, Sections 164 and 10.

The criterion for restoration is “due care” which in accordance with Section 164 is considered to have been met if the applicant can show that he has undertaken “reasonable means to ensure that the international application was submitted on time”. The request for restoration should be presented in writing and should state the reasons for the failure to file the international application within the priority period.

Preferably, the request for restoration should also be accompanied by an affidavit signed before a person authorized for this purpose (attorney, notary). The affidavit must be made by a person knowing personally the stated facts and must show adequate reasons for the failure to file the international application within the priority period.

Annexes

Annex IL.I - Fees

A 40% reduction in the fee will be applicable for applications first filed in Israel for an individual applicant or for a corporate entity with a turnover of less than ILS 10 million in the last calendar year

Filing fee

2,183 ILS

Claim fee for the 51^st and each subsequent claim

560 ILS

Application size fee for each additional 50 sheets that exceed 100 sheets

273 ILS

Filing a request for an extension of time, for each month of extension or part thereof

218 ILS

Filing a request to amend a specification

764 ILS

Renewal fees:

— before the expiry of three months from the date of grant of the patent:

(a) for the whole period of validity of the patent

13,096 ILS

(b) for the period of six years from the international filing date (due three months after grant)

873 ILS

— before the expiry of the 6^th year from the international filing date, for the following four years

1,746 ILS

— before the expiry of the 10^th year from the international filing date, for the following four years

2,619 ILS

— before the expiry of the 14^th year from the international filing date, for the following four years

4,365 ILS

— before the expiry of the 18^th year from the international filing date, for the following two years

6,111 ILS

Fee for restoration of the right of priority

None

How can payment of fees be effected?

Fees may be paid:

1) by deposit at any branch of the Israeli Postal Bank, in New Israeli sheqels, into the Office post office account (No. 0-24145-2), preferably using a deposit slip which may be obtained from the Office. Payment by bank transfer is not recommended. The Office cannot accept responsibility if the sum received after deduction of bank charges is incorrect, if the fee is late due to delay, or if insufficient information is forwarded to identify the application. The receipt of payment must be filed with the Office

2) through the Government web site for on line payments:
http://ecom1.gov.il/patents.
The site is in Hebrew. A copy of the receipt must be forwarded to the Office

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex IL.II - Form for entry into the national phase

Notes:
¹ ^a ^b ^cThe Office is competent only if the international search is or has been carried out by that Office.
² ^a ^bIf the change is recorded by the International Bureau, and the Office is able to verify it by consulting the International Bureau’s electronic records, no further document is required.

Processing

WIPO - PCT Applicant's Guide IL - Israel
Israel Patent Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide IL - Israel Israel Patent Office

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide IL - Israel
Israel Patent Office