IL - Israel
Israel Patent Office

Valid from 1 March 2023
NOTE: An updated version effective from 1 May 2023 is available for consultation here.

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
List of related countries and Offices used in this document:
EP: European Patent Office (EPO)
GE: Georgia – National Intellectual Property Center of Georgia (SAKPATENTI)
IB: International Bureau of WIPO
US: United States of America – United States Patent and Trademark Office (USPTO)
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).
PCT Reservations, Declarations, Notifications and Incompatibilities
Rule 23bis.2(e)
Status as of 22 October 2020
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:
IL
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:
Facsimile:
None
Does the Office accept the filing of documents by means of telecommunication (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)?
No
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, 
IL
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.
IL
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:
1
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, 
US
Competent International Preliminary Examining Authority:
EP 1, 
IL 1, 
US 1
Fees payable to the receiving Office:
Transmittal fee:
596 ILS
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 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):
216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
324 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?
No
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, 
US
Search fee (PCT Rule 16):
1,010 CHF
1,024 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:
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 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, 
US
Preliminary examination fee (PCT Rule 58):
1,637 ILS
This fee is payable to the International Preliminary Examining Authority.
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):
726 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:
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 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:
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
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 10th, 14th and 18th 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 51st 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 6th year from the international filing date, for the following four years
1,746 ILS
— before the expiry of the 10th year from the international filing date, for the following four years
2,619 ILS
— before the expiry of the 14th year from the international filing date, for the following four years
4,365 ILS
— before the expiry of the 18th 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 c The Office is competent only if the international search is or has been carried out by that Office.
2 a b If 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.
V. 1 printed on 1 Apr 2023
1.4 #39 - 2023-03-21T14:25:39.551+01:00