PATENTS LAW 5727 -1967  as amended [unofficial translation]  
In case of discrepancies, the Hebrew version shall prevail  
 
 
CHAPTER ONE: DEFINITIONS  
  
Definitions  
1. In this Law –  
"WTO " – the World Trade Organization established by the agreement signed at 
Marakesh on April 15, 1994;  
"examiner " – a person appointed under Law to be a Patent Examiner or a Chief 
Examiner or the Superintendent of Examiners;  
"owner of an invention " – the inventor himself or persons who derive title 
under him, being entitled to t he invention by operation of Law, by transfer or by 
agreement;  
"patent holder " – the person registered in the Register as the person to whom a 
patent was granted or to whom ownership of a patent has passed;  
"Office " – the Patent Office said in Chapter Te n;  
"Convention State " – a Member State of the Union for the Protection of 
Industrial Property, by virtue of the Paris Convention for the Protection of 
Industrial Property, or a group of Convention States who maintain a joint 
system for the submission of p atent applications, including territories to which 
the Convention was made applicable by virtue of powers granted for this 
purpose by the Convention;  
"Member State " – a Convention State or a state that is a member of the WTO;  
"exploitation of an invention " –  
(1) in respect of an invention that is a product – any act that is one of the 
following: production, use, offer for sale, sale, or import for purposes of 
one of the said acts;  
(2) in respect of an invention that is a process – use of the process, and in 
respect of a product directly derived from the process – any act that is one 
of the following: production, use, offer for sale, sale, or import for 
purposes of one of the said acts;  
but exclusive of any of the following:  
(1) an act that is not on a comm ercial scale and is not commercial in 
character;  
(2) an experimental act in connection with the invention, the objective of 
which is to improve the invention or to develop another invention;  
(3) an act performed under the provisions of section 54A.  
"paten t attorney " – a person registered in the Register of Patent Attorneys who 
holds a patent attorney's license;  
"Register " – the Register of Patents kept under the provisions of section 166;  
"Registrar " – the person appointed Registrar of Patents under sect ion 157, 
including – subject to the provisions of section 158 – a Deputy Registrar;  
"application date " – the date on which the patent application was submitted, as 
prescribed for that purpose in section 15, unless a different date is prescribed by 
or unde r this Law.  
 
 
 CHAPTER TWO: PATENTABILITY  
 
Right to apply for a patent  
2.  The owner of a patentable invention is entitled under the provisions of this Law 
to apply that a patent be granted him for it.  
 
What constitutes a patentable invention  
3.  An invention, whether a product or a process in any field of technology, which 
is new and useful, can be used industrially and involves an inventive step, is a 
patentable invention.  
 
What is a new invention  
4.  An invention is deemed new if it was not pu blished, in Israel or abroad, before 
the application date –  
(1)  by written, visual, audible or any other description, in a manner that 
enables a skilled person to make it according to the particulars of the 
description;  
(2)  by exploitation or exhibitio n, in a manner that enables a skilled person to 
make it according to the particulars thus made known.  
 
What is an inventive step  
5. An inventive step is a step which does not, to an average skilled person, appear 
obvious in the light of information publi shed before the application date in ways 
said in section 4.  
 
Publications not affecting right of owner of invention  
6. The right of the owner of an invention to be granted a patent shall not be 
affected by publication said in section 4 –  
(1)  if it is p roved that the matter published was obtained from him the owner 
of the invention or his predecessor in title and was published without his 
consent, and if the patent application was filed within a reasonable time 
after the publication became known to the a pplicant; or  
(2)  (a) the publication was by the owner of the invention or his predecessor 
in title in one of the following ways:  
(i) display at an industrial or agricultural exhibition in Israel  or at 
a recognized exhibition in one of the Member States, of which 
official notice was given to the Registrar before its opening;  
(ii) publication of a description of the invention at the time of a 
said exhibition;  
(iii) use of the invention for the pu rposes of the exhibition and at 
the place of the exhibition;  
(b)  the publication was by use of the invention, even without its owners' 
consent, at the time of the exhibition, at the place of the exhibition 
or outside it,  
on condition that the patent appl ication was submitted within six months 
after the exhibition opened;  
(3)  publication was by way of a lecture by the inventor before a scientific 
society or by publication of the lecture in official transactions of the 
society, on condition that the Regis trar was given notice of the lecture 
before it was delivered and that the patent application is filed within six 
months after the aforesaid publication.   
Restriction on granting of patents  
7.  Notwithstanding the provisions of section 2, no patent shall be granted for –   
(1)  a method of therapeutic treatment on the human body;  
(2)  new varieties of plants or animals, except microbiological organisms not 
derived from nature.  
 
Patent to be for one invention  
8.  A patent shall be granted for a single invention only.  
 
First application has better right  
9. If more than one applicant applied for a patent for the same invention, then the 
patent shall be granted the one who first validly applied for it.  
 
Priority ri ght 
10.  (a)  If the owner of an invention submitted an application for a patent in Israel 
for an invention for which he or his predecessor in title already submitted 
a previous application for a patent in a Member State (hereafter: previous 
application), then he may request that, for the purposes of sections 4, 5 
and 9, the date of the previous application be deemed the date of the 
application filed in Israel (hereafter: priority right), if all the following 
conditions are met:  
(1)  the application in Israel is submitted within 12 months after the 
previous application was submitted; if more than one previous 
application was submitted on the same matter – after the date on 
which the earliest of them was submitted;  
(2)  the claim for priority right is mad e not later than two months after 
submission of the application in Israel;  
(3)  a copy of the specification submitted with the previous application 
and of the drawings that accompanied it, the specification being 
certified by a competent authority in the Convention State in which 
the previous application was submitted, is submitted to the Registrar 
at the time prescribed in regulations;  
(4)  it appears to the Registrar that the invention described in the 
previous application and the invention for which a patent is sought 
in Israel are essentially the same.  
(b)  If the claim for a priority right is based on more than one previous 
application, and a priority right is claimed on the basis of each of those 
applications, then the provisions of subsection (a) s hall apply to each part 
of the invention according to the date of the earliest previous application 
that relates to that part.  
(c)  If the claim for a priority right is based on part of a previous application, 
then the provisions of subsection (a) shall a pply as if that part had been 
claimed abroad in a separate previous application.  
(d) A priority right may be claimed in respect of part of a patent application, 
and the provisions of subsection (a) shall thereupon apply to that part 
only.  
 
 
 CHAPTER THRE E: PROCEDURE OF GRANTING PATENT  
 
Article One: Patent Application  
 
Submission of patent application  
11.  (a) A patent application shall be submitted to the Office in the prescribed 
manner and form, together with the prescribed fee, and it shall include the 
name of the applicant, an address in Israel for the service of documents 
and a specification of the inventio n. 
(b)  If the applicant is a person other than the inventor, then he shall state in 
the application how he came to be the owner of the invention.  
 
Specification  
12.  (a) The specification shall include a title by which the invention can be 
identified, its  description with drawings that may be necessary, and also a 
description of the manner in which the invention can be performed, 
enabling a skilled person to perform it.  
(b) For purposes of subsection (a), if the subject of the invention is a 
biological mat erial or a process for the production of a biological material 
or an invention that involves the use of a biological material, and if the 
biological material was deposited with a deposit institution, then part of 
the description of the invention or of the manner of its performance may 
consist of referral to that deposit, all in a manner and on conditions to be 
prescribed by the Minister of Justice with approval by the Knesset 
Constitution, Law and Justice Committee.  
For purposes of this section –  
"biologic al material " – a biological material not easily available to the public, 
which cannot be described in a manner that will enable a skilled person to 
perform the invention, on condition that the biological material can be 
duplicated or reproduced, either ind ependently or in a host animal or plant cell;  
"deposit institution " – an institution recognized as an international deposit 
authority under section 7 of the Budapest Convention, or an institution which 
the Registrar recognized for purposes of this section,  notice thereof having been 
published in Reshumot;  
"Budapest Convention " – the Budapest Convention for the International 
Recognition of Living Matter for Patent Proceedings, signed on April 28, 1977, 
as amended on September 26, 1980; the Convention is avai lable in the Office 
for inspection by the public.  
 
Claims  
13.  (a) The specifications shall end with a claim or claims that define the 
invention, on condition that each said claim reasonably arise out of the 
subject described in the specification.  
(b) It is permissible to express in the claim any of the basic elements of the 
invention as a means or a step for the performance of a certain act, and it 
is not necessary to specify the structure, the material or the acts required 
for the performance of that act ; a claim expressed as aforesaid shall be 
deemed to include particulars of the relevant structure, material or acts, as 
described in the specifications.  
 Acknowledgment of submission  
14.  When an application has been submitted in the prescribed manner, the  Registrar 
shall, as soon as possible, confirm to the applicant the fact and date of its 
submission.  
 
Application date  
15.  The date of the patent application shall be the time when it was first submitted 
to the Office, even if it was defective in form; ho wever, if on the face of it no 
invention is described in it or if the name of the applicant is not stated or the fee 
payable for submitting the application has not been paid, then the application 
date shall be the time when the said requirements are met.  
 
Public notice that application was submitted  
16. (a) As soon as possible after the application was submitted to the Office, the 
Registrar shall, at the applicant's expense, publish in Reshumot the name 
of the invention for which the patent is applied for, the name of the 
applicant and the application date, and – if a priority is claimed – the 
name of the Member State in which the previous application was 
submitted, the date when it was submitted and its number or other 
identifying mark given it by the autho rity to which it was submitted, and 
also other particulars prescribed by the Minister of Justice with approval 
by the Knesset Constitution, Law and Justice Committee.  
(b) If an application for priority right was submitted after the fact of the 
application already has been published under subsection (a), the fact of the 
application shall be published again, at the applicant's expense, together 
with the additional particulars.  
(c) The Minister of Justice shall, by order, prescribe the date when this 
section g oes into effect.  
 
 
 
Article Two: Examination and Acceptance of Application  
 
Acceptance of application  
17. (a) The Registrar or an examiner shall examine whether the application meets 
all the following conditions:  
(1) the invention in it is patentable within the meaning of Chapter Two;  
(2) the application complies with the provisions of Article One of this 
Chapter;  
(3) the applicant paid the publication expenses under section 26.  
(a1) The examiner shall accept the application of he is satisfied that the  
conditions of this section have been met; when he has accepted the 
application, he shall so notify the applicant; the notice shall state the 
acceptance date.  
(b) Notwithstanding the provisions of subsection (a)(1), no examination shall 
be necessary if the  invention is not patentable by virtue of section 4(2).  
(c) If the conditions specified below are met by an application, then it shall be 
deemed to have complied with the provisions of section 4, 5, 8, 12 and 13:  
(1) the applicant submitted a patent applic ation on the same invention 
(in this section: parallel application) and received a patent in a state, 
the name of which appears in the list published by the Registrar in Reshumot (in this section : parallel patent), and all the following 
hold true:  
(a) priority right was lawfully claimed for the patent application 
in Israel under section 10, by virtue of the parallel application;  
(b) priority right was claimed for the parallel application under 
the Law applicable to it, by virtue of the patent applicatio n in 
Israel;  
(c) priority right was lawfully claimed for the patent application 
in Israel by virtue of another application for protection 
submitted in a Member State, and by virtue of the other 
application priority right was claimed for the parallel 
applic ation under the Law applicable to it;  
(2) the applicant requested in writing that the provisions of this section 
be applied to his patent application;  
(3) the applicant delivered to the Office the claims in the parallel patent, 
translated to the language i n which his patent application was 
submitted in Israel;  
(4) the claim or claims in the application are identical to the claims in 
the parallel patent, but the application can include fewer claims that 
those in the parallel patent;  
(5) the applicant submitt ed a description and drawings identical to those 
in the parallel patent, or a description and drawings as said in 
section 12.  
(d) The Registrar and also the Superintendent of Examiners or his deputy may 
refrain from accepting an application, if they determ ined on the basis of 
the material at their disposal or submitted to them in the course of the 
examination that the application does not comply with one of the 
provisions specified in subsection (c) or that there is some other special 
reason why the applica tion should not be accepted.  
(e) If proceedings for cancellation of the parallel patent are in progress, or if 
proceedings of opposition to the grant of the parallel patent outside of 
Israel are in progress, then the applicant shall so notify the Registrar  not 
later then the date on which the patent is granted in Israel.  
(f) For purposes of this section, " state " – including a group of states who 
maintain a joint system for the grant of patents.  
 
Additional means of examination  
18. (a) The examiner shall us e at least one of the following additional means of 
examination:  
(1) the list of documents used by patent authorities in any foreign state 
in the examination of a patent application on the same patent 
application, submitted in a foreign country by the applicant or by his 
predecessor in title to the invention;  
(2) a list of documents published before the application date, known to 
the applicant and directly connected with the invention;  
(3) copies of publications and documents, a list of which the applic ant 
must submit under this Article, if the examiner so demands;  
(4) copies of publications and documents mentioned in publications and 
documents, a list of which the applicant must submit under this 
Article, if the examiner so demands;  (5) transmission of the specifications of the application – in order to 
search for material that will enable the Office make the examination 
– to an institution is Israel or abroad, with which the Office 
contracted under any Law by an agreement drawn up by the 
Registrar, incl uding a section on keeping any patent application 
confidential and on nondisclosure under section 165;  
and to that end he may do one or more of the following:  
(1) require the applicant to submit to him all the documents specified in 
paragraphs (1) to (4);  
(2) transmit the specification in the application for the search said in 
paragraph (5).  
 
Applicant must keep Office informed  
18A.  Until the application is accepted the applicant must keep the Office informed of 
any change in the list of publications and do cuments said in section 18, if he or 
his representative was made aware of the said changes.  
 
Notice of institutions that assist in the examination  
18B.  The Registrar shall publish a notice in Reshumot of the institutions with which 
the Office contracted un der section 18(5), and of the categories of applications 
in respect of which he intends to use the means specified in the said section.  
 
Means of enforcement on examination procedures  
18C If a misleading particular was delivered in an applicant's reply to a demand 
under section 18, or if the applicant knowingly did not keep the Office informed 
of a substantive change in the list of publications and documents, which he must 
up-date under the  provisions of section 18A, and if the patent was granted or if 
the application was accepted, then –  
(1) the Court or the Registrar may one or more of the following in a 
proceeding before them:  
(a) cancel the patent or abstain from granting the patent;  
(b) give a license to exploit the patent to any person who desires it, as if 
the Court or the Registrar took the place of the patent holder, on 
condition to be determined by agreement between the parties and – 
if there is no agreement – by the Court or the R egistrar, as the case 
may be;  
(c) order the term of the patent to be shortened.  
(2) The Court may impose a fine as said in section 61(a)(1) of the Penal Law 
5737 -1967 on the person who delivered the misleading particular or who 
knowingly did not keep the O ffice up -to-date on the list of publications 
and documents, as the case may be.  
 
Postponement of examination  
19. If all or part of the invention is found not to be patentable, because there is an 
earlier application which has not yet been published under s ection 26, then the 
Registrar or an examiner may direct that the examination of the later application 
be postponed until after the publication of the earlier application, and they must 
do so if the applicant whose application was found not patentable as af oresaid 
so requests.  
 Notification of defects  
20. If the Registrar or an examiner finds that an invention is not patentable or that 
the application does not comply with the provisions of Article One of this 
Chapter, then he shall inform the applicant of th e grounds why the invention is 
not patentable or what are the defects of the application.  
 
Correction of defects  
21. If the applicant did not, within a time prescribed by regulations, remove the 
grounds of the invention's not being patentable or did not correct the defects of 
which he was informed under section 20, then the Registrar shall refuse to 
accept the application.  
 
Rehearing of refusal to accept application  
21A.  If the Registrar refused to accept an application under section 21, then he may – 
on the applicant's application – reconsider the refusal, on condition that the 
application be submitted within 12 months after the day on which the Registrar 
refused to accept it as aforesaid.  
 
Cancellation of patent application  
21B.  The applicant may cancel his patent application up to the grant of the patent; 
however, the Registrar may cancel the cancellation on conditions prescribed by 
him, on condition that he is satisfied that the application was cancelled 
unlawfully.  
 
Amendment of specification  
22. The a pplicant may, at any time before the application is accepted, amend the 
specification in his application, either in consequence of a notice under section 
20 or at his own initiative.  
 
Application date after amendment  
23. If amendments of a substantive natu re were made in the specification, then the 
Registrar may prescribe, for the purposes of sections 4, 5 and 9 –  
(1) if it is possible to distinguish between those amendments and the existing 
specification – that the date of the amendments shall be the date  on which 
they were submitted to the Office;  
(2) if it is not possible to distinguish between the amendments and the 
existing specification – that the date of the entire application shall be the 
date on which the amendments were submitted to the Office.  
 
Division of application  
24. (a) As long as the application has not been accepted, the applicant is entitled 
to demand that it be divided into several applications.  
(b) If the application includes more than one invention, then the Registrar 
may, as long as he has not accepted the application, direct the applicant to 
divide his application.  
(b1) (1) In this subsection –  
"examined application " – a patent application that is being 
examined under this subsection;  
"other application " – a patent application that is not the examined 
application and the date of which, for purposes of section 9, precedes the examined application in respect of part of the examined 
application;  
(2) the Registrar may an examined application, the other application or 
both applications to  be divided, or the elimination of some of the 
claims in each of the said applications, all as the applicant chooses 
in respect of his application, if all the following hold true for the 
examined application:  
(a) the invention that is the subject of the examined application 
was found wholly or partly unpatentable because of the 
existence of the other application;  
(b) acceptance of the other application was not yet published 
under section 26;  
(c) the invention that is the subject of the other application w as 
found wholly or partly unpatentable because of the existence 
of the examined application;  
(c) Subject to the provisions of section 23, the date of each of the applications 
divided under subsection (a) or (b) shall be the same as that of the 
application from which it was divided.  
 
Dispute between applicants  
25. If an application was submitted by more than one applicant, and if the Registrar 
is satisfied that the prosecution of the application is held up because of the 
dispute between the applicants, then he may act on the initiative of some of 
them on conditions prescribed by him, on condition that the initiators of the 
action give the applicants who are not parties thereto notice of every proceeding 
before the Registrar and of any amendment made in the sp ecification; however, 
the Registrar shall entertain a request for cancellation of the application only 
with the consent of all applicants.  
Publication of acceptance of application  
26. (a) When an application has been accepted under this Article, the Regist rar 
shall publish the fact of its acceptance in Reshumot at the applicant's 
expense.  
(b) The publication shall include – 
(1) the name of the invention and its category under the categories used 
by the Office;  
(2) the applicant's name;  
(3) the application date;  
(4) if a priority right was claimed for the application – the Member 
State in which the previous application was submitted, the date of its 
submission and the number or other identification mark given it by 
the authority to which it was submitted;  
(5) a description of what the Registrar believes to be the essence of the 
invention;  
(6) the address in Israel for delivery of notices to the applicant, as given 
to the Registrar;  
(7) every other particular relevant to the matter, which the Registrar 
believe s should be included in the publication.  
 
Description not evidence of specification  
27. The description of the essence of the invention, as published under section 26(b)(5), shall not shall not be evidence when the Court or the Registrar 
construe the speci fication in any legal proceeding.  
 
Acceptance of application is evidence  
28. Acceptance of the application shall be conclusive evidence that it includes only 
one invention and that the provisions on the form of the application, the 
specification and the dr awings have been complied with.  
 
Amendment of specification after acceptance  
29. After his application was accepted under this Article, the applicant may amend 
the specification in his application in the manner prescribed in Article Three of 
Chapter Four, as if he were a patent owner.  
 
 
 
Article Three: Opposition to Grant of Patent  
 
Time for opposition to grant of patent  
30.  Any person may – within three months after the date of publication of the 
application under section 26 – oppose the grant of a patent  by written notice to 
the Registrar.  
 
Grounds for opposition  
31.  The following are the grounds for opposition to the grant of a patent:  
(1)  there is a reason, because of which the Registrar could have refused to 
accept the patent application;  
(2)  the in vention is not patentable under section 4(2):  
(3)  the opponent, and not the applicant, is the owner of the invention.  
 
Powers of Registrar in opposition proceeding  
32.  (a)  The Registrar may accept all or part of the opposition, he may reject it or 
he may exercise his powers under sections 18, 23 and 24 in respect of the 
application.  
(b)  If the Registrar demanded that the application be divided, then he shall not 
publish the  separated applications under section 26.  
 
Hearing arguments on ownership of invention  
33.  (a)  If opposition was submitted for grounds said in section 31(3), then the 
opponent may request that the patent be granted to him, and the Registrar 
may – in addi tion to any other relief – grant the patent to the person who 
proved that he is the owner of the invention.  
(b)  In proceedings under this section the Registrar may join any person whom 
the Registrar believes to have an interest in the matter.  
 
Powers of R egistrar after cancellation of opposition  
34.  If opposition was duly submitted under section 30 and was subsequently 
canceled, then Registrar may refuse to grant the patent applied for if, in the 
course of the opposition, he discovered material according  to which the 
application should not have been accepted in the first place.  
  
 
Article Four: Grant of Patent  
 
In the absence of opposition patent shall be granted  
35.  If no opposition was submitted by the end of the time set for its submission, or 
if opposition was submitted, but was withdrawn or was finally rejected by the 
Registrar or by the Court, then the patent shall be granted to the person who is 
the owner of the invention at that time, unless the Registrar used his power 
under section 34 or unl ess appeal was submitted under section 174 against the 
Registrar's decision to reject the opposition and written notice that the appeal 
had been submitted was delivered to the Registrar not later than 10 days after 
the final date for submission of a said a ppeal.  
 
Registration and certificate  
36.  The grant of the patent shall be registered in the Register and a certificate to that 
effect shall be given to its owner.  
 
Reservation on responsibility  
37.  The examination of the application and the grant of the patent shall not be a 
guaranty that the patent is valid, and the State or its employees shall bear no 
responsibility whatsoever because the patented was granted.  
 
38. Repealed  
 
State the inventor's name  
39.  An inventor for whose invention a patent was app lied for or his survivors may 
demand that the inventor's name be stated in the specification, the Register and 
in the patent certificate, and the Registrar shall accede to the demand subject to 
the provisions of sections 40 and 41, on condition that the de mand was 
submitted at the prescribed time and in the prescribed manner.  
 
Hearing of owner of invention and patent holder  
40.  If the inventor or his survivors request that the inventor's name be stated when 
they are not the owners of the invention or of th e patent, then the Registrar shall 
notify the owner of the invention or of the patent and – if opposition 
proceedings under section 30 are pending at the time – any other person who is 
a party to those proceedings; the Registrar shall give his decision af ter hearing 
the arguments of the persons concerned, if they so requested within the 
prescribed time.  
 
Demand not acceded to  
41.  The Registrar shall not entertain a demand that the inventor's name be stated, if 
he believes that it is proper to hear it like  an application, the grounds for which 
are as said in section 31(3) or section 73.  
 
No stipulation not to state name  
42.  A stipulation by which the inventor waives the right to demand that his name be 
stated is void.  
 Statement of name does not confer right  
43.  If a person's name is stated as the inventor, that alone shall not entitle him to 
any right whatsoever to the invention or to the patent.  Article Five: Patent of Addition  
 
Patent of addition  
44.  (a)  If a patent holder is the owner of an inven tion which is an improvement or 
modification of an invention for which a patent (hereafter: main patent) 
was granted, then he may request that a patent for the second invention be 
granted him as a patent of addition.  
(b)  A patent of addition shall be gran ted for an invention that is patentable 
under subsection (a) as a patent of addition, even though it does not 
involve an inventive step beyond the invention covered by the main patent 
or by any patent of addition thereto.  
(c) If an applicant submitted seve ral applications, then he may request that the 
patent for one of them be granted as a main patent and the patents for the 
others as patents of addition thereto, and subsections (a) and (b) shall 
apply mutatis mutandis.  
 
Restriction on grant of patent of ad dition  
45.  A patent of addition shall not be granted if the for it application was submitted 
before the date of the application for the main patent.  
 
Grant of patent of addition to be conclusive evidence  
46.  The grant of a patent of addition shall be conclusive evidence that the subject 
matter of that patent is an improvement or modification of the main patent and 
that it is fit to be a patent of addition.  
 
Term of patent of addition  
47.  A patent of addition shall be in effect as long as the main pate nt is in effect, and 
no fee shall be payable for it under section 56.  
 
Effect of patent of addition if main patent is cancelled  
48.  (a)  If a main patent was cancelled under the provisions of Article Four in 
Chapter Four or of Article Two in Chapter Seven  and if the patent of 
addition was not cancelled together with it, then the patent of addition 
shall become an independent patent if the owner of the patent of addition 
so requested, and it shall remain in effect until the end of the period 
during which th e main patent would have been in effect, had it not been 
cancelled, on condition that the fees prescribed by section 56 are paid on it 
at the times and in the amounts which were set for the payment of fees on 
the main patent.  
(b) If a main patent was cance led and if it had more than one patent of 
addition, then subsection (a) shall apply to all of them; but – 
(1)  the obligation to pay fees prescribed by section 56 shall apply only 
to the patent of addition with the earliest application date, and all the 
other patents shall be deemed to be additional to it;  
(2) if the patents of addition do not constitute improvements or 
modifications of each other, then subsection (a) shall apply to each 
of them separately.  
 
 
 
CHAPTER THREE "A": INTERNATIONAL APPLICATIONS   
Definitions  
48A.  In this Chapter –  
"Convention " – the Convention of Cooperation on Patents, signed in 
Washington on June 19, 1970, and amended of September 28, 1979, and on 
February 3, 1984, including the regulations to the Convention, as they were in 
effect on January 1, 1994; the Convention is available in the Office for 
inspection by the public.  
"international application " – a patent application submitted under the 
Convention, even if it does not address Israel under section 4(1)(ii) of the 
Convention;  
"International Office " – within its meaning in section 2 of the Convention;  
"addressed Office " – a national Office or an international organization, to 
which an application is submitted in accordance with section 2 of the 
Convention;  
"international applica tion addressed to Israel " – an international application 
submitted in Israel or in another country, which the applicant addressed to Israel 
under section 4(1)(ii) of the Convention.  
 
Submission of application  
48B.(a)  The Office shall be an addressed Office  for applications submitted by 
Israel citizens and residents, shall handle the said applications and shall 
collect the fees set in the Convention, all as provided by the Convention.  
(b) The Registrar shall publish in Reshumot the particulars and amounts of  
the fees set in the Convention, as they are from time to time; every 
amount under subsection (a) shall be collected for and transmitted to the 
institutions and authorities prescribed in the Convention, under the 
provisions of the Convention and under any enactment.  
(c) An application submitted to the Office or to a receiving Office in another 
state shall – for purposes of sections 98 and 103 – be deemed an 
application submitted abroad.  
(d) In this section, " institutions and authorities " includes the Office.  
 
Provisions on applications  
48C.The provisions of this Law shall apply to applications addressed to Israel, with 
the changes specified in this Chapter and with the changes specified below:  
(1) the provisions of sections 11, 14, 15, 17(a) and 20 sha ll not apply;  
(2) the provisions of section 16 shall apply to an application, in respect of 
which the applicant met the conditions prescribed in section 48D;  
(3) the date of the application shall be determined in accordance with the 
provisions of the Conve ntion;  
(4) the provisions of section 165(a) shall not apply to information published 
under the Convention in respect of applications;  
(5) notwithstanding the provisions of section 168(a), documents published 
according to the Convention in respect of applic ations shall be open for 
public inspection.  
 
Entering the national stage  
48D. (a)  If an applicant submitted an application addressed to Israel, then he shall 
pay the national fee prescribed under section 194 and mentioned in 
section 22 or in section 39 of the Convention (hereafter: national fee);  (b) An applicant who submitted an application addressed to Israel shall be 
deemed to have withdrawn his application, if he did not pay the fees 
prescribed in the Convention or the national fee by the times set in t he 
Convention or in regulations, or if he did not perform one of the acts 
specified below by the prescribed time:  
(1) delivered a copy of the application to the Office, unless a copy was 
delivered to the Office according to the provisions of the 
Convention;  
(2) delivered a certified English translation of the application, if the 
application was not submitted or was not published in English.  
(c) The Registrar may – only under the provisions of section 48 of the 
Convention – extend the times set und er this section; however, for 
purposes of subsection (b)(2) the Registrar may extend the time to a 
period of up to three months, and under the provisions of section 48 of the 
Convention alone he may extend the time for a longer period.  
 
Documents, amendmen ts and fees  
48E. When a person comes to comply with the provisions of section 48D, then he 
shall submit the documents to the Office, make amendments in the documents 
and pay the fees, all as the Minister of Justice shall prescribe with approval by 
the Knes set Constitution, Law and Justice Committee.  
 
Examination of application  
48F. (a) An application shall only begin to be examined at the end of the period set 
under section 48D for payment of the national fee, but the Registrar may 
order that examination of  an application begin earlier, if the applicant so 
requested in writing and on condition that he complied with the provisions 
of this Chapter.  
(b) An application shall not be accepted and shall not be refused before the 
end of the time set therefor in sect ions 28 and 41 of the Convention, 
except by the application's written consent.  
(c) The examiner shall examine if all the following apply in respect of an 
application:  
(1) the invention in the application is patentable under Chapter Two;  
(2) the provisions of sections 12, 13 and 48D have been complied with;  
(3) the applicant paid the costs of publications under section 26.  
(d) If the examiner finds that the provisions of this section have been 
complied with, then he shall accept the application and he shall so notify 
the applicant; the date of acceptance shall be stated in the notice.  
 
Notice of shortcomings  
48G.(a)  If the examiner concluded that the invention in an application is not 
patentable, or that the provisions of sections 12, 13 and 48D have not been  
complied with , then he shall inform the applicant of the grounds of the 
invention's non -patentability or of the shortcomings in the application, as 
the case may be.  
(b) A notice under subsection (a) shall be treated, for purposes of section 21, 
like a no tice under section 20.  
 
Hearing before Registrar  
48H.(a)  If a receiving office refused to give an international acceptance date to an application addressed to Israel, or if a receiving office or an international 
office determined that it deems the applican t to have withdrawn his 
application or to have removed Israel as an addressed country from his 
application, and if the application requested the Registrar in writing that 
he cancel the refusal or the determination, then the Registrar shall hold a 
hearing o n the matter.  
(b) If the Registrar is satisfied that the refusal or determination said in 
subsection (a) was due to an error or omission by a receiving office or an 
international office, then he may, as the case may be –  
(1) treat the application as if th e error or omission was not committed 
on it and give the application an international submission date;  
(2) deem the application as not having withdrawn his application or as 
not having removed Israel as an addressed country from his 
application.  CHAPTER F OUR: THE PATENT, ITS MODIFICATION  
AND CANCELLATION  
 
Article One: Rights That Derive from a Patent  
 
Rights of Patent holder and restrictions on exploitation of patent  
49.  (a) A patent holder is entitled to prevent any other person from exploiting the 
invention for which the patent has been granted without his permission or 
unlawfully, either in the manner defined in the claims or in a similar 
manner which – in the light of what is defined by those claims – involves 
the essence of the invention which is  the subject matter of the patent 
(hereafter: "infringement").  
(b) The grant of a patent does not constitute permission to exploit any 
invention unlawfully or in a manner that constitutes laws rights exist 
under any enactment.  
 
Applicability of patent  
50.  (a)  If the invention is a process, then the patent shall apply also to the direct 
product of the process.  
(b) For purposes of an invention that is a production process – in a suit for 
infringement the defendant must prove that the process used by him for  
the production of an identical product differs from the patent protected 
process; for purposes of this subsection, an identical product produced 
without the agreement of the patent holder shall – as long as the opposite 
has not been proven – be deemed a p roduct produced by a patent 
protected process, if the following two conditions apply:  
(1) the patent holder cannot find out by reasonable efforts which 
production process was actually used to produce the identical 
product;  
(2) it is very reasonable that th e identical product was produced by the 
patent protected process.  
 
Effect of patent against the State  
51.  A patent is in effect against the State, subject to the provisions of Chapter Six; 
however, the provisions of the Civil Procedure Amendment (The State as a 
Party) Law, 5718 -1958, shall apply.  
 
Term of Patent  
52.  The term of a patent shall be twenty years from the application date.  
 
Right based on prior exploitation  
53.  If, on the determining date, a person in Israel in good faith exploited the 
invention for which the patent is applied for, or if he in good faith made actual 
preparations for its exploitation, then he shall be entitled to exploit the invention 
himself and in the course of his business without consideration; for the purpose 
of this p rovision, the " determining date " is the date on which application for 
the patent was submitted in Israel or – if priority right under section 10 is 
claimed for that application – the date of submission of the previous application 
on which the claim for pri ority right is based.  
 Transfer of exploitation right  
54.  The right under section 53 cannot be transferred, devolved or transmitted by 
inheritance, except together with the business in which that invention was used.  
 
Experimental act in order to obtain license  
54A.  An experimental act, which is part of an effort to obtain a license to market the 
product after the patent has lapsed, does not constitute "exploitation of an 
invention", if the following two conditions are met:  
(1) the effort to obtain a lice nse is made in order to obtain a license in Israel 
or in a country, in which an experimental act on a patent protected 
invention for the purpose of obtaining a license is permitted before the 
patent lapses;  
(2) any product produced under the terms of this section is not used – both 
while the patent is in effect or thereafter – for any purpose other than 
obtaining a license as aforesaid;  
for purposes of this section, " license " – certification, permit or any other 
document required under Law in order to market the product.  
 
Right of the State by virtue of an earlier invention  
55.  (a)  The State may exploit an invention for which a patent was granted to 
another person to the extent necessary for its requirements and without 
paying royalties or other compe nsation to the patent holder or to holders 
of other right in the patent, if – 
(1)  it is also a service invention, as said in section 132, invented by an 
employee who must give notice under section 137 before the date on 
which the patent application is sub mitted, and if priority right is 
claimed for that application under section 10, then before the date of 
the application abroad;  
(2)  no protection was claimed in Israel or elsewhere for the service 
invention said in paragraph (1), either by the inventor, b y the State 
or by a person to whom rights in the invention were transferred;  
(3)  before the date said in paragraph (1) the service invention was 
registered in the Registers prescribed therefor and in the manner 
prescribed.  
(b)  The provision of subsectio n (a) shall also apply to an invention made by a 
person who does not have to give notice under section 137, if the rights to 
it were transferred to the State and the other conditions said in that 
subsection have been complied with in its respect.  
(c)  If the State is allowed to exploit an invention under subsection (a), then 
the Government may permit its exploitation – only for the requirements of 
the State – also by a person who acts under a contract with the State.  
(d)  The provisions of this section shal l not derogate from the rights of a State 
employee under Chapter Eight, from rights by virtue of an agreement or 
from rights granted to a person who transferred the invention to the State.  
 
 
 
Article Two: Effect is Conditional on Payment of Fees  
 
Payment of fees  56.  A patent shall be in effect for the whole of the entire period set in section 52, if 
the patent holder paid the fee prescribed (hereafter: "renewal fee") with 
approval by the Knesset Finance Committee at the times prescribed as 
aforesaid; if t he fee is not paid, then the effect of the patent shall lapse at the 
time prescribed for payment of the fee.  
 
Extension of time for payment of fees  
57.  If a renewal fee was not paid at the time prescribed for its payment, then it may 
be paid within six mo nths thereafter with the addition of a fee in a prescribed 
amount, and when that has been done the fee shall be deemed to have been paid 
at the time prescribed for its payment under section 56 and the patent shall be 
deemed not to have lapsed.  
 
Publication  of lapse of patent  
58.  If the period said in section 57 has passed and the fee has not been paid as said 
in that section, then the Registrar shall publish in Reshumot a notice that the 
effect of the patent has lapsed.  
 
Reinstatement of patent lapsed for non-payment of fee  
59.  The owner of a patent which lapsed for non -payment of a renewal fee may 
apply to the Registrar, in the manner and form prescribed, that the patent be 
reinstated, on condition that he pay the special fee prescribed for that purpose 
when he submits the application (hereafter: reinstatement application).  
 
Publication of application for reinstatement of patent  
60.  If the Registrar is satisfied that the renewal fee was not paid for reasonable 
cause, that the patent holder did not intend  that the effect of the patent lapse, and 
that the application for restoration of the effect of the patent was submitted as 
soon as possible after the fact of nonpayment had become known to the patent 
holder or to the person responsible on his behalf for p ayment of the fee, then he 
shall order publication of the application in Reshumot after the patent holder 
paid the renewal fee which had not been paid.  
 
Opposition to reinstatement  
61.  Any person may oppose a reinstatement application within three months after 
the date of publication, on the grounds that the Registrar had no basis for 
ordering publication of the application in Reshumot.  
 
Hearing of application for reinstatement  
62.  If no opposition was submitted or if opposition was submitted, but was rejected, 
then the Registrar shall make an order for reinstatement and he may make the 
reinstatement subject to conditions which he shall prescribe.  
 
Use of invention the patent for which had lapsed and is subsequently  
reinstated  
63.  If a person began to exploit in Israel an invention on which the patent lapsed 
after the lapse of the patent was published under section 58, or if a person after 
that date made actual preparations for its exploitation, then he shall be entitled 
to continue to exploit the inven tion only for the requirements of his business, 
even after the patent is reinstated.   
Transfer of right of exploitation  
64. The right to exploit an invention under section 63 cannot be transferred, 
devolved or transmitted by inheritance, except together wi th the business in 
which that invention was used.  
 
 
 
Article Two "A": Extension of Period of Protection  
 
Definitions  
64A.  In this Article –  
"medical preparation " – any form of therapeutic drugs that underwent 
processing, including a preparation for use in  veterinary medicine and a 
preparation of nutritional value intended to be injected intravenously;  
"material " – the active component of a medical preparation or salts, esters, 
hydrates or crystal forms of that component;  
"the basic patent " – the patent tha t protects any material whatsoever, including 
a process for the production of a material, use of a material, a medical 
preparation that incorporates a material, a process for the production of a 
medical preparation that incorporates a material or medical e quipment that 
requires a license in Israel (hereafter: medical equipment);  
"recognized state " – a state enumerated in Schedule One;  
"related patent " – any patent whatsoever in a recognized state, which protects 
the material, the process for the production of the material or the use of the 
material, or the medical preparation that incorporates the material, or the 
process for the production of the medical preparation that incorporates the 
material, or the medical equipment, which is claimed in a basic patent  in Israel, 
whether or not the said patent parallels the Israel patent;  
"licensing " – as defined in section 54A.  
 
Extension of basic patent  
64B.  If the Registrar is satisfied that the conditions specified in this Article have been 
met, then he shall, by or der, extend the term of the effect of a patent in 
accordance with the provisions of this Article (hereafter: extension order), on 
condition that –  
(1) the application for the extension order was submitted in good faith;  
(2) the extent of protection afford ed by the extension order not be greater than 
the protection afforded by the basic patent.  
 
Application for extension of basic patent  
64C. (a)  The holder of a basic patent and the holder of an exclusive license may 
apply for an extension order.  
(b) In respect of a basic patent held in joint ownership each partner may apply 
for an extension order.  
(c) If the owner of a patent, some of the partners or the holder of an exclusive 
license did not join the application for the grant of an extension order, 
then they shall be joined as respondents by the applicant.  
(d) If a person was joined as respondent under this section and did not take 
part in the proceedings, then he shall not have to pay costs.  (e) As soon as possible after an application for an extension order was 
submitted, the Registrar shall publish a notice of the submission of the 
application in Reshumot; the notice shall include the applicant's name, the 
date of the application and the number of the basic patent, to which the 
requested extension orde r relates.  
 
Conditions for grant of extension order  
64D The Registrar shall not grant an extension order, unless the following conditions 
have been met:  
(1) the material, the process for its production or its use, the medical 
preparation that incorporates the material or the process for its production, 
or the medical equipment was claimed in the basic patent and the basic 
patent remains in effect;  
(2) in respect of a medical preparation – a medical preparation that 
incorporates the material is registered in  the Register of Medical 
Preparations according to section 47A of the Pharmacists Ordinance [New 
Version] 5741 -1981 (hereafter: the Pharmacists Ordinance);  
(3) the registration said in paragraph (2) is the first registration that allows the 
material to be used in Israel for medical purposes;  
(4) no extension order was granted previously in respect of the basic patent or 
in respect of the material;  
(5) if a marketing permit was granted in the United States of America for a 
medical preparation said in paragra ph (2) that is protected by a related 
patent or for medical equipment that is protected by a related patent – if 
the effect of the relative patent was extended in the United States of 
America in respect of the said medical preparation or medical equipment;  
(6) if a marketing permit was granted in one or more of the states enumerated 
in Part Two of Schedule One for a medical preparation said in paragraph 
(2), which is protected by a related patent or for medical equipment that is 
protected by a related paten t – if the effect of the relative patent was 
extended in one of the said states in which the marketing permit was 
granted in respect of the said medical preparation or medical equipment;  
 
Notice of intention to grant extension order  
64E. When an applicati on for an extension order has been submitted in the manner 
prescribed in regulations by a person entitled to submit it, and if the Registrar 
concluded a priori that the conditions prescribed in this Article have been met, 
then he shall publish in Reshumot a notice that he intends to grant an extension 
order and during what period the order will remain in effect.  
 
Opposition  
64F. Any person has the right to oppose before the Registrar the grant of an 
extension order and the period during which the order will  be in effect; 
opposition shall be by the delivery of a notice to the Registrar within three 
months after the day on which the notice under the provisions of section 64E 
was published.  
 
Grounds for opposition  
64G.  Any reason, on the basis of which the Regi strar has the power not to grant an 
extension order or to change the period of the effect of an extension order, as 
requested in the application for the order, is grounds for opposition to the issue of the order or to the period of its effect, as the case may be.  
 
Grant of extension order  
64H. (a)  The Registrar shall grant an extension order if no opposition was 
submitted until the end of the time prescribed for its submission, and if 
opposition was submitted – according to these provisions:  
(1) if oppositi on was submitted against the issue of the extension order 
– then the Registrar shall grant an extension order if the opposition 
was cancelled or finally rejected by the Registrar or by the Court;  
(2) if opposition was submitted against the period of the ef fect of the 
extension order – then the Registrar shall grant an extension order 
after a final decision about the opposition was made by the Registrar 
or by the Court.  
(b) An extension order shall go into effect on the day of its publication as said 
in sect ion 64E.  
(c) An extension order shall be registered in the Register.  
(d) If the Registrar granted an extension order, then the holder of the basic 
patent may – during the period in which the extension order is in effect – 
prevent any person from marketing or from producing in order to market 
without his permission the medical equipment or the medical preparation 
that incorporates the material, as far as the material, the process of its 
production, its use or the medical preparation or the process for its 
production were claimed in the claims for the basic patent.  
(e) If an extension order was violated in contravention of the provisions of 
subsection (d) (hereafter: extension order violation), then the holder of the 
basic patent or the holder of the exclusive  license shall be entitled to all 
the remedies prescribed in section 183 and the provisions of Chapter 
Eleven shall apply to the violation of the extension order, mutatis 
mutandis as the case may be.  
(f) An extension order shall not give any rights whatsoe ver apart from the 
rights specified in this section.  
 
Term of effect of extension order  
64I. (a) An extension order shall be in effect, subject to the provisions of section 
64J, during a period equal to the shortest extension period among the 
extension per iods granted the related patent in recognized states.  
 (b) If a license was applied for only in Israel, then the extension order shall be 
in effect for a period that is equal to the period from the day on which the 
application for a license was submitted and until the license was given; on 
condition that the application on the applicant's behalf was submitted and 
handled in good faith and with appropriate dispatch.  
 
Limits on term  
64J. Notwithstanding the provisions of section 64I –  
(1) the term of effect  of an extension order shall not exceed five years beyond 
the term stated in section 52;  
(2) the total of the term of the patent and of the term of the extension order, in 
the aggregate – for a material, for its production process, for its use, for 
the med ical preparation that incorporates it, for the process of its 
production or for the medical equipment under the basic patent and under an extension order together – shall end not later than 14 years after the 
earliest date on which a license was received i n one of the recognized 
states in respect of the medical preparation that incorporates the material 
or the medical equipment, as the case may be;  
(3) the extension order shall lapse not later than the first date on which the 
extension period in respect of the related patent lapses in one of the 
recognized states.  
 
Cancellation of extension order and change of the period of its effect  
64K.  The Registrar may, on application by a person who is not the holder of the basic 
patent or of an exclusive license, cancel an extension order or change the period 
of its effect, if he concludes that there are grounds on which it is possible to 
oppose the grant of the extension order or the matter of the period of its effect; 
the Laws of prescription shall not apply to a n application for cancellation under 
this section.  
 
Application to cancel and change a period of effect in the course  
of legal proceedings  
64K1. (a)  If an application is submitted to cancel an extension order or to change the 
period of its effect while pro ceedings for a violation of the extension order 
are pending before the Court, then the Registrar shall hear it only if the 
Court so permits; when permission has been given, the Registrar shall 
decide the application after he has given all parties to that p roceeding an 
opportunity to present their arguments to him.  
 (b) If proceedings for the violation of an extension order were initiated before 
a Court, after an application to cancel the extension order or to change the 
period of its effect was submitted to  the Registrar, then the Registrar shall 
continue to hear the application, unless the Court ordered otherwise for 
this purpose.  
 
Lapse of effect of extension order  
64L. An extension order shall laps in each of the following instances:  
(1) on the day on whi ch the period said in section 64I ends, subject to the 
provisions of section 64J;  
(2) if the holder of the basic patent did not pay a fee under section 64M – at 
the end of the time for paying the said fee;  
(3) if registration of the medical preparation tha t incorporates the material 
was canceled – on the day on which the registration was canceled;  
(4) if the basic patent was canceled, or if it was amended so that the material, 
the production process, the use of the material, the medical preparation 
that inc orporates the material or the process for its production, all of them 
together, or the medical equipment are no longer protected under the 
patent – from the day on which the cancellation or amendment went into 
effect.  
 
Fees  
64M. (a)  The holder of a basic patent shall pay fees in respect of an extension order 
(hereafter: extension order fees) at times and in amounts to be prescribed 
in regulations; if the fee was not paid, then the order shall lapse at the time 
prescribed for paying the fee.  (b) The provisi ons of sections 57 to 64 shall apply to fees under subsection 
(a), with the term "extension order" replacing "patent" and the term 
"extension order fees" replacing "renewal fees".  
 
64N.  Repealed  
 
Times  
64O.  (a) An application for the grant of an extension order shall be submitted in the 
prescribed manner, after the fee has been paid and not later than ninety 
days from the registration day of the medical preparation under the 
Pharmacists Regulations.  
 (b) The Registrar shall decide on the grant of an extensi on order and on the 
period of its effect no later than at the end of the basic patent's period of 
effect, and for that purpose he may shorten any time prescribed in or 
under this Article.  
 
Publication  
64P. The Registrar shall publish notice in Reshumot, co ncerning –  
(1) submission of an application for the grant of an extension order; as said in 
section 64C(e);  
(2) the grant of an extension order and the period of its effect;  
(2a) cancellation of an extension order or the change of the period of its effect;  
(3) the lapse of an extension order;  
(4) an extension of the time for the submission of an application for the grant 
of an extension order.  
 
Change of Schedule One  
64Q.  The Minister of Justice may – with approval by the Knesset Constitution, Law 
and Justice Committee – change Schedule One by order, on condition that he 
not add a state that does not allow for the extension of the period of patent 
protection.  Article Three: Amendment of Patent  
 
Right to Amend  
65.  A patent holder may apply to have th e patent specification amended in order to 
clarify it, to eliminate a mistake in the specification or to restrict the claims.  
 
Condition of amendment  
66.  The Registrar shall permit an amendment if he is satisfied that it will not result 
in a broadening of  the scope of claims in the specification and will not add 
anything to the specification, which in essence was not included in it from the 
start; notice that permission for the amendment was granted shall be published 
in Reshumot.  
 
Opposition to amendment  
67.  Any person may oppose before the Registrar the grant of permission to amend a 
specification; opposition shall be by delivery of a notice to the Registrar within 
three months after the notice of the grant of permission to amend was published.  
 
Grounds for opposition  
68.  The following are the grounds for opposition to the grant of permission to 
amend:  
(1)  there is a reason why the Registrar was entitled to refuse permission to 
amend;  
(2) the amendment does not achieve the purpose for which it was reque sted. 
 
Correction of clerical error  
69.  (a) A patent holder may apply for the correction of a clerical error in the 
specification, and the Registrar shall permit the correction if he is satisfied 
that it only corrects a clerical error.  
(b)  The Registrar may, at his own initiative and with the patent holder's 
consent, correct a clerical error which he found in the specification.  
 
Application for amendment during legal proceedings  
70.  (a)  If an application was submitted for the amendment of a patent while  
proceedings for an infringement or for the cancellation of that patent are 
pending before the Court, then the Registrar shall deal with the application 
only with permission by the Court.  
(b)  If the permission is given, then the Registrar shall decide on the 
application after he has given all the parties to those proceedings an 
opportunity to bring their arguments before him.  
(c)  If Court proceedings for infringement of a patent are instituted after an 
application for the amendment of the specification wa s submitted to the 
Registrar, then the Registrar shall continue to hear the application if the 
Court made no other order on that matter.  
 
Registration of amendment  
71.  If no opposition to the amendment was submitted, or if it was submitted and 
was rejecte d by a decision of the Registrar or by final judgment, or if permission 
to amend the specification was given by the Court under section 190, then the 
Registrar shall enter the amendment in the Register, and from the date of the entry the amended specificat ion shall be treated as if it had been accepted in that 
form from the outset.  
 
Acceptance of amendment is conclusive evidence of its validity  
72. The registration of the amendment is conclusive evidence that the amendment is 
permissible under section 66, u nless it was obtained fraudulently.  
 
 
 
Article Four: Cancellation or Revocation of Patent  
on Patent Holder's Application  
 
Revocation or cancellation of patent on patent holder's application  
73.  (a) A patent holder may apply to the Registrar that he revoke  or cancel a 
patent granted to him.  
(b) The Registrar shall – at the applicant's expense – publish in Reshumot the 
application to revoke or cancel a patent under this section.  
(c) If a person deems himself injured by an application to revoke or cancel a 
patent under this section, then he may – in a manner to be prescribed – 
submit to the Registrar opposition within three months after the 
application was published, and if the application was published more than 
once, then after the day of the last publicati on. 
(d) If no opposition was submitted under subsection (c), then the Registrar 
shall revoke or cancel the patent, all as the patent holder requested.  
(e) If opposition was submitted and it was cancelled, rejected or accepted in 
part by the Registrar in th e decision that concluded the hearing before 
him, then the Registrar shall revoke or cancel the patent, unless an appeal 
was submitted against the Registrar's decision and notice as said in section 
35 was given not later than the time prescribed under that  section.  
(f) If an application for revocation or cancellation was submitted by the 
patent holder while proceedings on the patent are pending in Court, then 
the Registrar shall decide whether to revoke or cancel the patent; the 
provisions of subsections (a ) to (e) shall also apply to an application under 
this subsection.  
(g) The Registrar shall publish in Reshumot notice of a patent's cancellation 
or revocation.  
 
Effect of cancellation or revocation  
73A.  (a) If a patent was finally cancelled on the patent holder's application, then 
the Registrar shall enter the cancellation in the Register and the patent 
shall be treated as if it had never been granted.  
(b) If a patent was finally revoked on the patent holder's application, then the 
Registrar shall enter th e revocation in the Register and the patent shall be 
treated as revoked on the day on which the application under section 73(a) 
was submitted.  
 
 
 
Article Five: Cancellation of Patent on Application  
by Person Who is Not the Patent Holder   
Cancellation of patent on application by person who is not the  
patent holder  
73B.  The Registrar may, on application by any person who is not the patent holder, 
cancel a patent, if he found that there are grounds on which it was possible to 
oppose granting  the patent; the Laws of prescription shall not apply on an 
application for cancellation under this section.  
 
Proceedings before Registrar on application that is pending in Court  
74.  (a) If an application for revocation under Article Four, or an applicati on for 
cancellation under Article Four or under this Article is submitted to the 
Registrar while Court proceedings for infringement or cancellation of that 
same patent are pending, then the Registrar shall hear it only with 
permission by the Court.  
(b) If permission is given, then the Registrar shall decide on the application 
after he has given all the parties to those proceedings an opportunity to 
state their arguments before him.  
(c)  If Court proceedings for infringement of a patent were instituted after  an 
application for its cancellation or an application for its revocation was 
submitted to the Registrar, then the Registrar shall continue to hear the 
application if the Court made no other order on that matter.  
 
Effect and registration of cancellation or der 
75.  (a) A cancellation order under this Article shall go into effect at the end of 
thirty days after the period for submitting appeal against it; however, if an 
appeal against it was submitted, then the Court may postpone its coming 
into effect, or it  may set conditions for its coming into effect or for the 
postponement, as it deems proper.  
 (b)  When a patent has been finally cancelled under this Article or under 
section 182, then the Registrar shall enter the fact of the cancellation in 
the Register,  and the patent shall be treated as if it had not been granted.  
 
 
 
CHAPTER FIVE: OWNERSHIP OF PATENTS  
 
Presumption of ownership of invention  
76. The person who submitted a patent application deemed the owner of the 
invention, as long as the contrary has no t been proven.  
 
Joint ownership  
77.  (a)  An invention or patent may be in the joint ownership of several persons 
jointly.  
(b)  If an invention or patent has several owners, then they shall be deemed – 
for purposes of their mutual rights – owners of equal shares, unless a 
different apportionment is laid down by a written agreement between 
them or by virtue of Law.  
 
Right of partner to a patent  
78.  Each of the partners in the ownership of a patent is entitled to exploit the 
invention that is the subject of the patent in a reasonable manner, unless there is a different provision in the written agreements between them or by virtue of 
Law; however, if a  said exploitation prevents such exploitation by another 
partner, then the partners have the option of demanding from the exploiting 
partner appropriate royalties or their share of the profits derived by him.  
 
Right of person who acquired from one partner to a patent  
79.  If a person in good faith acquires from one of the partners a product for which 
there is a jointly owned patent, or a product produced by a process protected by 
a said patent, then he shall be treated like a person who acquired the product  
from a sole patent holder; if person alleges that the acquisition was not in good 
faith, then he shall bear the burden of proof.  
 
Transfer of ownership of jointly owned patent  
80.  Each of the partners to a patent may transfer ownership of his share witho ut the 
consent of the other partners, unless the parties agreed otherwise between them 
and the fact of the agreement was entered in the Register.  
 
Power of Court to issue directions to joint owners  
81.  (a)  On application by some of the partners to a pate nt, the Court may order 
the other partners to perform certain acts for the exploitation of the patent 
or of any right therein, to grant a license for it, or on any other matter that 
concerns the patent, and the Court may authorize one of the applicants to 
perform the act in place of the respondents, all in accordance with the 
application and on such conditions as it may deem appropriate.  
(b)  An order shall not be made under this section – 
(1) if it is prejudicial to the rights or obligations of a trustee i n 
bankruptcy, receiver, liquidator, administrator or executor of a will;  
(2)  if it contradicts one of the conditions of a written agreement 
between the partners to the patent.  
 
Transfer of inventions and patents  
82.  Rights in an invention or patent may be transferred in writing and may devolve 
by operation of law.  
 
Validity of transfer vis -a-vis third party  
83. The transfer of a patent by agreement is in effect only for the parties to the 
agreement, unless it was registered under this Law.  
 
License to ex ploit  
84. A patent holder may give an exclusive or nonexclusive written license to exploit 
the invention for which the patent was granted, and so may the owner of an 
invention for which a patent application was made.  
 
Exclusive License  
85. An exclusive lic ense under a patent confers upon its holder the exclusive right 
to act in accordance with section 49, as if he were the patent holder, and it 
prohibits the patent holder from exploiting in Israel the invention which is the 
subject of the patent.  
 
Non-exclu sive license  
86.  A non -exclusive license under a patent confers the right to exploit the invention which is the subject of the patent, to the extent and on the conditions prescribed 
in the license.  
 
Registration a condition of effectiveness  
87. A license under a patent is in effect only for the parties to the agreement, unless 
it was registered under this Law.  
 
License to exploit jointly owned patent  
88.  (a) A license to exploit a jointly owned patent shall only be granted with the 
consent of all the part ners.  
(b)  This section shall not derogate from the power of the Court under section 
81. 
Charge on patent  
89.  A patent holder may, in writing, charge the patent or the income from it or both 
and – to the extent that this Law makes no other provisions on the subject – the 
Pledges Law 5727 -1967 shall apply to the charge.  
 
Registration a condition of effectiveness of charge  
90. A charge on a patent shall have no effect with regard to any other creditor of the 
patent holder, or to a liquidator or trustee in b ankruptcy of the patent holder, 
unless it was registered in the Register within 21 days after the day on which it 
is created, and it is subject to any other right in the patent granted before the 
charge was created and duly registered under this Law; howev er, if the patent is 
part of assets charged with a floating charge by the company or cooperative 
society that is the patent holder, the it is not necessary to register the floating 
charge under this section.  
 
License to exploit charged patent  
91. The gra nt of a license to exploit a patent subject to a charge, other than a 
floating charge, requires the written consent of the chargee.  
 
Realization of charge  
92. A charge on a patent may be realized by permission of the Court which may 
grant the chargee any r elief it may deem proper, including the appointment of a 
receiver or an order to sell the patent.  
 
Powers of receiver  
93. A receiver may, with the Court's consent, sell the patent or give a license for its 
exploitation, and he may, subject to the Court's d irection, collect the royalties or 
other payments to which the patent holder is entitled because he is the patent 
holder, no matter whether their due date was before the receiver was appointed 
or thereafter.  
 
 
 
CHAPTER SIX: POWERS OF THE STATE  
 
Article One: Powers Required for National Defense  
 
Restriction on Registrar's activities for national security  94.  (a)  The Minister of Defense may, by order, if he deems it necessary so to do 
in the interests of National security, including the protection of def ense 
secrets, and after consultation with the Minister of Justice –  
(1) order the Registrar to refrain from performing any act which he is 
required or permitted to do under this Law on a certain application, 
or to postpone its performance;  
(2)  prohibit o r restrict the publication or release of information 
concerning a particular application, or in connection with the 
information in it.  
(b)  A copy of the order of the Minister of Defense shall be delivered to the 
applicant.  
 
Transmission of certain applica tions to Minister of Defense  
95. The Minister of Defense may direct the Registrar to transmit to a person he 
designated therefor a copy of applications of a certain category, and the 
Registrar may transmit to the Minister of Defense applications the matter  of 
which appears to him to be relevant to National security or which includes a 
defense secret, all in order to enable the Minister to weigh whether an order 
under section 94 should be made in their respect; the Minister of Defense shall 
decide on every s aid application not later than four months after it was 
transmitted, and as long as he has not decided or as long as the said period has 
not expired, whichever is shorter, the Registrar shall not perform any act in 
respect of the said applications, except to acknowledge their submission under 
section 14.  
 
Contestation of order that restricts activities  
96.  (a)  The applicant may contest an order under section 94 before a three 
member contestations committee appointed by the Minister of Justice, the 
members  of which shall include a judge of the Supreme Court – the 
chairman of the committee – and a person recommended by the Minister 
of Defense.  
(b)  Notice of the appointment and address of the committee shall be 
published in Reshumot.  
(c)  Submitting the obje ction shall not stay implementation of the order.  
(d) The contestations committee may confirm, change or cancel the order.  
 
Right to further contestation  
97.  An applicant has the right to contest an order under section 94 as long as the 
order is in effect , and he may contest it again even after a decision was made on 
the contestation, if – in his opinion – the circumstances that existed at the time 
of the decision have changed; however, the committee may order the applicant 
to pay costs if, in its opinion,  submitting a further contestation was not in place.  
 
Restriction of right to submit patent applications abroad  
98.  An Israel national, a permanent resident of Israel or any other person who owes 
allegiance to the State shall not submit any application ab road 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 
he shall not – directly or indirectly – cause a said application to be submitte d, 
unless one of the following applies:   (1)  he received written permission from the Minister of Defense in advance;  
(2) 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.  
 
 
 
Article Two: Powers on Inventions that Relate to Nuclear Energy  
 
Restriction on activities that relate to nuclear energy  
99.  (a) If the Minister finds that an invention for which a patent application was 
submitted is important for the development of the use of nuclear energy in 
Israel, or that the publication of an invention is liable to cause damage to 
nuclear research in Israel, t hen he may, by order after consultation with 
the Minister of Justice – 
(1) order the Registrar to refrain from performing any act which he is 
required or permitted to do under this Law on the application, or to 
postpone its performance;  
(2)  prohibit or re strict the publication or release of information 
concerning the application, or in connection with the information in 
it. 
(b)  A copy of the order of the Minister of Defense shall be delivered to the 
applicant.  
 
Transmission of certain applications  
100. The Minister may direct the Registrar to transmit to a person he designated 
therefor a copy of applications of a certain category, and the Registrar may 
transmit to the Minister applications in respect of which the Registrar thinks an 
order under section 9 9 would be proper, all in order to enable the Minister to 
weigh whether a said order should be made; the Minister shall decide on every 
said application not later than four months after it was transmitted, and as long 
as he has not decided or as long as th e said period has not expired, whichever is 
shorter, the Registrar shall not perform any act in respect of the said 
applications, except to acknowledge their submission under section 14.  
 
Contestation of order that restricts activities  
101. (a)  The applicant may contest an order under section 99 before a three 
member contestations committee appointed by the Minister of Justice, the 
members of which shall include a judge of the Supreme Court – the 
chairman of the committee – and a person recommended b y the Prime 
Minister.  
(b)  Notice of the appointment and address of the committee shall be 
published in Reshumot.  
(c)  Submitting the objection shall not stay implementation of the order.  
(d) The contestations committee may confirm, change or cancel the or der. 
 
Right to further contestation  
102. An applicant has the right to contest an order under section 99 as long as the 
order is in effect, and he may contest it again even after a decision was made on the contestation, if – in his opinion – the circumstan ces that existed at the time 
of the decision have changed; however, the committee may order the applicant 
to pay costs if, in its opinion, submitting a further contestation was not in place.  
 
Right of further contestation  
102. The applicant has the right to contest an order under section 99 as long as the 
order is in effect, and he may contest it again after a decision was given on a 
contestation, if he believes that the conditions which existed at the time of the 
decision have changed; however, the commit tee may order the applicant to pay 
costs if, in its opinion, there was no occasion for making a further contestation.  
 
Restriction of right to submit patent application abroad  
103. 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 with which section 100 deals, and he shall not – directly or indirectly 
– cause a said application to be submitted, unless one of the following applies:  
(1)  he received written permission from the Minister in advance;  
(2) he submitted an application in respect of that invention in Israel and 
within six months after that application was submitted the Minister did not 
make an order on it under section 99, or he  made such an order, but it is 
no longer in effect.  
 
 
 
 Article Three: Use of Inventions in the Interest of the State  
 
Right of State to exploit invention  
104. The Minister may permit the exploitation of an invention by Government 
departments or by an ente rprise or agency of the State, whether a patent for it 
has or has not already been granted or has or has not already been applied for, if 
he finds that that is necessary in the interests of the National security or of the 
maintenance of essential supplies and services.  
 
Right of State to permit exploitation of invention  
105. The Minister may, if he finds that that is necessary for the purposes enumerated 
in section 104, grant a permit under that section to a person who operates under 
contract with the State , in order to ensure or facilitate the implementation of that 
contract and for the requirements of the State only.  
 
Notice of Grant of exploitation permit  
106. When a permit has been granted under this Article, the Minister shall notify the 
owner of the in vention or the patent holder and the holder of the exclusive 
license that the permit was granted and the scope of the permitted use, unless 
National security requires otherwise.  
 
 
 
Article Four: Obligation of the State to Pay  
Compensation and Royalties  
 Compensation for restriction of activities  
107. If an order was made under section 94 or 99 or if a permit was not granted under 
section 98 or 103, then the Treasury shall pay to the owner of the invention 
compensation at the rate set by agreement between the parties or – in the 
absence of agreement – by the compensation and royalties committee 
established under section 109.  
 
Royalties for use of patents by the State  
108. If a permit was granted under sections 104 or 105, then the State Treasury shall 
pay t o the owner of the invention, to the patent holder or to the holder of an 
exclusive license, as the case may be, royalties set by agreement between the 
parties or – in the absence of agreement – set by the compensation and royalties 
committee.  
 
Compensatio n and royalties committee  
109. The Minister of Justice shall appoint a committee on compensation and 
royalties, which shall decide on claims for compensation and royalties under 
this Article; the members of the committee shall be a Justice of the Supreme 
Court, the Registrar and an additional member from among the teachers at an 
institution of higher education, within its meaning in the Council for Higher 
Education Law 5718 -1958.  
 
Guidelines for determination of royalties  
110. When it is about to determine royalties, the committee shall also consider the 
scope and character of the permitted exploitation, and it may take into account 
royalties stipulated in licenses, the conditions of which are similar to those of 
the permit.  
Exclusive jurisdiction of committ ee 
111. No Court or tribunal shall consider any matter within the jurisdiction of the 
compensation and royalties committee, and every decision by the committee 
shall be final.  
 
 
 
Article Five: General Provisions  
 
Definition  
112. In this Chapter, " Minister " – the Minister designated by the Government.  
 
Rules of procedure of committees  
113. A contestations committee, as said in sections 96 or 101 and the compensation 
and royalties committee (hereafter in this Article: "committees") shall each 
prescribe its ow n rules of procedure, as far as those were not prescribed by or 
under this Law.  
 
Proceedings not public  
114. Proceedings before the committees shall not be open to the public unless the 
committee so ordered for a particular matter, and no person shall publ ish 
anything about proceedings in camera, except with the committee's permission.  
 Powers of committees  
115. (a)  The committee shall have power – 
(1)  to obtain any written or oral evidence which they deem necessary;  
(2)  to summon any person to appear before them to give evidence or to 
produce any document in his possession, to interrogate him and to 
demand from him any document in his possession;  
(3)  to compel the attendance of any person who did not comply with a 
summons and did not justify that to t heir satisfaction, order him to 
pay all costs caused by his non -compliance or by compelling his 
attendance, and fine him an amount of money of not more than IL 
75; 
(4)  to obligate any witness to give evidence on oath or affirmation in 
the manner customary  in Court;  
(5) to fine an amount of money of not more than IL 75 any person who 
was called to give evidence on oath or affirmation or to produce a 
document and who refused to do so without reasonable justification, 
on condition that no person shall be requ ired to answer a question, if 
by answering it he might incriminate himself, and he shall not be 
fined for refusing to answer it;  
(6)  to admit any written or oral evidence, even if it would not be 
admissible in a civil or criminal trial;  
(7)  to award to a  person summoned to attend a session of the committee 
an amount of money which, in the opinion of the committee, he 
spent in consequence of his attendance.  
(b)  The compensation and royalties committee may order that the amount of 
compensation or royalties  not in dispute be paid, wholly or in part, before 
it makes its final decision.  
 
 
 
CHAPTER SEVEN: RESTRICTION OR CANCELLATION  
OF PATENT HOLDER'S RIGHTS IN THE PUBLIC INTEREST  
 
Article One: Compulsory Licenses  
 
Definitions  
116. In this Article – 
"patented product " – a product for which, or for the production process of 
which a patent was granted;  
"patent holder " includes the holder of an exclusive license under the patent.  
 
Power to grant compulsory license  
117. (a)  If the Registrar is satisfied that a pat ent holder abuses his monopoly, then 
he may grant a license to exploit the invention that is the subject of the 
patent to a person who applied therefor in the prescribed manner and paid 
the prescribed fee.  
(b)  The Registrar shall not entertain an applicat ion under this section, unless it 
was submitted later than three years after the date on which the patent was 
granted or four years after the date on which the patent application was 
submitted, whichever is later.   
Power to require notification concerning exploitation of patent  
118. (a) At the end of the time said in section 117, the Registrar may demand that 
a patent holder notify him in writing, within sixty days of the date of the 
demand, whether he exploits the patented invention in Israel by way of 
production or of importation, and if so, what is the extent of the 
production or of the importation and the location of the production area.  
(b) The Registrar shall demand the notification under this section if he was 
requested to do so by use of the prescrib ed form and if the prescribed fee 
was paid.  
(c)  If the patent holder does not respond to the demand within 60 days after 
the date of the demand or within an additional period prescribed by the 
Registrar, then that shall be deemed an admission on the part of the patent 
holder that he abuses the monopoly conferred on him by the patent for the 
invention, in respect of which the notice was sent..  
 
Abuse of monopoly defined  
119. The exercise of a monopoly conferred by a patent shall be deemed abusive, if 
one of  the following circumstances exists in respect of the invention, the 
product or the process which is the subject of the patent, and if the patent holder 
did not provide a reasonable justification for its existence:  
(1)  all the demand for the product is not satisfied in Israel on reasonable 
terms;  
(2)  the conditions attached by the patent holder to the supply of the 
product or to the grant of a license for its production or use are not 
fair under the circumstances of the case, do not take account of the 
public interest and arise essentially out of the existence of the 
patent;  
(3)  repealed  
(4) repealed  
(5)  repealed  
 
120. Repealed  
 
Compulsory license to exploit earlier patent on which the fate of a later patent 
depends  
121. (a) If a patented invention (he reafter: later invention) cannot be exploited 
without infringing an invention, for which the patent application date was 
earlier (hereafter: earlier invention), then the Registrar may, if so 
requested by the patent holder of the later invention, grant him a license to 
exploit the earlier invention to the extent necessary for the exploitation of 
the later invention, on condition that the later invention incorporates an 
important technological innovation over the earlier invention, which is of 
great economic importance.  
(b) If the earlier and the later invention serve the same purpose, then a license 
under subsection (a) shall be granted on condition that the owner of the 
later invention grant a similar license to the owner of the earlier invention 
if he so re quests.  
(c)  In the case of a patent application for which priority was claimed under 
section 10(a), the date of the previous application, within the meaning of section 10(a), shall be deemed the patent application date for purposes of 
this section.  
(d) A license given to the owner of a later invention under the provisions of 
subsection (a) is not transferable, unless the rights to the later invention 
are transferred together with the license.  
 
 
Factors to be taken into account in granting compulsory licens e 
122. In dealing with an application for a license under section 117, the Registrar shall 
also take the following factors into account:  
(1) the applicant's ability to remedy the fault, because of which the license 
was applied for;  
(2)  the public interest, which generally requires that inventions that can be 
exploited in Israel by way of production or by way of import should be so 
exploited to the greatest extent possible under existing circumstances and 
without delay;  
(3) the right to reasonable r emuneration, taking the nature of the invention 
into account, for exploitation of the patented invention;  
(4) protection of the rights of any person who exploits in Israel, by way of 
production or by way of import, the invention to which the application fo r 
the license relates and of persons engaged in developing that invention;  
(5) the nature of the invention, the time elapsed since the patent was granted, 
and the steps taken by the patent holder or by his representative for the 
exploitation of the inventi on in Israel by way of production or by way of 
import.  
 
Restriction of scope of compulsory license  
123. A license under this Chapter shall be granted mainly for the requirements of the 
local market.  
 
Invitation to join proceedings on application for compul sory license  
124. (a) As soon as possible after an application for a license under this Chapter 
was submitted, the Registrar shall – at the applicant's expense – publish a 
notice in Reshumot that the application was submitted, and in it he shall 
invite all  persons with an interest in the application or likely to be 
adversely affected by the grant of the license to join the proceedings.  
(b) If a person wishes to join the proceeding, then he shall give notice thereof 
in the prescribed manner and at the prescr ibed time, and he shall pay the 
prescribed fee, and when he has done so he shall be deemed an applicant 
or a respondent in the proceeding, as the case may be.  
(c) This section shall add to and not derogate from the provision of section 
159. 
 
Effect of comp ulsory license  
125. A compulsory license under this Chapter shall go into effect thirty days after the 
day of the Registrar's decision or on a later date prescribed by the Registrar; if 
an appeal was submitted against the decision, then the Court may delay  its 
going into effect or it may attach conditions to its going into effect or to its 
delay.  
 Conditions of license  
126. A license under this Chapter shall be a non -exclusive license, and the Registrar 
shall prescribe its conditions when he grants it, including the royalties or other 
consideration which the licensee shall pay to the patent holder, all as is 
reasonable and appropriate in the circumstances of the case and having taken 
the patent holder's legitimate interests into account, and the Registra r shall also 
prescribe – 
(1) circumstances under which the license shall be deemed void or shall be 
cancelled or its conditions shall be changed;  
(2) having taken into account, inter alia, the economic value of the license and 
the patent, the ways of deter mining the amount of the royalties or of the 
other consideration, when and how they shall be paid;  
(3)  the ways of marking the product produced under the license.  
 
Forced transfer of license  
126A. A license granted under this Chapter is not transferable, unless the part of the 
business or of the good will connected to the use of the patent is transferred 
together with the license.  
 
Review  
127. The owner of a patent for which a license was granted under this Chapter may 
apply to the Registrar in the prescri bed form and manner for a review of the 
license granted, because the circumstances which existed when the license was 
granted have changed or because the licensee violated one of its conditions, and 
the Registrar may cancel the license or change its condit ions, if he is satisfied 
that it is right so to do.  
 
Compulsory license to be treated like a license by agreement  
128. A license under this Chapter and its conditions shall be treated like a license 
granted under an agreement between the patent holder and any other person 
who may be a party to the agreement, and the licensee.  
 
 
 
Article Two: Cancellation of Patents in the Public Interest  
 
Power of Registrar to cancel patents  
129. (a) The Registrar may cancel a patent for which a license was granted under 
this Chapter, if he is satisfied that granting the license did not suffice to 
prevent the abuse of the monopoly which was the ground for granting the 
license.  
(b) The Registrar shall not entertain an application under this section, unless it 
was submitted by a person qualified to receive the license and unless two 
years have passed since the day on which a license under this Chapter was 
first granted in respect of that patent.  
Effect of cancellation order  
130. Cancellation of a patent under section 129 shal l go into effect 60 days after the 
date of the Registrar's decision, or on a later date prescribed by the Registrar; if 
an appeal was submitted against the cancellation, then the Court may delay its 
going into effect or it may attach conditions to its goin g into effect or to its delay.  
 
 
 
CHAPTER EIGHT: SERVICE INVENTIONS  
 
Notification of inventions  
131. An employee must notify his employer of any invention which he made in 
consequence of his service or during the period of his service, as soon as 
possible after he invented it, and also of any patent application submitted by 
him. 
 
Inventions in consequence of service  
132. (a)  An invention by an employee, arrived at in consequence of his service and 
during the period of his service (hereafter: service invent ion) shall, in the 
absence of an agreement to the contrary between him and his employer, 
become the employer's property, unless the employer relinquishes the 
invention within six months after the day on which notification under 
section 131 was delivered to  him. 
(b) If, in his notification under section 131, the employee stated that – in the 
absence of a contrary reply from the employer within six months after 
delivery of the employee's notification – the invention will become the 
employee's property, and if  the employer made no contrary aforesaid 
reply, then the invention shall not become the employer's property.  
 
Decision on service invention  
133. If a dispute arose on the question whether a certain invention is a service 
invention, then the employee or th e employer may apply to the Registrar that he 
decide the question.  
 
Remuneration for service invention  
134. If there is no agreement that prescribes whether, to what extent and on what 
conditions the employee is entitled to remuneration for a service inven tion, then 
the matter shall be decided by the compensation and royalties committee 
established under Chapter Six.  
 
Directives for determination of remuneration  
135. In making a decision under section 134, the compensation and royalties 
committee shall also  take into account the following factors:  
(1)  the capacity in which the employee was employed;  
(2)  the nature of the connection between the invention and the employee's 
work;  
(3)  the employee's initiative in making the invention;  
(4)  the possibilities of exploiting the invention and its actual exploitation;  
(5) expenses reasonable under the circumstances incurred by the employee in 
order to secure protection for the invention in Israel.  
 
Reconsideration  
136. The compensation and royalties committee is c ompetent to reconsider a 
decision under section 134 if, in its opinion, the circumstances which existed at the time of the decision have changed and if it was requested to reconsider it; 
however, the committee may order the applicant to pay costs if, in it s opinion, 
the application was not in place.  
 
Obligation of State employee to give notice of invention  
137. If a State employee, soldier, policeman or employee of a State enterprise or 
institution designated by the Minister of Justice by order, or if anoth er person 
who receives his pay from the State or from any of those enterprises or 
institutions, made an invention during the period of his service or within six 
months after the end of the period of his service within the scope of his 
functions or within t he scope of work of the unit in which he was employed, 
then give notice to the State Service Commissioner (hereafter: Service 
Commissioner) or to another public servant, as prescribed; a said notice shall be 
delivered as soon as possible after the inventio n was made, but not later than the 
date on which the inventor proposes to submit a patent application for it, and in 
the manner prescribed in consultation with the Minister of Finance.  
 
State employee forbidden to submit application abroad  
138. A person wh o must give notice under section 137 shall not submit abroad an 
application for a patent or for other protection for his invention, unless one of 
the following applies:  
(1) he received permission therefor in advance from the Service 
Commissioner or from an other public servant authorized for that purpose;  
(2)  it was not decided – by six months after the day on which he gave notice 
of his invention under section 137 – that his rights in the invention passed, 
in whole or in part, under section 132 or by agree ment, to the State 
enterprise or State institution where he worked.  
 
Obligation to disclose particulars  
139. If a person gave notice under this Chapter or if he was under obligation to give 
said notice, then he must disclose to his employer, at any time, all the particulars 
of the invention and any further particular of importance to the subject of 
sections 132, 135 or 140.  
 
Obligation to help obtain protection for service invention  
140. If a person made a service invention and if the ownership of it passe d, in whole 
or in part, to his employer under section 132 or by agreement, then he must do 
everything required of him by the employer in order to obtain protection for the 
invention to the employer's benefit in any place whatsoever, and he must sign 
any do cument required therefor; if he does not do so, then the Registrar may 
permit the employer to do so after he has given the employee an opportunity to 
state his arguments.  
 
Obligation of secrecy  
141. As long as no patent application has been submitted for a  service invention, the 
employee, the employer and any person to whom the matter was confided shall 
not disclose particulars of the invention.  
 
 
 CHAPTER NINE: PATENT ATTORNEYS  
 
Eligibility for registration in the Register of Patent Attorneys  
142. (a) If a person meets the following requirements, then he is entitled to be 
registered in the Register of Patent Attorneys and to receive a patent 
attorney's license:  
(1)  he is an Israel resident;  
(2)  one of the following holds true for him:  
(a)  he is registered as an engineer in the Register of Engineers and 
Architects under the Engineers and Architects Law 5718 -
1958;  
(b)  he graduated from an institution of higher education, within its 
meaning in the Council for Higher Education Law 5718 -1958, 
in one of the professions specified in Schedule Two;  
(c) he graduated abroad, at an institution of higher education or a 
higher technological institute approved for the present purpose 
by the Minister of Justice after consultation with the Council 
for Higher Educ ation, in one of the professions specified in 
Schedule Two;  
(3) he has passed the examinations said in section 143 or was exempted 
from them;  
(4)  he performed qualifying service in Israel during not less than two 
years in the office of a patent attorney who practices his profession 
for at least three years, at the Patent Office or in the patent 
department of an industrial enterprise;  
(5)  he paid the prescribed fee.  
(b) The Minister of Justice may, with the approval by the Knesset 
Constitution, Law and Ju stice Committee, add to the fields of 
specialization enumerated in Schedule Two.  
 
Examination  
143. (a) If a person wishes to be registered in the Register of Patent Attorneys, 
then he must pass an examination in the prescribed manner in order to 
prove that  he has an appropriate knowledge of the Law of patents, designs 
and trade marks of Israel and in foreign countries and of other relevant 
enactments, all as prescribed, and that he has command of the Hebrew 
language and of at least one other language requir ed for his work, as 
prescribed.  
(b) The examination shall be conducted by two or three examiners, among 
them not more than one patent attorney, and in each case they shall be 
selected by the Minister of Justice – or by a person appointed by him for 
that pu rpose – from a panel of examiners determined by the Minister.  
(c) The Minister of Justice may exempt categories of candidates from the 
examination if it can be proved in some other prescribed manner that they 
possess the knowledge required in an examinatio n under subsection (a).  
 
Shortening period of qualifying service  
144. The Minister of Justice may prescribe that categories of candidates be exempt 
from all or some of the obligation of qualifying service under section 142(4).  
 Payment of fee – a condition  for registration  
145. If a person was registered in the Register of Patent Attorneys, then he shall be 
given a patent attorney's license and shall be registered in that Register as long 
as he pays the prescribed fee at the prescribed times.  
 
Disciplinary committee  
146. The Minister of Justice shall appoint, in general or for a particular case, a 
disciplinary committee of three members, including a person qualified to be a 
judge, who shall be the committee chairman, and two other members, of whom 
at least o ne shall be a patent attorney.  
 
Submitting of Complaint  
147. (a)  Any person may submit a complaint against a patent attorney to the 
disciplinary committee.  
(b)  If the Minister of Justice did not appoint a general disciplinary committee, 
then the complaint shall be submitted to the Minister of Justice, and he 
shall appoint a committee under section 146 and refer the complaint to it.  
 
Disciplinary offenses and their penalties  
148. (a) If the disciplinary committee finds that a patent attorney – 
(1)  was convicted of a criminal offense that involves dishonor;  
(2) permitted his name as a patent attorney to be used for the benefit of 
a person who is not a patent attorney;  
(3) displayed inability, irresponsibility or negligence in the performance 
of his tasks as a patent attorney;  
(4) acted unfairly in his professional work or in a manner inappropriate 
to the profession of a patent attorney;  
(5) violated one of the rules of professional ethics;  
then the committee shall adopt one or more of the following m easures 
against him:  
 a warning,  
 a reprimand,  
 a fine as said in section 61(a)(1) of the Penal Law 5737 -1977;  
 the prohibition to work as a patent attorney during a period of not 
more than five years;  
 removal of his name from the Register.  
(b) The disciplinary committee's decision shall be in writing, and it shall be 
delivered to the complainant and to the patent attorney in a matter which it 
shall prescribe.  
 
Appeal  
149. A patent attorney may – within 30 days after he was served notice of the 
decis ion – appeal before the District Court against the disciplinary committee's 
decision to impose punishment on him as said in section 148, including the 
decision to make its decision public, and the person who submitted a complaint 
against a patent attorney under this Chapter may appeal as aforesaid against a 
disciplinary committee decision or against its dismissal of his complaint.  
 
Rules of procedure of disciplinary committee  
150. A disciplinary committee shall try a patent attorney or take evidence only in  his presence, after he was summoned to appear before it and after he was informed 
of the complaint; before the decision is given, he shall be given an opportunity 
to have his say; if the patent attorney does not appear before the committee after 
he was su mmoned a second time, then the committee may try him, take 
evidence and hear the matter in his absence and it may give its decision without 
he having had his say.  
 
Powers of disciplinary committee  
151. A disciplinary committee has all the powers of a commi ttee under section 
115(a).  
 
Implementation  
152. (a)  The Registrar shall enter in the Register the disciplinary punishment, 
which the disciplinary committee decided to adopt against the patent 
attorney.  
(b) The Registrar shall not implement the decision of  the disciplinary 
committee as long as the period of appeal under section 149 has not 
passed; if an appeal was submitted, then the Registrar shall not implement 
the decision until the District Court has made its judgment.  
(c)  The entry in the Register und er this section shall be published in 
Reshumot, if the committee so decided.  
 
Saving of laws  
153. The conviction or acquittal of a person in disciplinary proceedings under this 
Chapter shall not derogate from any power to bring criminal proceedings or 
other disciplinary proceedings against a person because of the grounds that were 
the basis for a disciplinary proceeding under this Law.  
 
Rights of patent attorneys  
154. (a)  Patent attorneys have the exclusive right to deal in Israel, for 
remuneration, wi th applications for patents, designs and trade marks and 
with the preparation of any document to be submitted to the Registrar, the 
Office or to an authority for the protection of industrial property in 
another country, to represent the parties and to hand le and represent in any 
proceeding before the Registrar or in the Office.  
(b)  This section does not derogate from the right of an advocate or of a State 
employee to perform the said acts within the scope of his functions.  
 
Right of representation in Court  
155. A patent attorney shall, by the Court's permission, have the right to plead in 
Court on behalf of a party to proceedings under this Law on any matter that 
relates to an invention or a patent and is not a point of Law, on condition that 
the advocate o f that party is present at the time.  
 
 
 
CHAPTER TEN: OFFICE AND REGISTRAR  
 
Patent Office  
156. An office shall be established and called the Patent Office, and it shall, through the Registrar, the examiners and its other personnel perform the activities 
assigned to it by this Law and also –  
(1)  give information to the public about patents that were granted;  
(2)  maintain a library and a publication service on patents;  
(3)  maint ain contact with international organizations that deal with the 
protection of industrial property;  
(4) maintain contact with institutions in Israel and abroad, on condition that 
any contract signed with a said institution be in compliance with the 
provisio ns of all enactments, and that a contract under section 18 include a 
section with wording approved by the Registrar on maintaining secrecy 
about all patent applications and non -revelation of information.  
 
Registrar  
157. (a) The Office shall be headed by th e Registrar of Patents, who shall be 
appointed by the Minister of Justice.  
(b)  The Registrar shall be a person qualified to be a judge of a District Court.  
(c) In the performance of his judicial functions under this Law the Registrar 
shall be subject to n o authority other than that of the Law.  
 
Deputy Registrar  
158. (a)  The Minister of Justice may appoint a Deputy Registrar.  
(b)  The Deputy Registrar shall be a person qualified to be a judge of a District 
Court or who was registered during at least five y ears in the Register of 
Patent Attorneys.  
(c)  A Deputy Registrar may carry out any function assigned to the Registrar 
by this Law, except for functions and powers under section 109 and under 
Chapter Seven; the Deputy Registrar shall perform his functions 
according to the provisions of this Law and – for the exercise of his 
functions – the powers vested in the Registrar by this Law are vested in 
him. 
(d) Any act validly performed by a Deputy Registrar shall, for the purposes of 
this Law, have the effect of an act performed by the Registrar.  
 
Exercise of power by the Registrar  
159. The Registrar shall exercise a power conferred on him by this Law after giving 
any person who in the Registrar's opinion is liable to be adversely affected by 
his decision an oppor tunity to present his arguments before him.  
 
Decisions by Registrar to be in writing  
160. Decisions by the Registrar shall be in writing and shall be delivered in the 
prescribed manner to every person who was a party to the proceedings in which 
the decisio n was made.  
 
Objection to acts of examiner  
161. It is permissible to object to any decision or act of an examiner and to request 
that the matter be brought before the Registrar.  
Proceedings in contested case  
162. (a) In any contested case brought before the Registrar under this Law, the 
Registrar shall give the parties an opportunity to produce their evidence 
and to present their arguments in writing and orally in the prescribed 
manner and form and at the prescribed time.  (b) The Registrar may order the p ayment of reasonable costs and he may 
direct which of the parties shall pay the costs and how they shall be paid.  
(c)  An order under subsection (b) may be executed, as if it were a Court 
judgment.  
 
Evidence before the Registrar  
163. (a) Subject to any provision in this Law or in regulations under it, evidence 
shall be given before the Registrar by written affidavit and the Registrar 
shall permit the person who made the affidavit to be cross -examined., if 
he was requested to do so and if h e sees no reasonable cause why he 
should not permit it.  
(b) In taking oral testimony, the Registrar shall have all the powers of a Court 
on the swearing of witnesses, the acceptance of declarations from them 
and compelling witnesses to attend, and on othe r matters connected 
thereto and to the giving of testimony.  
 
Extension of time   
164. (a)  The Registrar may, if he sees reasonable cause for doing so, extend any 
time prescribed by this Law or by regulations under it for the performance 
of anything at the Office or before the Registrar, except for the times 
prescribed in sections 30, 56, 57, 61, 64F, 64M; however, for purposes of 
section 10 –  
(1) the Registrar  shall not extend the time prescribed by subsection 
(a)(1), unless he is satisfied that the applic ation in Israel was not 
submitted on time because of circumstances over which the 
applicant and his representative had no control and which could not 
be prevented;  
(2) the Registrar shall extend the time prescribed by subsection (a)(2) 
only as long as the application has not yet been accepted and if he is 
satisfied that a mistake was made innocently.  
(a1) Notwithstanding the provisions of subsection (a), the Registrar shall 
extend the time said in section 64O only if he is satisfied that – at the time 
the a pplicant for the extension order should have submitted the application 
for the extension order – he was not able to do so, because of reasons over 
which the applicant and his representative had no control and which could 
not have been prevented.  
(b)  The R egistrar may make the extension of times conditional on conditions 
as he deems fit.  
(c) An application for extension of a time may be submitted within the time 
or after it.  
 (d) Notwithstanding the provisions of subsections (a) and (b) and the 
provisions o f any other Law, if the last day of the period prescribed in 
section 10(a)(1) falls on a day that is not a work day, then the period shall 
end on the first work day thereafter; this provisions does not derogate 
from the power to extend beyond the time pres cribed in section 10(a)(1).  
 
Confidentiality of documents of Office  
165. (a) The Registrar and every other employee of the Office, and also every 
other person to whom information was given by virtue of section 18(a)(1), 
95, 96, 100, 101 or 109, shall keep every patent application confidential, as long as it has not been published u nder section 26, and that when there 
is no other provision in this Law.  
(a1) The provisions of subsection (a) shall not apply to –  
(1) particulars made public under section 16;  
(2) refusal by the Registrar under section 21;  
(3) the fact that an applicatio n was cancelled by the applicant under 
section 21B.  
(b) A person shall not disclose any information which reached him in the 
implementation of this Law and which is not open to public inspection, 
except when that is necessary in order to comply with provis ions of this 
Law or in order to bring a criminal action under it.  
 
Register of Patents  
166. (a) A Register of Patents shall be kept at the Office, and in it shall be entered 
the matters prescribed in this Law and additional particulars which have 
been pre scribed or which the Registrar thinks should be entered.  
 (b)  If, in a proceeding under this Law, a person gave his address to the Office, 
then that address shall be his address for the service of notices and 
documents on any matter under this Law.  
 
Docum ents of the Office  
167. All documents held by the Office and relating to the examination of a patent 
application by the Office, to the validity of or to rights in a patent or to any 
other matter that may affect the validity of a patent or of rights in it – except 
internal correspondence between members of the Office and other documents 
for which regulations make other provisions – shall be retained at the Office 
during at least seven years after the day on which the effect of the patent 
expired.  
 
Inspection  by public and receipt of certified extracts  
168. (a) The Register and the documents that must be kept under section 167 shall 
be open for inspection by the public; however, documents that relate to a 
patent application not yet published under section 26 s hall not be open for 
inspection.  
(b) Every person shall be entitled to receive an extract certified by the seal of 
the Office of anything in the Register or in any document open for 
inspection under this section, if he applied therefor in the prescribed 
manner and paid the prescribed fee.  
 
Registration of transfer of rights  
169. (a) The transferee of rights in a patent or in an invention for which a patent 
application was submitted may apply to the Registrar for registration as 
owner of those rights, and if  the transfer was proved to the Registrar's 
satisfaction and the prescribed fee was paid, then the transfer of the rights 
shall be entered in the Register or in the application file.  
(b) The Minister of Justice may prescribe ways for service of judgments t hat 
prescribe a transfer of rights in a patent or in an invention for which a 
patent application was submitted; if the Minister has so prescribed and if a 
judgment was served on the Registrar in the said manner, then, 
notwithstanding the provisions of subs ection (a), the Registrar shall enter the transfer prescribed by the judgment.  
 
Correction of entries and documents  
170. (a) On application by an interested person, to be submitted in the prescribed 
manner and form, the Registrar may correct an entry in th e Register and in 
every document issued by him or submitted to the Office if, in his 
opinion, the Register or document does not reflect the facts, and that when 
no other way of making the correction is provided by this Law.  
(b)  The Registrar shall give no tice in Reshumot of an application for 
correction under this section; however, if application was made to correct 
a patent application or to correct a document related to it, then he shall 
publish notice of the application only after the notice under secti on 26 that 
the patent application was accepted.  
(c) Every person may submit opposition to an application for correction 
within three months after the application for correction was made public 
under subsection (b).  
(d) Law procedure on an opposition under this section shall be like law 
procedure on an opposition under section 30.  
 
Correction of clerical error  
171. The Registrar may, if requested to do so in the prescribed form and manner, 
correct a clerical error in the Register or in a document issued by h im or by the 
Office.  
 
Correction on the Registrar's initiative  
172. The Registrar may also make a correction under sections 170 and 171 on his 
own initiative, after he has given every person who in his opinion is liable to be 
adversely affected by the correction an opportunity to state his arguments.  
 
Assignment of judicial functions and the assumption of authority  
172A. (a)  The Minister may assign a state employee, who is an advocate qualified to 
be a District Judge, to perform a judicial function that  the Registrar must 
perform, or which the Registrar is competent or allowed to perform under 
the provisions of this Law, except under section 109 and Chapter Seven, 
on condition that – for purposes of a determination or a decision whether a 
patent is quali fied for registration or whether a patent is not qualified for 
registration, also by way of opposition – a judicial function be assigned to 
an intellectual property adjudicator only after the application to register a 
patent was examined by an examiner; fo r this purpose, the fact that the 
patent application relates to a patent that was registered or for which an 
application to register a patent was submitted in a country abroad shall not 
constitute sufficient authority for an examination of the application.  
 (b) If a function said in subsection (a) was assigned to an intellectual property 
adjudicator, then he shall perform the function under the provisions of this 
Law and – for the performance of his function – the Registrar's powers 
under this Law shall be vested in him.  
 (c) Any act lawfully performed by an intellectual property adjudicator, to 
whom a function said in subparagraph (a) was assigned, shall – for the 
purposes of this Law – be treated like an act performed by the Registrar.  
 
Restriction on admi ssion of documents that attest rights in patent  173. (a) No document or deed, in which a patent, an invention for which a patent 
application was submitted or an interest in a said invention or in a patent 
is transferred, shall be admitted in Court as evide nce of title to the 
invention, patent or interest, unless it was registered under section 169 or 
unless the Court sees a reason for admitting it.  
(b) Notwithstanding the provision of subsection (a), aforesaid documents 
shall be admitted as evidence in any proceeding on a correction of the 
Register under section 170.  
 
Right of Appeal  
174. (a) If a person deems himself injured by a decision of the Registrar in 
conclusion of hearings in a proceeding before him under this Law, 
including a decision not to hear him under section 159, then he may 
appeal against it before the Court within the prescribed time.  
(b) If a person deems himself injured by any other decision of the Registrar 
under this Law, then he may appeal against it before the Court after he 
was given  permission to do so by the Court or by the Registrar.  
For purposes of this section, " other decision " – any other decision that 
does not conclude hearings in a proceeding held before the Registrar.  
 
Respondents in the appeal  
175. Every person who was a par ty to the proceedings before the Registrar, other 
than the appellant, shall be the respondent; if there is no other party, then the 
Registrar shall be the respondent.  
 
Hearing in camera  
176. An appeal against a decision of the Registrar who refuses to acce pt a patent 
application before publication under section 26 shall be heard in camera, unless 
the Court ordered otherwise on the appellant's application.  
 
Evidence in appeal  
177. The Court that hears the appeal may take evidence, including evidence already 
taken by the Registrar and also other evidence, and it may demand that that 
evidence be brought by affidavit or in another manner which it deems 
appropriate; if evidence is brought by affidavit, then section 163(a) shall apply, 
mutatis mutandis.  
 
 
 
CHAPTER ELEVEN: PATENT INFRINGEMENT  
 
Action for infringement  
178. (a) Only the patent holder or an exclusive licensee are entitled to bring action 
for infringement.  
(b)  In the case of a jointly owned patent, each partner may bring action for 
infringement.  
(c) If the patent holder or some of the partners to the patent or the exclusive 
licensee did not join the action for infringement as plaintiffs, then they 
shall be joined by the plaintiff as defendants.  
(d)  If a person was joined as a defendant under thi s section, but did not take part in the proceedings, then he shall not be required to pay costs.  
Time for submitting action for infringement  
179. Action for infringement shall be brought only after the patent was granted; 
however, if action for infringemen t was brought, then the Court may grant relief 
for an infringement committed after the date of publication under section 26.  
 
Exploitation of forfeited product  
180. The exploitation of a patented product which was validly forfeited to the State 
shall not c onstitute infringement.  
Use of patents in foreign vessels, aircraft and vehicles  
181. The following shall not be deemed infringements:  
(1) the use of an invention patented in Israel in the body of a vessel registered 
in a Member State other than Israel, in  its machinery, tackle, apparatus or 
other accessories, when the vessel is temporarily or incidentally in Israel 
territorial waters, on condition that the exploitation is exclusively for the 
needs of the vessel;  
(2) the use of an invention patented in Isra el in the construction or operation 
of an aircraft or land vehicle registered in a Member State other than 
Israel, or of the accessories of such an aircraft or land vehicle, when they 
are temporarily or incidentally in Israel.  
 
Defense for infringement  
182. (a) Any grounds, on which the grant of a patent may be opposed, shall be a 
good defense in an action for infringement; if the Court accepted the 
defense, then it shall order the patent to be cancelled in whole or in part, 
as the case may be.  
(a1) Grounds , on which it is possible to oppose the grant of an extension order, 
shall be a good defense in a suit for the violation of an extension order; if 
the Court accepted the defense, then it shall order the extension order to 
be cancelled.  
(a2) Grounds on whic h the period of effect of an extension order can be 
shortened shall be a good defense in a suit for the infringement of an 
extension order, which was during the period of abbreviation; if the Court 
accepted the defense, then it shall order the period of ef fect of the 
extension order to be shortened; for this matter, "  period of abbreviation " 
– the period by which the period of effect of an extension order is to be 
shortened in accordance with the grounds for its abbreviation.  
(b) The Laws of prescription sh all not apply to a defense under this section.  
 
Relief in action for infringement  
183. (a)  In an action for infringement, the plaintiff shall be entitled to relief by way 
of injunction and compensation.  
(b)  In awarding compensation, the Court shall take account of the act that 
constitutes the infringement and of the plaintiff's situation in consequence 
of that act, and it may also take into account – 
(1)  the direct damage caused to the plaintiff;  
(2)  the extent of the infringement;  
(3)  the profits derived by the infringer from the act of infringement;  
(4) reasonable royalties which the infringer would have had to pay, if he 
had been granted a license to exploit the patent to the extent to which he infringed it.  
(c)  If an infringement was committed after the patent holder or exclusive 
licensee warned the infringer, then the Court may order the infringer to 
pay punitive compensation, in addition to the compensation which it 
adjudged under subsection (b), in an amount that does not exceed that 
compensa tion. 
(d) If action was brought for compensation, then the Court may order the 
defendant to render an account of the extent of the infringement; however, 
in fixing the amount of compensation, the Court shall not be bound by the 
account, but may set the amo unt of compensation according to all 
circumstances of the case; this provision shall not derogate from the Law 
Procedure Regulations on the rendering of accounts.  
 
Restriction on award of compensation in case of partially  
cancelled patent  
184. If part of a  patent, for the infringement of which action was brought, has been 
was cancelled, that fact alone shall not deny the plaintiff compensation for the 
infringement; however, the Court may refrain from awarding compensation if 
the claims in the specification of the original patent were not worded in good 
faith or were not worded clearly.  
 
Compensation in the case of a patent, the specification of which  
was amended  
185. If a patent was infringed before permission was given to amend one of the 
claims in the spec ification, and if action for compensation for the infringement 
was brought after that permission was given, then the Court may refrain from 
taking the permission to amend into account, if the claims in the specification of 
the original patent were not word ed in good faith or were not worded clearly.  
 
Compensation in the case of a patent that was renewed  
186. The Court may refrain from awarding compensation for the infringement of a 
patent which was committed in the period between the time for payment of the  
fee under section 56 and its actual payment under section 57.  
 
Declaration of non -infringement  
187. (a) If a person intends to exploit any product or process, then he may apply to 
the Court for a declaration that the said exploitation does not constitute an 
infringement of the patent specified in the application.  
(b)  The patent holder and the exclusive licensee shall be the respondent to the 
application.  
(c)  The Court shall not grant the declaration, unless the applicant gave the 
patent holder full parti culars of the product or process he wishes to use, 
has asked him for the declaration for which he applies to the Court, and 
the respondent has refused to make it or has not made it within a 
reasonable period; however, the Court shall not reject a petition only 
because, the Court believes that it was submitted before a reasonable time 
for the respondent making the declaration had passed.  
(d) The parties' costs shall be borne by the applicant for the declaration, 
unless the Court ordered otherwise.  
(e)  In pr oceedings under this section the argument that the patent is invalid shall not be heard, and the grant or refusal of the declaration shall not be 
decisive on the question of the patent's validity.  
 
Means of enforcement  
187A In proceedings under this Chapte r the Court may resort to the means of 
enforcement enumerated in section 18C.  
 
 
 
CHAPTER TWELVE: JURISDICTION AND PENALTIES  
 
Court competent under this Law  
188. (a) The Court for the purposes of this Law, except for actions for 
infringement, shall be the District Court of Jerusalem; however, the 
Minister of Justice may, by order, direct that the powers of a Court under 
this Law shall also vest in other District Courts which he designated.  
(b) The Court for actions for infringement shall be the District Cou rt which 
has jurisdiction in the matter under any other enactment.  
 
Scientific adviser  
189. (a)  In proceedings under this Law, the Court may appoint a scientific adviser, 
who shall assist it in taking evidence and shall advise it, but who shall not 
take p art in making judgment.  
 (b)  The scientific adviser's remuneration shall be set by the Court and paid 
out of the State Treasury.  
 
Authority to order amendment of specification  
190. In any proceeding under this Law, the Court may, on the application by the  
patent holder, order the specification to be amended for the reasons said in 
section 65 or 69, and the provisions of sections 66 and 67 shall apply to it 
mutatis mutandis.  
 
Powers of Court in case of referral to Registrar  
191. If the Court permitted the Registrar to hear an application for amendment under 
section 70 or an application for cancellation under section 74, then it may stay 
the proceedings in an action pending before it in the matter of that patent, for a 
period and on conditions which it shall  prescribe, but each party may apply to 
the Court at any time that it change the stay order or cancel it.  
Penalty for pretending to be patent attorney  
192. (a)  The following shall be liable to a fine of IL 5,000:  
(1) a person who performs any act reserved  by this Law to a patent 
attorney while he is not a patent attorney;  
(2)  a person who pretends to be a patent attorney and is not a patent 
attorney;  
(3) a person who performs any act reserved by this Law to a patent 
attorney while his patent attorney's l icense is suspended.  
(b)  Subsection (a)(1) shall not apply to an advocate or to a State employee 
who acts in the discharge of his functions, as said in section 154(b).  
 
Acts that impair national security or the State's economic strength and disclosure of secrets  
193. (a)  If a person publishes or passes information in violation of a direction 
issued under section 94 or 99, or if he violated provisions of sections 98, 
103, 114, 137, 138 or 165, then he shall be liable to two years 
imprisonment or to a fine of IL 20,000.  
(b)  Courts in Israel are competent to try an offense under section 98, 103, 138 
and 165, which was committed abroad.  
(c)  The provisions of this section shall add to, and not derogate from the 
provisions of any other enactment.  
 
 
 
CHAPTER THIRTEEN: IMPLEMENTATION AND REGULATIONS  
 
Implementation and Regulations  
194. The Minister of Justice is charged with the implementation of this Law and he 
may – with approval by the Knesset Constitution, Law and Justice Committee – 
make regulations for it s implementation, including the regulation of –  
(1) registration procedures;  
(2)  Law procedure in proceedings under this Law;  
(3)  the form of the application, and specifications and ways of demonstrating 
the invention in the specification;  
(4)  the fees  payable for applications submitted to the Office or for acts of the 
Office, for the registration or renewal of patents and for other matters to 
be prescribed, for which a fee is payable;  
(4a) (a) the fees to be paid:  
(1) under Chapter Three "A";  
(2) for acts by the Office on other matters, regulations prescribing 
that a fee must be paid for them;  
(3) for acts which the Office must perform under the Convention, 
as defined in section 48A, on condition that the said 
Convention provides that fees may be colle cted for them;  
(b) procedures for the payment of fees required under the Convention 
and times for their payment.  
(5) the publication and sale of abridgments of specifications and drawings on 
behalf of the Registrar and the regulation of other publications produced 
by the Office;  
(6)  the preparation, printing, publication and sale of patent specifications by 
the Office;  
(7)  the procedure for registration of patent attorneys in the Office;  
(8) procedures for the submission of international applications unde r Chapter 
Three "A", and their handling;  
(9) setting times for the payment of fees and for performing acts required 
under this Law;  
(10) rules of professional ethics for patent attorneys;  
(11) law procedure for applications for the grant of an extension or der of a 
patent, for opposition to the grant of an extension order and for 
applications to cancel an extension order;  
(12) ways of delivering notifications to the Registrar by the holder of a basic 
patent, in respect of which an extension order was granted ; (13) the fees payable for the Office's activities on matters of extension orders.  
 
 
 
CHAPTER FOURTEEN: EFFECT AND TRANSITIONAL PROVISIONS  
 
Effect  
195. This Law shall go into effect on April 1, 1968, and from that day on the Patents 
and Designs Ordinance shall no longer apply to the grant of patents, to 
inventions and to the validity thereof; however – 
(1)  the said Ordinance shall apply to a patent granted before this Law came 
into effect on any matter that relates to its patentability and validity;  
(2)  a patent under an application, in respect of which notification was sent 
under section 10 of the Ordinance shall be given in the manner prescribed 
in the Ordinance, and once it has been granted, then paragraph (1) shall 
apply to it;  
(3)  a Register kept un der the Ordinance shall be treated like a Register kept 
under this Law;  
(4) a person appointed to be Registrar under the Ordinance shall be deemed to 
have been appointed Registrar under this law.  
 
Transitional provision concerning patent agents  
196. As of the day on which this Law goes into effect, no person shall deal with the 
registration of patents, unless he is registered as a patent attorney under this 
Law or is an advocates or a State employee in the performance of his duties as 
said in section 154(b) ; however –  
(1) an individual registered as a patent agent under the Patents and Designs 
Ordinance is entitled to be registered as a patent attorney under this Law;  
(2)  an individual who is a partner in a firm registered as a patent agent under 
the Ordin ance and an individual employed by a said firm is entitled to be 
registered as a patent attorney under this Law if they engaged – to the 
Registrar's satisfaction – to a considerable extent in work reserved by this 
Law to a patent attorney; on condition tha t they apply for aforesaid 
registration during the period between the publication of this Law in 
Reshumot and its going into effect when they have done so they shall 
have to pay a registration fee under section 142(5).  
 
 
 
 
SCHEDULE ONE  
(For the purposes of  sections 64A, 64D and 64Q)  
 
Part One  
 1. Australia   4.  Japan  
 2. U.S.A.   5.  Norway  
 3. Iceland   6.  Switzerland  
 
Part Two   1. Austria   9. Greece  
 2. Italy  10. Luxembourg  
 3. Ireland   11. Spain  
 4. Belgium   12. Portugal  
 5. Britain   13. Finland  
 6. Germany   14. France  
 7. Denmark   15. Sweden  
 8. Holland  
 
 
SCHEDULE TWO  
(Section 142)  
1. Engineering  
2. Chemistry  
3. Physics  
4. Biology  
5. Pharmacy  
6. Computer science