Israel Patent Office Annual Report 2010

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Israel Patent OfficeAnnual Report

2010

Annual Report2010

Preface

From Asa Kling Head of the

Israel Patent Office

With great satisfaction the Israel Patent Office (ILPO) hereby presents to the users and stakeholders in the field of industrial property in Israel its annual report summarizing its activities in 2010.

This report, which is a first of its kind to the ILPO, reviews the many changes that the ILPO has undergone in the last few years. This report is presented also to facilitate, to the extent possible, further transparency to all the activities of the office, internal and external.

As the reader may see, in 2010 the ILPO has made progress in many aspects: namely, in improving quality, improving service to the public by the success of eliminating the delays in publishing the patents and designs journal, strengthening its international status by the successful introduction of handling trademark applications under the Madrid Protocol, and the significant preparations toward activation of the International Search and Examination Authority (ISEA) under the Patent Cooperation Treaty (PCT). This progress was enabled largely in view of the extensive investment in information systems and computing infrastructure in which the ILPO is a noted leader among the Israel public sector. For example, in 2010 an online system for reviewing granted patents was launched - and it is also possible to electronically submit an application, according to the Madrid Protocol, to the trademark department which is fully linked to the International Bureau systems. By doing so Israel joined the prestigious club of seven countries that provide this advanced service.

At the end of this report, a brief review may be found of inquiries the public made to the ILPO under the Freedom of Information Law.

This report reflects, to some extent, the large scope of activity of the ILPO that was expanded, advanced and improved throughout the 8 years of my predecessor’s leadership, Dr. Noam, who completed his term in December 2010. Our thanks and appreciation go out to Dr. Noam, and we wish him the best of luck in all his future activities. We are sure that his contribution in the area of intellectual property in Israel and globally is not yet over.

The activity described in this report is the work of the dedicated ILPO staff from all departments. Without the dedication and meticulousness of this special group of employees, it would have not been possible to present such impressive results.

Sincerely,

Asa Kling

Head of the Israel Patent Office

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A word from Dr. Meir NoamHead of the Israel Patent Office 2010

2010 was a year of preparation and transition of the ILPO as an ISEA prior to the expected operation in 2011. Successful operation of the Madrid Protocol began in 2010 with the anticipation that the registration of international trademarks will accumulate a growing momentum. 2010 was a year in which emphasis was put on preparation and implementation of orderly and uniform work procedures within the ILPO, as required by the ISO 9001 Standard the ILPO started in 2010 to comply with.

In 2010, an emphasis was placed on official bilateral cooperation with other countries in order to learn from the experience of others and enrich them from ours. Thus, we hosted delegations from Singapore, China and Georgia.

Also, in July 2010 we had the honor and the privilege of hosting the Director General of the World Intellectual Property Organization (WIPO), Dr. Francis Gurry. This visit was an indication of the appreciation that his organization has toward Israel's activity in the field of intellectual property.

Courses on the subject of PCT and Madrid Protocol were given to the users, and a special emphasis was made with regards to the professional level of the patent examiners while training them to the performance level of an ISEA by intensive courses under the guidance of lecturers from WIPO and the European Patent Office (EPO).

In 2010 the ILPO won the "Recognition Award to Units Excelling in Increasing Efficiency and Reducing Bureaucracy for 2009". The ILPO was selected together with 4 other units out of many units of government offices. This award is a formal recognition of the excellent work performed by the ILPO employees on a daily basis.

I am sure that even at the conclusion of my tenure in 2010, the ILPO will continue to march forward in terms of work quality and prompt and efficient service under the leadership and capable hands of the Head of Israel Patent Office, Adv. Asa Kling.

Sincerely,

Dr. Meir Noam

Head of the Israel Patent Office (2003-2010)

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Description, Structure and the Departments of the Israel Patent Office 5Description of • the Israel Patent Office 5Patent Department 6•Patents Formalities • Department 6PCT Department 7•Designs Department 7•Trademarks Department 8•

Conferences and Seminars 9Seminar on Search Databases 9•Classification Seminar 9•Madrid Protocol Seminar 9•Advanced National Seminar • on PCT 9International Search and Examination Seminar 9•

The Israel Patent Office Program for WIPO Academy Interns 10

The 2010 International Intellectual Property Day 11

Visits to the Israel Patent Office 12Visit of the Chairman of the Singapore • Patent Office 12Visit of the Chinese Commissioner 12•Visit • of the Georgian Commissioner 12

Recognizing Israel as an International Search and Examination Authority 13

Quality at the Israel Patent Office – Certification to ISO 9001 Standard 15Patents Department 15•PCT, Designs and Trademarks Department 15•

Israel Patent Office Wins the Civil Service Commission's Recognition Award to Units Excelling in Increasing Efficiency and Reducing Bureaucracy for 2009 16

Israel Joining the Protocol Regarding the Madrid Agreement for Registration of International Trademarks 17

Green Applications 18Statistics 18•

Awarding of a Prize for an Outstanding Student Work in the Field of Patents, Designs and Trademarks 19

Legislation Amendments 20Patents • and Designs Departments 20Trademarks Department 21•

Statistical Data 22

Freedom of Information Law 42

The information presented in this annual report is aimed at giving the reader an overview of the activities carried out at the Israel Patent Office and the scope of the legal framework within which it acts. The report is not meant to provide any legal advice or exhaustive review of the law. As such, this report does not present a comprehensive analysis of the ILPO's policies but a general basic description is provided.

Table of Content

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Description, Structure and the Departmentsof the Israel Patent Office

Description of the Israel Patent Office

The ILPO operates under Government Resolution No. 4722, 8 Adar 5766 (March 8th, 2006). This Government Resolution established that the ILPO shall operate as an independent executing agency headed by the Patents Commissioner. In such capacity Head of the ILPO, acts as the Patents Commissioner, Designs Commissioner and Trademarks Commissioner.

The ILPO is in charge of registering in Israel intellectual property rights in the fields of patents, designs and trademarks. The ILPO is also responsible for providing information to the public regarding registered rights, library and publication services on these subjects and also maintaining contact with international organizations dealing with protection of industrial intellectual property such as WIPO. Within this scope the ILPO acts under the Patents Law, 5727-1967, the Patents and Designs Ordinance, the Trademarks Ordinance [New Version], 5732-1972 and the Appellations of Origin and Geographical Indications Law, 5725-1965.

Since 1996 the ILPO acts as a receiving office for PCT applications.

According to the Government Resolution, as an innovative pilot in the Civil Service the ILPO is administered as an executing agency.

In 2010 the ILPO completed important steps for the realization of its independency as an executing agency.

The ILPO has an advisory committee regarding its actions and policy as an executing agency. The committee consists of representatives of the Ministry of Justice, Civil Service Commission and the Ministry of Finance.

In 2010 the committee convened and emphasized the importance of the ILPO’s independency as an executing agency.

*In 2011 the ILPO will be reorganized and its organizational structure may change*

The Israel Patent Office Structure in 2010

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Description, Structure and the Departments of the Israel Patent Office

Patents Department

Since 2002 the Control and Productivity Committee of the ILPO, headed by the Director General of the Ministry of Justice and the Director General of the Ministry of Finance, convened to establish the goals that the department has to fulfill. In 2010 the Patent Examiners' Department met the goal of reviewing some 7,200 new applications and examined 7,350 new applications. Another goal met by the department was lowering the lag time of dealing with a recurring file which currently stands at approximately 9 months.

As a result of the ongoing efficiency increase and the hiring of new manpower, the lag time for the beginning of the examination of a new application was lowered, in 2010, to 3 years.

The Patents Department was certified to ISO 9001 Standard in August 2010.Following the certification, a testing infrastructure for all the patent application processes and for tests of examination quality in particular was built.

15 cadets with advanced degrees in food engineering, communications and computer science, organic chemistry and medical devices were engaged in 2010. According to the department's program of professional development, 20 sessions on the subject of patent examination were conveyed to the Patent Examiners.

In 2010, the cooperation between the ILPO and the EPO continued and an agreement to use the EPOQUE search database, available to the European examiners and most of the international search and examination offices, was executed.

Patents Formalities

The Patents Formalities department is the first department in the ILPO that the applicant or the inventor meets when filing a new application or any other document. Therefore, the department’s staff do their utmost to provide the essential initial information, and by nature are accessible and very knowledgeable on ILPO's procedures and work processes.

The department's archive services track the application from the initial stages until the patent is registered, renewed or cancelled.

the various roles of the department encompass the handling of new applications, patent renewals, issuance of patent certificates, management of the patents ledger, preparation of the patents journals for publication, management of the patent attorneys registry and updating the data on the ILPO's website. These tasks are carried out while ensuring that all information designated as open to the public is presented on the website as soon as possible after execution of the transaction on the ILPO's computerized system.

With the transition to compliance with the ISO 9001 Standard and the publication of the ILPO's productivity indices, the department's routine tasks were put into writing and clear time limiting work procedures were drafted.

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PCT Department

The State of Israel joined the Patent Cooperation Treaty (PCT) in June 1996. The PCT Department in the ILPO was established shortly thereafter. The PCT department acts as a receiving office to receive patent applications and handle them according to the treaty. Every resident and/or citizen of Israel is eligible to file an international patent application through the ILPO as receiving office.

Currently, the ILPO is among the world leaders in handling international patent applications that are filed in Israel (16th place in number of applications and 4th place on a per capita comparison).

The State of Israel is ahead of many developed countries in this field. Many Israeli applicants choose to register a patent abroad by first filing an international patent application through the ILPO.

Since 1996 to the end of 2010 more than 16,000 international patent applications were filed by Israeli inventors. In September 2009 Israel was recognized by WIPO as an International Search and Examination Authority for patent applications. The meaning of this decision is that the ILPO will perform international search and examinations for inventors from all over the globe according to the PCT and will issue an international search and examination report for such applicants accordingly.

Designs Department

2010 was characterized by a trend of improving work efficiency, along with continuing to assist the Advisory and Legislation Department in the Ministry of Justice in consolidating a draft bill being prepared in order to replace the dated Patents and Designs Ordinance from 1924.

New work procedures were written in order to comply with the ISO 9001 Standard, and to allow uniformity of work among the examiners. Thus, improvement of quality of service to the public was assured.

To ease the examiners' work, as well as that of the public, an upgrading of the computer system of the Designs Department and its replacement with a new improved system allowing viewing and searching designs online and in the future permitting online applications filing has been started.

The specification of a new department computerized system was initiated. The new system, once eventually put into place, will both improve the examiners' rate of work and will facilitate better service to the public at large.

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Trademarks Department

During 2010 the Trademarks Department continued performing its regular roles, i.e. receiving new applications, examining the eligibility of trademarks for registration, publication of trademarks for opposition, trademark registration, managing legal proceeding regarding trademarks, renewal of trademark validity and managing changes in registered trademarks while documenting the changes in the Trademarks Register as well.

As of 2010 the department's work is fully paperless and computerized. All the documents are scanned and/or are automatically received by the computer system and are retrievable any time. The trademarks journal is published regularly at the end of each month and is open for public review at the Department's website.

Concurrent with said regular activities, final preparations for operations under the Madrid Protocol for registration of international trademarks were continued. The legislative amendments were completed; the computer system and the computerized communication system with the International Bureau underwent last modifications. These activities were a joint effort with the Ministry's Division of Information Systems. On September 1st, 2010, the Madrid Protocol came into force in Israel. On the same day the first international application from Israel to the International Bureau (IB) was transferred as well as the first international applications designating Israel were filed. The many preparations prior to the activation of the protocol were successful and the transfer of international applications to and from the IB is performed continuously and smoothly ever since.

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9Conferences and Seminars

Conferences and Seminars

Seminar on Search Databases

April 2010: Seminar on the Thomson Innovation Search Database by the company's expert Mr. Benno Jensen. Mr. Jensen exhibited the latest innovations of the database and its advanced database search tools and performed exercises with the different examination teams.

July 2010: A seminar on the subject of search databases for patent examiners was held at the ILPO. The seminar was conducted by Mr. Andrew Czajkowski, Head of the Department for Innovation and Technology in WIPO and Mr. Alex Riechel, an expert in said department. The seminar included a review of the free search engines accessible to the public with an emphasis on the search database – Patent Scope.

Classification Seminar

May 2010: A seminar on the subject of International Patent Classifications (IPC) was held at the ILPO. The seminar was conducted by Mr. Antonios Farassopoulos, Head of the Department of International Classifications in WIPO and with the participation of the ILPO's patent examiners. The seminar included a review of classification methods in countries that developed a unique classification; ways and methods to classify were learned; search engines and new websites usable for classification were introduced. Discussion and exercise groups were convened to review the materials.

Madrid Protocol Seminar

July 2010: Prior to Israel's joining the Madrid Protocol, an instructional seminar was held at the ILPO, which was directed to the local applicants, lawyers and patent attorneys. The advantages in the Madrid Protocol to the trademarks owners and their proxies were presented in the seminar and methods and work procedures required for filing applications to the International Bureau were shown. The importance of the local bureau (in Israel) as a bridge between the International Bureau and the stakeholders was pointed out. The seminar was conducted by two experts from WIPO, Mrs. Debby Ronning of the Legal Department and Mr. Andre Ntamack, Manager of the Examiners Department. The seminar was carried out through two days with 250 participants.

Advanced National Seminar on PCT

November 2010: The seminar took place at the ILPO in cooperation with WIPO. The seminar was led by two experts in the field of intellectual property, Mrs. Carrol Bidwell and Mr. Matthias Reichel from WIPO. The purpose of the seminar was to enhance the knowledge base in light of the recent changes in the PCT and future development of the treaty. The seminar lasted two days and over 100 participants from the local intellectual property and patent drafting communities participated.

November 2010: As part of the preparation of becoming an ISEA at the end of 2011 the seminar conducted for ILPO's examiners dealt with a variety of subjects related to international search and examination. The seminar was led by a WIPO PCT expert, Mr. Philip Thomas, expert examiner from EPO, Mr. Dan Pelz, and Mrs. Silke Weiss from WIPO's PCT Development Department who participated as an observer.The seminar dealt with the many aspects of the stages of filing and examination of international applications including formal process and actual examination according to the PCT (Chapter I and Chapter II). Special emphasis was given to the drafting of international search and examination reports while adhering to the PCT requirements, regulations, guidelines and deadlines.

International Search and Examination Seminar

ILPO's internship program for WIPO Worldwide Academy Interns

ILPO's Internship Program for WIPO Worldwide

Academy Interns

The ILPO organizes every year a two week course for interns from the WIPO worldwide academy. This course constitutes the practical part of the interregional intermediate seminar on industrial property, the first part of which takes place at the WIPO academy in Geneva. The course provides training regarding the Israeli intellectual property laws and the legal and professional issues arising while registering intellectual property rights in Israel. In addition, the interns learn about the organizational structure of the ILPO and its various departments: Patents, Trademarks, Designs, PCT, Patent Formalities and the Legal department.

During the course, the interns visited patent attorneys firms, the offices of the Chief Scientist, Weizmann Institute of Science and historic sites in Jerusalem.

The ILPO received positive feedback from the course graduates and the international offices from which they came.

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11The 2010 International Intellectual Property Day

The 2010 International Intellectual Property Day

Every year on, April 26th the International Intellectual Property Day is celebrated. This WIPO initiative is directed at:

Increasing the awareness of the daily influences of patents and copyrights;•Triggering the understanding that protecting intellectual property rights promotes •innovation and creativity;Promoting appreciation of the creativity and contribution of inventors and entrepreneurs •to the development of cultures and societies all over the world;Encouraging the respect of intellectual property rights of others.•

In 2010 the ILPO celebrated the intellectual property day under the slogan: "Linking the World – Starting in Jerusalem" as an interactive and creative initiative among school pupils in the Jerusalem area. This activity was aimed at increasing awareness to intellectual property rights and their protection. The activity at schools, led by patent examiners and members of the legal department from the ILPO, presented to the pupils the importance and relevance of intellectual property in daily life. Within the creative activity the pupils were asked to solve simple technical patent problems while being exposed to the rich world of trademarks and designs.

Visits to the ILPO

Visits to the ILPO

Visit of the Chairman of

the Singapore Patent Office

In March 2010 the ILPO Commissioner Dr. Meir Noam met with Mr. Quek Tong Boon, the Singapore Chief Scientist who also serves as Chairman of the Board of the Singapore Patent Office.

Visit of the Chinese

Commissioner

In July 2010 a delegation from the Chinese Patent Office arrived for a 5 day visit to Israel. The Chinese delegation included the Chinese Commissioner, Mr. Tian Lipu and other senior officials from the Chinese Patent Office.

The delegation came for introductory meetings and discussions at the ILPO culminating with signing of a Memorandum Of Understanding about cooperation between the ILPO and the Chinese Patent Office. The Memorandum Of Understanding included a declaration of principles in the field of industrial property and is an important stage in the promotion of cooperation between the two countries in the field of protecting industrial property and scientific development.

In addition to the meetings at the ILPO the delegation met with the Honorable Minister of Justice Yaacov Neeman at the Knesset and also visited the Weizmann Institute, the Teva Company and the offices of the Chief Scientist.

The visit was recognized by both parties as a success and an invitation for a reciprocal visit in China was received.

Visit of the Georgian

Commissioner

In November 2010 the ILPO hosted a delegation from the Georgian Patent Office (Sakpatenti). The delegation was accompanied by the Georgian ambassador to Israel.

The delegation came for a two day visit with the purpose of getting acquainted with the Israeli intellectual property scene and the field of Technology Transfer. During the visit, discussions were held about the mode of work of both offices and the different options of cooperation in the future.

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13

Recognizing Israel as an International Searchand Examination Authority

Recognizing Israel as an International Search and Examination Authority

WIPO Director General Mr. Francis Gurry and ILPO former Commissioner Dr. Meir Noam sign an agreement for the establishment of an International Search and Examination Authority in Israel

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In its annual meeting in Geneva, on September 2009, the WIPO Annual Assembly took a resolution recognizing Israel as an International Search and Examination Authority (ISEA) .

This recognition respectfully added Israel to the 16 countries that are world leaders in this field, and acknowledges the technological ability of Israel to serve as a center capable of examining patent applications from around the world.

Currently there are 16 operating authorities for International Search and Examination recognized by WIPO: U.S.A., Russia, EPO, China, Japan, South Korea, Australia, Canada, Finland, Sweden, Brazil, Austria, Nordic countries (Norway, Denmark and Iceland), Spain and India (India is currently in organization stages and is not acting as an ISEA yet). To this respected and prestigious list Israel and Egypt were added.

Beyond the response to the accumulated international needs of Israeli applicants and the prestige linked to the transformation of the ILPO to an ISEA, this move enjoys positive economic implications with a far reaching potential.

This resolution augments Israel's position among countries that promote important international projects and expresses international recognition of its ability in the field of technology as well as in other fields. This resolution will allow the upgrading of the ILPO to the highest standards with regard to patent search and examination in both international applications and in regular applications in Israel that also may benefit from the international standards of examination.

Currently, the international applications filed by Israelis are examined by ISEA’s in Europe and the U.S., according to the applicant's choice. The operation of the ILPO as an ISEA may bring home the examination of the 1500 applications sent every year abroad (a number which is supposed to grow every year) most of the applications will be handled in Israel by the ILPO. Additionally, in due course, the ILPO will be able to handle applications of citizens from other countries (subject to agreements to be signed with other countries).

Recognizing Israel as an International Search and Examination Authority

Within the scope of a pilot to examine international applications in cooperation with the PCT Department, teams of examiners were formed. These teams were trained to examine international applications filed to the ILPO, prepared reports in English according to PCT procedures and then compared them to parallel search and examination reports that have already been published. Group discussions and debriefing of the reviewed cases took place.

The PCT Department is diligently studying the new relevant regulations, introducing forms and establishing new internal procedures including preparation of study cases by the department’s examiners. An additional part of expanding the knowledge base needed for the operation of the ISEA was a PCT seminar held in November 2010 (see p. 11). The learning of new procedures is done in parallel to the characterization of work procedures in the area of International Search and Examination and presenting the computer system needs to the Information Systems Division of the Ministry of Justice. Within this scope, the ILPO is participating in the effort to adjust the relevant legislation. Amending the legislation is primarily intended to legally authorize the ILPO Examiners to act as international examiners who will conduct an initial search and examination according to the PCT and allow the ILPO to collect the corresponding fees. At this stage, the bill has passed first reading in the Knesset and is now on the desk of the Constitution, Law and Justice Committee prior to being tabled for second and finally third readings.

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Quality at the ILPO – Certification to ISO 9001 Standard

Quality at the ILPO – Certification to ISO 9001 Standard

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The ILPO is undergoing certification in accordance with the International Quality Standard ISO 9001, 2008 edition.

According to the work plan, the Patents Department was first certified while the other departments at the ILPO: PCT, Designs and Trademarks will be certified for quality subsequently.

As part of the quality certification and in accordance with the standard's requirements, quantitative measures related to the service provided to the applicants by the Patents Department were defined. Comprehensive procedures for all the activities in the Department were drafted and various controls were added at all stages of the examination and registration of the patent.

Nowadays, an ongoing follow-up process checks whether the Patents Department adheres to the standards it has set for itself and the different control results are reported to the ILPO's management.

A procedure for patent examination was edited and any change in the procedure is promptly communicated to all examiners. The examination procedures are published on the ILPO's website for the convenience of the public.

An annual survey, in which the community of patent applicants and stakeholders is asked to express its opinion and rate of satisfaction regarding the Patent Examiners' activity, Patent Formalities Department and Patents Database, is conducted.

The survey results are provided to the ILPO's management that decides, if needed, whether to take corrective measures for work improvement and efficiency.

Patents Department

In 2011 preparations will be made in the PCT, Designs and Trademarks Departments for quality certification. The certification is supposed to be finished by July 2011. The preparations include definition of quantitative measures related to improvements in dealings with customers, writing examination procedure, preparing various controls at different procedure stages and preparation of satisfaction surveys.

PCT, Designs and Trademarks Department

ILPO Wins the Civil Service Commission's Recognition Award to Units Excelling in Increasing Efficiency and Reducing Bureaucracy for 2009

ILPO Wins the Civil Service Commission's Recognition Award to Units Excelling in Increasing Efficiency and Reducing Bureaucracy for 2009

In December 2010 the ILPO won a first class award from the Civil Service Commission to units excelling in increasing efficiency and reducing bureaucracy for 2009. The award committee noted that it was very impressed by the initiatives for change and the achievements accomplished in the ILPO following those changes.

The award committee noted, inter alia, the following commendations:

Transformation of the ILPO to an independent self-•governing agency and recruitment of young high quality manpower and thereby reducing the amount of files waiting to be examined and productivity amount;

Upgrading the quality of service to the public;•

Certification under ISO 9001from the Standards •Institute;

Paperless and electronic filing in the Trademarks •Department;

Uploading the patent journals and trademarks journals •to the ILPO website with continuous and free of charge accessibility of information.

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17Israel Joining the Protocol Regarding the Madrid Agreement for Registration of International Trademarks

Israel Joining the Protocol Regarding the Madrid Agreementfor Registration of International Trademarks

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According to the announcement of the Foreign Minister of June 1st, 2010 regarding the joining of Israel to the Madrid Protocol, Israel started to act as a receiving and originating office as part of the Madrid Protocol starting September 1st, 2010.

Applicants and trademark owners who are interested in registering their trademarks in one or more of the 85 countries that are members to the treaty can submit one international application through the ILPO and avoid the need to appoint a proxy in each of the targeted countries. Similarly, foreign applicants who are interested in protecting their trademark also in Israel can do so with a single international application in which Israel is one of the targeted countries.

From September 1st, 2010 to the end of 2010, 37 applications originating in Israel to be registered in other countries were filed under the Madrid Protocol. 463 international applications were filed under the Protocol to be registered in Israel.

Green Applications

Green Applications

Within the international efforts to protect the globe and the environment, many patent offices adopted policies encouraging the filing of patent application for green inventions. Green applications are considered applications in which the invention described helps improve the environment, inter alia, by preventing the causes of global warming, reducing air or water pollution, promoting nonpolluting agriculture, dealing with alternative energy sources etc. The ILPO published a circular (M.N. 76 of December 13th 2009) in which criteria were set out for being eligible for expedited examination as a “green" application. An application that meets the criteria of the circular will be classified as a green invention and its examination shall begin within 3 months of the classification date.

Rejected applications are those that did not comply with green application criteria

The first applications were received on March 22nd:Statistics

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19Awarding of a Prize for an Outstanding Student Work in the Field of Patents, Designs and Trademarks

Awarding of a Prize for an Outstanding Student Work

in the Field of Patents, Designs and Trademarks

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In 2009 the ILPO started a new tradition of granting an award to student work excelling in the field of patents, designs and trademarks. The prize is awarded in a competition among students of academic institutions in Israel for a written research work in the field of industrial intellectual property, and the winning student is chosen by a committee comprising representatives of the institutions.

Sponsoring the prize is a good opportunity for the ILPO to cooperate with the academic institutions in Israel, to contribute and to publicize the subject of industrial intellectual property the importance of which to the Israeli economy is self-evident and is not sufficiently developed in Israel, to encourage research in a field that may benefit the State of Israel, and also give ideas on various policy issues on the agenda of the ILPO.

The subjects of the winning essays in 2010 were:

"Authorized Generics Agreement as an Interface between Patent Law and Restrictive •Trade Practices law", Haifa University;

"Protection of Information in Pharmaceutical Registration Files", Tel Aviv University;•

"On Institutional Specialization: The Industrial Intellectual Property Court as a Case Study", •Haifa University.

Legislation Amendments

Legislation Amendments

Amendment of the Patents Law – Cancelation of publication in the Printed Official Gazette

Amendment No. 8 to the Patents Law, 5727-1967 (Bill no. 1160 from 16 Tamuz 5770 June 28th, 2010) cancelled the requirement of printed publication in the Printed Official Gazette of the Patents and Designs Journal stating that the publication shall be made online on the ILPO website. The amendment further establishes the standards for publishing online and the way of saving and backing up the data.

The law states that the online publishing shall be accessible to the public and free of charge, in a way that ensures the reliability of the information. The law imposes an obligation on the ILPO to protect the information against intrusion or disruption, as well as to keep electronic copies of the journal, among others at the ILPO, Library of the Knesset and the National Library.

Publishing the Patents and Designs Journal online reduces the scope of work involved in printed publication as well as publication delays while improving the availability of the journal information.to the public.

Patents and Designs

Departments

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21Legislation Amendments 21

1. Transfer of jurisdiction of the Appellate Court on Trademarks Commissioner decisions from the Supreme Court to the District Court: Amendment No. 7 of July 7th, 2010 established that the right to appeal legal and some quasi legal decisions of the Trademarks Commissioner is currently given to the District Court. Before the amendment the jurisdiction over these appeals was given to the Supreme Court.

2. Amendments within joining the Madrid Protocol were made in 2007 (Amendment no. 6 of March 27th, 2007) and 2003 (Amendment no. 5 of August 6th, 2003) came into force in 2010 upon joining the Madrid Protocol, among them filing a multi class application, combining and separating of applications to register trademarks, establishing the powers of the Trademarks Department as the Originating Office for international applications to register trademarks and arranging delivery of notices by the Originating Office to the international office.

3. Cancellation of the requirement to publish the Trademarks Journal in the Printed Official Gazette and transfer the publication of notices under the Trademarks Ordinance to the ILPO website: Amendment of September 1st, 2010 about establishing the way of keeping published information as aforesaid. Until the amendment came into force the Regulations established the requirement to publish notices about acceptance of trademarks, renewal of trademarks and cancellation and deletion of trademarks in the Printed Official Gazette. The amendment cancelled the requirement to publish the notices in the Printed Official Gazette and established the way of publication of notices in the Trademarks Journal that is published on the ILPO website.

4. Amendment of Regulation 61 of Trademarks Regulations regarding the filing date to renew a registered trademark of September 1st, 2010. The previous version of Regulation 1 of the Trademarks Regulations stated that a trademark owner, who is interested to renew a trademark for an additional period at the end of validity period, must file an application for renewal at any time and in any case no later than 3 months prior to the expiration of the validity period. The amendment changed the legal status so that it permits the filing of application for renewal in the last 3 months of the trademark validity.

5. Change of application form to register trademarks: From September 1st, 2010 the application form to register trademark was modified, among others, to the possibility of filing a multi class applications for trademarks.

Trademarks Department

Statistical Data

Total filed applications: 2,293Patent applications: 1,265

PCT applications: 6,001

Total patents granted: 2,293Patent granted: 429PCT granted: 1,864

Statistical Data

Patents Statistics

PCT Statistics

Patent Applications Filed at the ILPO in 2010 – by Country of Origin

Country

PCT Applications in IL National Phase

Patent Applications

Filed Granted Filed Granted

Australia 74 38 0 0

Austria 23 6 2 0

Belgium 2 5 5 3

Brazil 6 0 1 0

Canada 94 22 0 5

China 28 6 1 0

Cuba 0 3 0 0

Cyprus 0 0 1 0

Czech Republic 12 0 0 0

Denmark 39 16 0 1

EPO 1,362 389 0 0

Finland 19 12 1 0

France 142 78 32 11

Germany 25 26 37 16

Greece 2 0 0 0

Holland 41 15 9 4

Hong Kong 0 0 1 0

Hungary 7 5 0 0

IB 305 62 0 0

India 24 5 0 0

Ireland 3 1 0 0

Israel 505 106 930 237

Italy 19 17 13 2

Japan 219 76 20 14

Kuwait 0 0 1 0

Luxemburg 0 0 1 0

Mexico 2 0 0 0

New Zealand 5 0 0 0

Norway 7 4 2 2

Poland 1 2 2 0

Portugal 7 1 0 0

Romania 0 1 0 0

Russia 24 4 1 1

Serbia 1 0 0 0

Singapore 8 4 0 0

South Africa 2 0 0 0

South Korea 21 15 0 3

Spain 35 8 2 3

Sweden 76 36 4 6

Switzerland 18 13 11 24

Taiwan 0 0 6 0

Turkey 1 0 0 0

UK 200 112 13 5

Ukraine 1 0 1 0

USA 2,641 776 168 92

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Statistical Data

Patent Applications filed in 2010 – By Fields

Amount of Patent Applications (Including Applications Claiming Foreign Priority) Filed at the ILPO in 2000-2010

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Statistical Data

Legal Proceedings at the ILPO in 2010

Filed Abandoned

Oppositions 225- Application withdrawal1- Opposition withdrawal

Cancellations 1 -

Compensation and Royalties Committee

2 1 - Settlement agreement

All the decisions given, including the many interim decisions given in 2010, are available at the ILPO website: http://www.justice.gov.il/MOjHeb/RashamHaptentim/HachlatotRasham/default.htm

Amount of Oppositions vs. the Amount of Patent Applications Granted / Allowed 2000-2010

Following the transition from publication in paper to online publication the lag in publishing of allowed applications was caught up. Thus, a large number of applications allowed in 2010 is evident (These applications will be granted in 2011 and therefore are not part of the 2010 patents granted statistics).

24

Statistical Data

Amount of Oppositions in 2000-2010 - by Fields

List of classifications from WIPO’s website -http://www.wipo.int/classifications/ipc/ipc8

25

Statistical Data

The 20 Leading Foreign Applicants in Filing Patent Applications at the ILPO in 2010

Company Name No. of Applications

Qualcomm Incorporated 313

F. Hoffmann-La Roche 135

BASF SE 69

Genentech, Inc. 64

Novartis Ag 62

Microsoft Corporation 57

AstraZeneca Ab 56

Sanofi-Aventis 54

Merck Patent Gmbh 50

Boehringer Ingelheim International Gmbh 49

Sanofi Aventis 39

Raytheon Company 39

Janssen Pharmaceutica, N.V. 35

Mondobiotech Laboratories Ag 35

Bayer Schering Pharma Aktiengesellschaft 32

Thales 30

Telefonaktiebolaget L M Ericsson (Publ) 26

Eisai R&D Management Co., Ltd. 25

Bayer Cropscience Ag 23

Wyeth LLC 23

The 20 Leading Local Applicants in Filing Patent Applications at the ILPO in 2010

Company Name No. of Applications

Yeda Research And Development Co. Ltd.1. 30

Iscar Ltd.2. 23

Teva Pharmaceutical Industries Ltd.3. 23

Plasan Sasa Ltd.4. 20

Israel Aerospace Industries Ltd.5. 17

Yissum Research Development Company Of The Hebrew 6. University Of Jerusalem Ltd.

16

Rafael Advanced Defense Systems Ltd.7. 16

Benjamin Firooz Ghassabian8. 15

Aharon Eyal9. 15

Hcl Cleantech Ltd.10. 14

Verint Systems Ltd.11. 14

Technion Research And Development Foundation Ltd.12. 14

Navotek Medical Ltd13. 13

Giora Kornblau14. 13

BGN Technologies15. 12

Biosense Webster (Israel) Ltd16. 12

Chemagis Ltd.17. 11

ECI Telecom Ltd.18. 10

Assaf Govari19. 10

Zamir Tribelsky20. 10

26

Statistical Data

The 15 Leading Applicants in Filing International PCT Applications at the ILPO as a Receiving Office in 2010

Company Name No. of ApplicationsYissum Research Development Company of the Hebrew University of Jerusalem Ltd.

53

Technion Research & Development Foundation Ltd. 34Yeda Research And Development Co. Ltd. 32Ramot At Tel-Aviv University Ltd. 32Iscar Ltd. 28Dsp Group Ltd. 15Medingo Ltd. 11Syneron Medical Ltd. 11Tel Hashomer Medical Research Infrastructure and Services Ltd.

11

ECI Telecom Ltd. 10Hadasit Medical Research Services & Development Company Ltd.

9

Given Imaging Ltd. 8Aspect Magnet Technologies Ltd. 8Endospan Ltd. 7Elta Systems Ltd. 7

27

Statistical Data

Patent Applications Filed vs. Patents Granted in 2000-2010

Total Patent Applications Filed in 2009 – by Country (Israel ranked 16th)

From WIPO's database – last updated on January 2011, data for Israel from ILPO's database

28

Statistical Data

Total Patents Granted in 2009 - by Country (Israel ranked 20th)

Total Patent Applications by Fields: Israel vs. the Rest of the World in 2003-2007

From WIPO's database – last updated on January 2011

29

Statistical Data

Patent Applications per US $1.0 Billion GNP in 1995-2007 (Israel ranked 11th)

Patent Applications per capita (millions) in 2007 (Israel ranked 14th)



30

Statistical Data

Leading Countries in Filing National Phase Applications Following PCT Applications in 2010 (Israel ranked 7th)

Share of PCT National Phase Entries out of Total Non-Resident Filings

From WIPO's database – last updated on: March 2011, data for Israel from ILPO's database

From WIPO’s database

31

Statistical Data

PCT Applications in 2010 - by Country of Origin (Israel ranked 16th)

From WIPO's database – last updated on March 2011

From WIPO's database – last updated on March 2011

PCT Applications in 2010 - by Receiving Office (Israel ranked 15th)

32

Statistical Data

Designs Applications Filed at the ILPO in 2010 – by Countries

Country Number of Requests

Armenia 3

Australia 2

Bahamas 1

Belgium 1

Brazil 109

British Virgin Islands 7

Canada 3

Cyprus 5

Denmark 5

England 18

France 18

Germany 19

Israel 1,199

Italy 55

Japan 11

Luxembourg 10

Netherlands 22

New Zealand 1

Norway 6

Other 12

Poland 1

Russia 1

South Korea 1

Spain 8

Sweden 1

Switzerland 12

Turkey 1

United States 90

Local applications: 1,199

Applications from abroad: 423

Total applications: 1,622

Designs Statistics

33

Statistical Data

Designs Applications Filed in 2010 – by Classifications

ClassificationApplications from Israel

Applications from abroad

filed Registered filed Registered

Not yet classified 311 0 32 0

Food products 3 0 0 0

Clothing and apparel 89 79 44 31

Travel goods cases, parasols, personal goods not classified elsewhere

33 17 6 6

Brushes 3 0 11 1

Textile items, synthetic or natural sheet material

3 1 0 0

Furniture 98 62 4 0

Household items not classified elsewhere 30 19 9 3

Tools and instruments 29 23 30 28

Packages and containers for transport or handling of goods

109 33 58 34

Wall clocks, watches and devices and other measuring instruments for testing and signaling

2 4 3 15

Decorating items 92 62 61 63

Transportation and lifting 36 8 20 4

Equipment for generating, distribution or transformation of electricity

11 5 26 9

Equipment for recording, communications and data retrieval

10 7 20 21

Machines not classified elsewhere 5 7 6 0

Photography and filming equipment, optical Instruments

2 0 5 1

Musical instruments 0 0 2 0

Office supplies and office equipment, artists and teaching equipment

15 4 3 4

Sales and advertising equipment, signs 10 3 0 1

Games, toys, tents and sports goods 36 11 6 5

Weapons, fireworks, hunting fishing and pest control equipment

4 0 5 1

Fluid transfer equipment, sanitary equipment, HVAC equipment, solid fuel

34 11 27 19

Medical and laboratory equipment 10 9 12 7

Construction units and building components 166 155 48 0

Lighting facilities 52 45 12 17

Tobacco and smoking articles 2 1 1 1

Pharmaceutical and cosmetic preparations, cosmetic items and equipment

3 3 11 5

Equipment and facilities for fire protection, accident prevention and life saving

1 0 1 0

Animal treatment 0 1 0 1

Classification according to the Third Addition to the Designs Regulations


Applications from abroad: 423

Total filed applications: 1,622

Local applications registered: 570

Applications from abroad registered: 278

Total applications registered: 848

34

Statistical Data

Design Applications Filed in 2010 – by Classifications

Design Applications Registered in 2010 – by Classifications

35

Statistical Data

10 Leading Companies in Filing Design Applications in 2010

1. H. Stern

2. Diesel S.p.A

3. Extal

4. Klil

5. Karashi

6. Sony

7. Philips

8. Hazofrim

9. Keter Plastic Ltd.

10. Antelope SHivuk Ltd.

Design Applications and Registered Designs in 2000-2010

36

Statistical Data

Designs Filed in 2009 – by Country (Israel ranked 21st)

Designs Registered in 2009 – by Country (Israel ranked 22nd)



37

Statistical Data

Out of these, 463 international applications according to the Madrid Protocol since joining on September 1st, 2010.


ApplicationsfromAbroad:5,447ֿ

Total applications: 8,017

Local registered trademarks: 2,372

Registered Trademarks from Abroad: 6,750

Total Registered trademarks: 9,122

Trademarks – Filed and Registered in 2010

CountryNo. of

ApplicationsNo. of classifications

in applicationsTrademarks Registered

No. of classifications in

registrations

Austria 51 139 86 87

Argentina 2 2 5 5

Australia 48 56 75 75

Belgium 41 44 73 73

Brazil 9 9 28 28

Bulgaria 5 5 2 2

Canada 55 64 73 73

China 188 197 165 165

Czech Republic 6 10 14 14

Denmark 34 39 62 62

England 260 313 342 342

Finland 20 20 25 25

France 289 335 522 522

Germany 496 532 601 601

Greece 15 16 4 4

Hungary 3 3 9 9

India 15 15 14 14

Ireland 23 23 19 19

Israel 2,570 2,860 2,372 2,372

Italy 221 226 321 321

Japan 214 237 392 392

Liechtenstein 2 2 19 19

Luxemburg 56 70 79 79

Mexico 7 13 11 11

Netherlands 138 147 283 283

New Zealand 3 4 1 1

Norway 14 14 30 30

Other 498 531 368 368

Poland 13 19 16 16

Portugal 71 71 7 7

Romania 1 1 0 0

South Africa 8 8 21 21

Spain 66 76 76 76

Sweden 95 101 101 101

Switzerland 656 762 572 572

Turkey 64 72 70 70

United States 1,832 2,053 2,386 2,386

Trademark Statistics

38

Statistical Data

Trademark Applications Filed at the ILPO in 2010

Registered Trademarks at the ILPO in 2010

39

Statistical Data

Trademark Applications vs. Registered Trademarks in 2000-2010

Legal Proceedings - Trademarks 2010

Type of proceeding terminated

OppositionsRevocation/Cancellation

Proceedings for parallel applications

Unilateral proceedings

Cancellation / abandonment of

trademark by owner 14 2 4 1

Cancellation/ abandonment by

opponent12 - - -

a reasoned adjudicator's resolution

4 1 12

Total 30 1 4 13

All given decisions can be viewed on the ILPO's website, including the many interim decisions:

http://www.justice.gov.il/MOJHeb/RashamHaptentim/HachlatotRasham/default.htm

40

Statistical Data

Total Trademarks Filed in 2009 – by Country (Israel ranked 34th)

Total Trademarks Registered in 2009 – by Country (Israel ranked 32th)

From WIPO's database – last updated on January 2011, data for Israel from ILPO's database


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Freedom of Information Law

Freedom of Information Law

The Freedom of Information Law, 5758-1998, states that every citizen or resident of Israel has the right to receive information about the activity of a public body. The law specifies the types of information that should be available for public review and the ways to increase accessibility to it. As a rule, the ILPO provides the public with all information as required under law and in view of the recognized importance of transparency.

The judicial decisions of the Commissioner, his deputy and the adjudicators are published on the ILPO's website, distributed to the popular legal databases and to ILPO's online distribution list. Administrative instructions of the Head of the ILPO in the form of circulars and public notices are posted at the ILPO's website for public review and mailed to the online distribution list.

The Head of the ILPO, by virtue of his authority under Section 3 to the Freedom of Information Law, appointed Mr. Yochanan Mizrachi to the position of the person in charge of providing information to the public, handling requests for information and the application of the provisions of said law. Mr. Mizrachi is acting within said position under the professional guidance of attorney Michal Tenne, Director of the Public Enquiries Unit and Supervisor of the application of the Freedom of Information law in the Ministry of Justice.

In 2010 no requests to receive information, according to the Freedom of Information Law, were filed to the person in charge of providing information at the ILPO.

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Report Editing: Noa Amit, International Relations Officer, Israel Patent Office

English Translation: Protocol Co.

Graphic Design: Almog Printing

For public enquiries:Israel Patent Office, 1 Agudat Sport Hapoel St., Technology Garden, Building no. 5, Jerusalem [email protected] | Phone: 02-565-1702

Officer in Charge for Provision of Information to the Public in the Ministry of Justice:Michal Tenne, Attorney at LawPhone: 02-646-6321 | Fax: 02-646-7085 | [email protected]

To view decisions and for additional continuous and updated information about the ILPO,please visit our website: www.patents.gov.ilAnnual Report online: http://www.justice.gov.il/MOJEng/RashamHaptentim/annualreport.htm

Israel Patent OfficeAnnual Report

2010

Documents

Israel Patent Office Annual Report 2010