A Utility Patent is the exclusive right granted to an inventor to utilize an invention, whether it is a product or a process in any technological field, provided that the invention is new, useful, lends itself to industrial use and constitutes an inventive step which is non-obvious.
GKDM accompanies and advises its clients on the protection of inventions and Utility Patents. GKDM works in collaboration with leading Israeli and foreign patent attorneys in order to make sure that the client’s invention will be protected the best possible way. GKDM’s professional services include accompanying the client in the Patent Application process; Patent licensing; commercialization and sale of the Patent; and Patent litigation
What inventions can be patented?
The invention must be new, i.e. not published, neither in Israel nor abroad, prior to the filing of the Patent Application.
What kind of inventive step is required in order to gain a Utility Patent protection?
It must be an inventive step which does not appear to be an obvious matter to an average professional, based on the professional knowledge which have already been published to the date of the Patent Application.
How do I protect my invention?
In order to merit a Utility Patent protection one has to file a proper Patent Application. This application includes details of the invention, the elements for which Patent protection is requested, and scope of the required protection (what is referred to as – the “Patent Claims”).
It is important to note, that Patent protection is a territorial protection, that is to say, applying for a Utility Patent in Israel generally will not grant the inventor legal protection or Patent right abroad. This means that it is important to formulate an application and protection strategies for the invention prior to filing of the application in Israel (or abroad). This is done first and foremost in order to ensure protection in the primary target markets. Similarly, it is important to make certain that the application in Israel will not impede one’s ability to apply for Patent abroad.
Another important point to mention is that publicizing the invention prior to filing of the Patent Application will most likely to result in the refusal of the Patent Application and the disqualification of the Utility Patent (even if already granted!). Publicizing can occur in writing or orally, in any manner by which a professional can make or utilize the invention according to the information published. Publicizing can also occur by way of commercial use of the invention or presenting it in public. Therefore, it is important to file a proper Patent Application prior to publishing or marketing the invention.
The above is an overview and does not constitute a legal advice. Professional legal advice requires individual examination of the specific circumstances.