Legislative Implementation of Flexibilities - Israel

Title:	Sections 12, 18 and 27 of the Patents Law No. 5727 of 08/08/1967
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

[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 material 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

"biological 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 independently 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 available in the Office for inspection by the public.

[Additional means of examination]

18.-(a) The examiner shall use 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 applicant 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, including 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).

[Description not evidence of specification]

27. The description of the essence of the invention, as published under section 26(b)(5), shall not be evidence when the Court or the Registrar construe the specification in any legal proceeding.