Protecting and commercializing an invention |
|
|
|
|
|
|
|
- Where can I find resources regarding the PPH?
- How can the ILPO be contacted regarding a question about the PPH?
- How is a PPH application submitted?
After 20/06/2016, a PPH application should be submitted through ILPO's online submission system. If the applicant does not have a smart card and did not submit the PPH request together with his/hers patent application, the applicant may submit the request via email pph@justice.gov.il.
- How long does it take the ILPO to respond to a PPH request?
Within a few days of applying to enter the PPH.
- How long does it take until ILPO examines an application that was approved to enter the PPH?
Within 3 months from approving entrance to the PPH or within 3 months from submission of a response to article 18 of the law (the later of the two).
- What is the difference between a bilateral arrangement to a GPPH arrangement with the same authority? What is the difference between a PPH and a PCT-PPH arrangement?
A bilateral arrangement relates only to an arrangement between ILPO and a specific corresponding authority, while the GPPH is a group of authorities relying on work products of corresponding member authorities of the group. Where two participating authorities have a pre-existing bi-lateral PPH arrangement, the guidelines of the GPPH will take precedence over those of the existing PPH bilateral arrangement.
The difference between the PPH and the PCT-PPH is in relying on work products of a specific corresponding authority in its national capacity (PPH) as apposed to relying on its work products in its international capacity (PCT-PPH).
- Can a PPH application relying on two different priorities from two different authorities be approved?
Yes, as long as the application was examined by an authority that is a member of the GPPH, or if ILPO has a bilateral PPH arrangement with one of the two authorities.
- What is ILPO's policy regarding a PPH application that shares only one out of a number of priority claims with a corresponding application?
ILPO's policy when the corresponding application has more priority claims than the Israeli application is that the applicant should convince ILPO that the Israeli claims derive from the shared priority claim.
ILPO's policy when the corresponding application has less priority claims that the Israeli application is to accept the application, subject to meeting the rest of the PPH requirements.
- Is it possible to submit an answer to Article 18 of the law together with a PPH application, even before receiving a notice according to Article 18 from ILPO?
Yes, and it is recommended to do so since it saves time and effort from ILPO.
- There is no scheme in a relevant PPH arrangement that corresponds to the filing route of a patent application/ the application does not meet all of the demands that are stated in the PPH arrangement, but the applicant thinks the application is eligible to enter the PPH. What can be done?
It is possible to describe in a cover letter the filing route of the corresponding and Israeli applications and the connection between them, declare and show that the IL application explicitly derives from the corresponding application and state that the claims in the corresponding application derive from a common priority claim. If the ILPO will be convinced that the application explicitly derives, the application could enter the PPH.
- The IL application claims priority from a US Provisional, but Provisional applications have no representation in the schemes in the bilateral or GPPH arrangements. What is ILPO's policy in such situations?
As long as the IL application explicitly derives from the corresponding application, the ILPO will allow entrance to the PPH (subject to meeting the rest of the requirements).
- Is it possible to apply for entrance to the PPH along with applying for modified examination in accordance to Article 17c or Commissioners notice M.N. 70?
Yes, advancing the application out of turn (PPH) and the method of examination it undergoes are not dependent on one another. A PPH application only relates to advancing an application out of turn and is one of the "on the spot" (Article 19A of the law) routs of expediting an examination, and an application according to Article 17c of the law or commissioners circular M.N. 70, relate to the method of examination the patent application will undergo.
- Is there a fee for applying for the PPH?
No.
- How is a PPH application applied for in a foreign authority that ILPO has an arrangement with?
- Is it possible to apply for entrance to the PPH together with applying for a patent/entrance to national stage/divisional application?
- Until when can I apply for entrance to the PPH?
As an office action has not been issued. It is possible to check if an office action has been issued in ILPO's search engine (office action are named "Notice of objection").(office action are named "Notice of objection").
- Can a request to enter the PCT-PPH rely solely on a positive ISR?
No, it should also rely on a positive Written Opinion/IPRP.
- Would changing the claims so that they comply with ILPO's patentability requirements, still render them "sufficiently corresponding"?
- Can the claims be changed after an application was accepted to the PPH?
Yes, but if they will cease to sufficiently correspond to the claims in the corresponding application then the patent application will return to the regular examination line.
- Is it possible to request entrance to the PPH at ILPO while relying on a positive examination done by ILPO in its capacity as an international search and examination authority?
- Where can I view presentations from PPH seminars?
- If an application to enter the PPH will be approved, who will examine it?
Approved applications will be allocated to team leaders of relevant technology departments that will subsequently allocate them to an examiners in their department.
|
|
|
|