Patent Rights in Israel: Key Principles & Enforcement Framework

Introduction

Patent protection in Israel underpins the country’s strong culture of innovation, providing inventors and companies with exclusive rights that support commercial investment and technological advancement. This article outlines the core rights acquired upon grant of a patent, the mechanisms available to enforce those rights, and the duration of enforceability under Israeli law.

Exclusive Rights Conferred by a Granted Patent

Upon grant of a patent in Israel, the patentee receives the exclusive legal right to prevent others from exploiting the invention without permission. The Patent Law defines “exploitation” broadly, with the scope depending on whether the invention is a product or a process.

Product Inventions

For inventions directed to products, exploitation includes:

– Manufacturing the product;

– Using the product;

– Selling the product; and

– Importing the product into Israel.

Process Inventions

When the patented invention is a process or method, rights extend to:

– Using the patented process; and

– Exploiting any product obtained directly from the use of that process.

Enforcement of Patent Rights

Patent rights in Israel are enforced through civil actions brought before the District Courts. Patent owners may seek a broad range of remedies designed to stop infringement and compensate for any resulting harm.

Available remedies include:

– Temporary injunctions;

– Permanent injunctions;

– Damages;

– Account of profits; and

– Ancillary relief.

Duration and Maintenance of Patent Rights

A standard Israeli patent remains in force for 20 years from the filing date, conditional upon the timely payment of maintenance fees. If a patent lapses due to non‑payment, the law provides mechanisms for reinstatement.

Patent Term Extensions (PTEs)

For certain pharmaceutical inventions, Patent Term Extensions of up to five years may be available.

Conclusion

Israel’s patent system provides robust, internationally aligned protection for inventors. Through comprehensive exclusive rights, strong enforcement mechanisms, and meaningful terms of protection, patent owners in Israel can confidently safeguard their innovations.