In order to protect the patent, you must file an application to register a patent with the Patent Authority. The application must include details about the invention and the scope of the exclusivity that the inventor seeks.
The law includes a number of requirements and conditions in order to register a patent for an invention. These include:
- The invention must be new, meaning – no such invention was patented in the past and it was not otherwise exploited prior to filing the patent registration application.
- The invention must include inventive progress, meaning – the invention includes some kind of “creative spark” that an average professional in the field would not have achieved on his own based on existing technology and methods prior to the submission of the patent registration application.
- The invention must be usable for industrial use, meaning – this is not literary or design-based intellectual property. Rather, it must have industrial implications.
- The invention must be useful, meaning – the invention must solve an existing problem, streamline processes, or otherwise benefit the relevant industry.
The first step that must be taken when considering registering a patent is to conduct a preliminary examination of whether the idea on which the invention is based is eligible for patent registration, in principle. Among other things, it is important to conduct a patent search in the patent databases in Israel and abroad in order to make sure that same invention is not already protected by patent in Israel or somewhere else, as well as an Internet search for similar products or parallel technologies.
It is important to remember that a patent has territorial limitations. A patent registered in Israel grants exclusivity to the inventor in Israel alone. In order to obtain patent protection in other countries, you must commence application proceedings in additional countries and make a business decision regarding in what countries to register the patent, based on your commercial and business needs.