Quick Answer: Patent registration in Israel is governed by the Patent Law 5727-1967 and administered by the Israel Patent Office (ILPO). Foreign companies and inventors most commonly enter via the PCT national phase within 30 months of their priority date, represented by a registered Israeli patent attorney. The ILPO does not operate within the European Patent Convention:a European patent does not automatically extend to Israel. The patent term is 20 years from filing, with annual renewal fees from year three.

Israel is one of the world's most patent-active countries per capita, with a technology sector that produces thousands of inventions annually in fields ranging from medical devices and agricultural technology to cybersecurity and semiconductor design. Foreign companies that operate in Israel, license technology to Israeli entities, or compete in Israeli markets need valid Israeli patent protection:and that requires a separate registration process that many assume is covered by their European or US patents. It is not.

The sections below walk through the legal framework, patentability standards, filing routes, examination timelines, annual maintenance, opposition procedure, and enforcement in Israeli courts. Specific fee amounts are approximate:the ILPO updates its schedule periodically, so verify current amounts at patents.gov.il before filing.

1. Israel's Patent System

The principal statute is the Patent Law (Chok HaPatentim) 5727-1967, most recently substantially amended in 1999 and in subsequent years to align Israel's system with TRIPS Agreement obligations under the WTO. The law is supplemented by the Patent Regulations (Takanot HaPatentim) which govern procedural requirements in detail.

The Israel Patent Office (ILPO, Rashut HaPatentim) is part of the Ministry of Justice and based in Jerusalem. It accepts applications in Hebrew or English:one of the few patent offices outside the US and UK that routinely operates in English, which significantly simplifies filing for foreign applicants. The ILPO also conducts substantive examination in-house; Israel does not rely on examination reports from other offices as a substitute for its own search and examination, though examiners routinely consider prior art and examination results from the USPTO, EPO, and JPO.

Two international treaties govern Israel's relations with other patent systems. Israel has been a member of the Paris Convention for the Protection of Industrial Property since 1950, enabling priority claims from foreign national applications. Israel joined the Patent Cooperation Treaty (PCT) in 1996, allowing inventors to enter Israel's national phase through the PCT route with a single international application designating Israel, alongside other countries.

In Practice:Israel Is Not in the European Patent Convention: Many foreign applicants assume that designating Israel in a PCT application automatically produces protection equivalent to a European patent. This is a fundamental error. Israel is not a member of the European Patent Convention (EPC). An EP (European patent):whether filed directly with the EPO or entered via PCT:does not extend to Israel, and there is no validation procedure in Israel for EP patents. To protect your invention in Israel you must file a separate PCT national-phase application specifically at the ILPO, or a direct national application under the Paris Convention. If your current patent counsel handles EP prosecution without Israel-specific experience, confirm they have a registered Israeli agent before proceeding.

2. What Can Be Patented in Israel

Section 3 of the Patent Law 5727-1967 sets out the patentability requirements. An invention is patentable if it is:

  • Novel: not disclosed to the public anywhere in the world before the filing or priority date
  • Inventive: not obvious to a person skilled in the relevant field at the priority date (the inventive step requirement)
  • Industrially applicable: capable of being made or used in any kind of industry, including agriculture
  • Not excluded: not falling within one of the statutory exclusions listed in Section 7

Section 7 of the Patent Law excludes from patentability: scientific discoveries or theories, mathematical methods, literary and artistic works (protected by copyright), mental acts or methods of doing business as such, rules for playing games, and methods for medical treatment of the human or animal body. Note that these exclusions mirror those in the EPC but their application by the ILPO has developed its own Israeli case law over several decades.

Software inventions: The ILPO permits software-implemented inventions that produce a concrete technical effect beyond simply running a program. A claim directed purely at a business method or abstract algorithm without a technical contribution is not patentable. In practice, Israeli examiners approach software claims similarly to the EPO's "technical character" approach:the specification and claims must clearly describe the technical problem solved and the technical solution, not merely an abstract process. Given Israel's robust technology sector, ILPO examiners are experienced in this field and will engage substantively with software patent claims rather than rejecting them categorically.

Pharmaceutical patents: Pharmaceutical compositions, methods of manufacture, and new uses of known compounds are patentable in Israel subject to the standard criteria. Israel has a specific regime for pharmaceutical patent term extensions under the Patent (Extension for Pharmaceutical Products) Law 5753-1993, compensating patentees for regulatory approval time, as discussed in Section 5 below.

3. Direct Filing vs PCT National Phase

Foreign applicants have two routes to file in Israel:

Route 1: Paris Convention direct national application. File directly at the ILPO within 12 months of your earliest priority application (typically your home national application). The application must be filed in Hebrew or English. This route suits applicants who want earlier Israeli examination, are filing in few countries, or need an Israeli patent before the PCT 30-month deadline. Documents required: specification and claims (English is accepted), abstract, drawings where applicable, Power of Attorney executed by the applicant, and, if the applicant is not the inventor, an Assignment Deed signed by the inventor assigning ownership of the invention.

Route 2: PCT national phase entry. The most common route for foreign applicants. File an international PCT application designating Israel (country code IL) within 12 months of your priority date. Israel's national phase entry deadline is 30 months from the earliest priority date. At national phase entry, you must file with the ILPO: a translation of the international application into English or Hebrew (if the PCT application was not originally filed in one of those languages), a national-phase entry form, the applicable ILPO entry fees, a Power of Attorney, and an Assignment Deed if applicable. The international search report and written opinion produced during the PCT procedure are taken into account by the ILPO examiner.

In Practice:PCT National Phase Entry Checklist: The 30-month deadline runs from the earliest priority date and is absolute:there is no grace period for missing it at the ILPO. The following documents must be filed at or shortly after national phase entry: (1) Formal national-phase entry request form; (2) Power of Attorney (Iyum) executed by the applicant within 3 months of entry (an unsigned or late-filed POA is an irregularity that suspends examination); (3) Assignment Deed if the patent applicant is a company rather than the named inventor:must be signed by the inventor and the assignee; (4) Translation of the specification and claims into English or Hebrew if the PCT application was filed in another language; (5) ILPO official filing fee (currently based on claim count:verify the current schedule at patents.gov.il). Claims exceeding 50 attract a per-claim surcharge. The appointment of a registered Israeli patent attorney or agent is mandatory for all foreign applicants and must be established before the ILPO will process any correspondence.

4. The Examination Process

Once an application is filed (directly or via PCT national phase), the ILPO conducts a formal examination to verify that the application meets procedural requirements:title, abstract, drawings compliance, and fee payment. Once formalities are accepted, the application is published in the ILPO's Official Gazette (Yalkut HaPatentim) 18 months after the earliest priority date.

The Section 18 notice. Under Section 18 of the Patent Law, after formality examination the ILPO issues a notice setting a deadline for the applicant to formally request substantive examination. This deadline is typically 4 months from the Section 18 notice, extendable by up to 12 months on payment of an extension fee. Failing to request examination by the deadline results in the application being considered withdrawn. For PCT-entered applications, the request for examination is sometimes submitted at the time of national phase entry to avoid the additional step.

Substantive examination. The ILPO examiner conducts a search and examines the claims against the patentability requirements of Section 3 of the Patent Law. The examiner considers the international search report (for PCT applications) but conducts an independent analysis. Common examination issues include novelty objections citing prior art, inventive step objections, and claim clarity or support issues. The applicant has opportunities to respond with arguments and amended claims. In complex cases, the parties may request an oral hearing (shemia) before the Deputy Commissioner for Patents.

Timeline from filing to grant. The overall process from PCT national phase entry to patent grant typically takes 3 to 6 years in Israel, though straightforward applications in some technology fields can be completed in under 3 years. Technology fields with higher examiner workloads:particularly biotech and software:tend toward the longer end. Once examination is complete and all objections are resolved, the patent is accepted and published in the Patent Register (Pinkas HaPatentim).

In Practice:Managing the Section 18 Examination Deadline: The Section 18 notice can arrive as early as 12 to 18 months after national phase entry. If your Israeli patent attorney is not monitoring this deadline actively, the application can be inadvertently allowed to lapse. Use the maximum 12-month extension strategically if you need time to assess whether the application is commercially valuable before committing to examination fees. However, the extension incurs an additional fee and delays the examination clock. For commercially critical applications in Israel, request substantive examination at national phase entry:this moves examination forward rather than waiting for the Section 18 notice cycle. In particularly important cases, consider requesting accelerated examination (available for patents that have already been granted in at least one other jurisdiction, for a fee).
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5. Patent Term, Maintenance Fees, and Extensions

Under Section 52 of the Patent Law 5727-1967, the term of an Israeli patent is 20 years from the filing date of the application (not from grant). For PCT national phase applications, the filing date is the international filing date of the PCT application.

Annual maintenance fees. Renewal (maintenance) fees are payable to the ILPO annually, starting from the end of the third year after the application filing date (not the grant date). This means renewal fees begin accruing during examination, before the patent is granted. Failure to pay a renewal fee on time results in the patent or application lapsing. A grace period of 6 months is available with a 50% surcharge on the overdue fee; beyond 6 months, the patent is considered abandoned and cannot be restored except by a formal application to the Commissioner. Maintenance fees increase year by year:the annual fee in year 20 is significantly higher than in year 3.

Pharmaceutical patent term extensions. Under the Patent (Extension for Pharmaceutical Products) Law 5753-1993, a pharmaceutical patent holder may apply for an extension certificate that compensates for the time spent obtaining marketing approval from the Ministry of Health. The extension period is calculated as the time between the filing date of the patent application and the date of the first marketing approval in Israel (or a defined reference country), less 5 years, with a maximum extension of 5 additional years. Applications for an extension certificate must be filed at the ILPO within 90 days of the first marketing approval in Israel. The patent extension covers only the specific product for which marketing approval was obtained, not the full scope of the patent claims.

In Practice:Renewal Fee Monitoring for PCT Portfolios: Foreign patent holders who enter multiple countries via PCT often discover that Israeli renewal fees begin before grant, sometimes before the applicant has decided to pursue the application to grant. Fees unpaid during the examination phase lapse the application silently unless your Israeli agent is monitoring the renewal calendar and issuing reminders. A common error occurs when a foreign applicant's head-office patent management system tracks "granted patents" only and misses pre-grant Israeli renewal obligations. Confirm with your Israeli agent that renewal reminders are set from the international filing date, not from the grant date. The Ministry of Justice's ILPO online portal (patents.gov.il) allows registered agents to check status and renewal due dates; ensure your agent uses it regularly for your portfolio.

6. Opposition and Challenges

Under Sections 99 and 100 of the Patent Law, after a patent is accepted and published in the Patent Register, there is a 3-month opposition window during which any person may file a formal opposition challenging the grant. Grounds for opposition mirror the patentability requirements:the opponent may argue the invention is not novel, lacks inventive step, is excluded from patentability, or that the applicant was not entitled to the patent (e.g., the true inventor was someone else).

Opposition proceedings take place before the ILPO's Commissioner for Patents or a designated Deputy Commissioner. Both parties file written submissions, and an oral hearing is typically held. The process is adversarial and resembles civil litigation in miniature. Decisions can be appealed to the District Court.

From the applicant's perspective, the 3-month opposition window is also a strategic opportunity. Competitors who are aware of the application from publication in the Patent Register may file oppositions as a delay tactic or to weaken claim scope. Having experienced Israeli patent counsel monitor publications and prepare substantive responses to anticipated oppositions is advisable for commercially sensitive technologies.

After grant and beyond the opposition period, a granted patent may still be challenged through a revocation action filed at the District Court (Section 179 of the Patent Law). Courts can revoke a patent on the same grounds as the ILPO Commissioner in opposition proceedings.

In Practice:Opposition Strategy for Pharmaceutical Patents: Israel has an active pharmaceutical litigation sector, and generic manufacturers routinely file oppositions against pharmaceutical patent applications before or shortly after grant. Under the Israeli Pharmaceutical Approval Procedure (linked to the ILPO's patent linkage register, similar to the US Orange Book concept), a generic manufacturer cannot receive Ministry of Health marketing approval for a product covered by a listed Israeli patent without either challenging the patent or waiting for expiry. This makes pharmaceutical patent oppositions particularly high-stakes. Foreign pharmaceutical companies should file their Israeli applications early, pursue accelerated examination where possible, and have Israeli patent counsel monitor competitor generic product applications to detect potential patent linkage challenges. Opposition proceedings involving pharmaceutical patents routinely take 2 to 4 years to conclude at the ILPO level.

7. Enforcing Your Patent in Israel

A granted Israeli patent gives the holder the exclusive right to manufacture, use, sell, offer for sale, and import the patented product in Israel, and the exclusive right to use a patented process and to make, use, sell, offer for sale, or import products obtained directly by that process. These rights are set out in Section 49 of the Patent Law.

District Court jurisdiction. Patent infringement claims in Israel are filed in the District Court:not the Magistrate Court (which handles lower-value civil claims) and not arbitration (unless the parties have a contractual arbitration agreement). The Tel Aviv District Court handles the majority of patent litigation. Israel's courts have developed a body of patent law case law that generally follows principles familiar from US and European practice, though with Israeli-specific procedural rules.

Available remedies. Under Section 180 of the Patent Law, a patent holder who succeeds in an infringement action may obtain: a permanent injunction against further infringement; damages calculated as the actual losses suffered, including loss of profits; alternatively, the infringer's profits as a disgorgement remedy; and in cases of deliberate infringement, enhanced damages at the court's discretion. Israeli courts have awarded substantial damages in patent cases; awards of several million NIS are not uncommon in pharmaceutical and technology disputes. Attorney fees may be awarded to the successful party under the general civil procedure rules.

Customs seizure. Foreign patent holders can request the Israeli Customs Authority (Minhelet HaMeches) to seize infringing goods at the border under the Border Measures Regulation, enacted to implement the TRIPS Agreement Article 51. The right holder must file a written application with Customs supported by proof of the Israeli patent registration and evidence of likely infringement by the imported goods. Customs detention is temporary:if the right holder does not initiate infringement proceedings within the statutory period, the goods are released.

In Practice:Interim Injunctions in Patent Cases: Israeli courts can grant an interim injunction (tzav minui) preventing an alleged infringer from continuing to manufacture, sell, or import the patented product pending the outcome of the main case. To obtain an interim injunction in a patent case before the Tel Aviv District Court, the applicant must establish: (1) a prima facie case of validity and infringement; (2) a real and immediate risk of continuing harm; (3) that the balance of convenience favors an injunction; and (4) willingness to give an undertaking in damages. Courts are cautious about granting interim injunctions in patent cases where validity has not been tested, and they often require that the applicant deposit a security bond. However, in cases of clear and admitted infringement, interim relief can be obtained in 2 to 4 weeks from filing the motion. Pharmaceutical patent holders seeking to stop a generic launch in Israel should apply for interim relief immediately on learning of the generic's intended launch date, as courts will consider delay in applying as a factor against granting the injunction.