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  Israel Patent Opposition - Filing Notices and Evidence
Zeev Fisher, Adv., Partner

14/2/2009


Part 4 - Opposition For Patent

Chapter 1 - Filing Notices and Evidence

57. Notice of Opposition

A notice of opposition to grant a patent will be delivered to the commissioner according to clause 30 of the law, together with the appropriate fee.

58. Arguments and evidence by opposer

(a) a month after serving a notice of opposition according to regulation 57, the opposer will submit to the commissioner his arguments, in which he will specify his grounds for opposition, the facts on which he is arguing, and the requested remedy.

(b) the opposer is allowed to enclose the evidence to the arguments.

(c) if the opposer does not wish to file evidence, he will note that fact in his arguments.

59. Arguments and evidence by applicant

(a) 3 months after being served the arguments according to regulation 58, the applicant will submit to the commissioner his arguments in reply.

(b) if evidence were enclosed to the arguments according to regulation 58(b) or a notice that no evidence will be served was given, the applicant will enclose his evidence to the arguments.

(c) if the applicant did not submit his response according to subregulation (a), or did not submit his evidence together with his arguments if he is obligated to do so according to subrule (b), he will  be deemed as if he had admitted the applicantīs arguments, and the commissioner will decide accordingly.

60. Evidence by opposer

If the opposer did not submit his evidence according to regulation 58(b) and did not serve a notice according to regulation 58(c), he is allowed to file his evidence to the commissioner within 3 months of the date from which the applicant filed his arguments according to regulation 59(a); If he did not do so, he will be deemed as if he admitted the facts that the applicant argued, and the commissioner will decide accordingly.

61. Evidence by applicant

If evidence were filed by the opposer according to regulation 60, the applicant is allowed, within 3 months, to file his evidence.

62. Evidence in response

The opposer is allowed, within 3 months from the date the evidence by the applicant were filed according to regulation 59(b) or 61, to file to the commissioner evidence in response, which relate to the facts that were explicitly denied by the applicant in his evidence or that were first mentioned in his evidence.

63. No more evidence

No further evidence will be submitted by the opposer or the applicant, unless the commissionerīs permission was given.

64. Translations of documents in evidence

If a specific document which was part of the evidence was drafted in a language which is not an official language, a translation, verified to the extent that the commissioner will be satisfied, will be enclosed, unless the commissioner has otherwise instructed.









 



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