To: Applicants, Patent Attorneys, Attorneys
From: Dr. Meir Noam, The commissioner of patents, designs and trademarks
Re: Examining patent applications with corresponding applications which were allowed
1. To improve the examining procedure, this circular is hereby published.
2. A patent application which qualifies to the following conditions will be deemed as if sections 4, 5, 8, 12 and 13 of the Israel Patent Law - 1967 (hereinafter: "the Law") - are present:
A. The applicant haas filed a patent application for the same invention and received a notice of allowance in a country that its name appeals in the list that the commissioner has published according to section 17 (c) of the patent law (hereinafter: "a foreign country");
B. The claims and specification in the application are identical to the claims and specification which were allowed in the foreign country, subject to section 3 herein;
C. The applicant filed a copy of the notice of allowance, and, if needed, filed its translation to the same language that the application in Israel was filed.
D. The applicant filed a translation of the claims and the specification to the language in which the application in Israel was filed.
3. An application which includes claims for a method for treating the human body, which were allowed in the foreign country and were converted, in terms of form, according to the examiner´s instructions, to claims of use according to circular M.N. 30 - this circular can be applied upon it, if it meets all other conditions in this circular.
4. To avoid any doubt, applications which do not qualify to section 17(c)(1) of the law, which relates to priorities, and therefore were not examined according to section 17(c) of the law, but meet the conditions of this circular - this circular can be applied upon them.
5. The commissioner, the head of examiners or its deputy, are entitled to determined that an application does not qualify to sections 4,5,8,12, and 13, based on material which they have or which was provided to them during the examination process.
6. Circular M.N. 11 is hereby cancelled.
Dr. Meir Noam,
The commissioner of patents, designs and trademarks