Attorneys and patent attorneys both deal with intellectual property, but the authority of attorneys in intellectual property is broader than that of patent attorneys. Intellectual property is a field with different types of legal protection, for example for certain functions and operations, for designs, for names and for creative works. Attorneys, and in some cases patent attorneys, can advise how to act from the idea stage to protect the intellectual property and, at a later stage once protection exists, how to take action against infringers in legal proceedings in the courts in Israel and around the world.
Attorneys and Patent Attorneys under the Patents Law
Section 154 of the Patents Law states: “A patent attorney shall have the exclusive right to engage in Israel, for remuneration, in applications for patents, designs and trademarks and in the preparation of any document submitted to the Registrar, to the Authority or to the authority for the protection of industrial property in another country, and to represent and handle any proceeding before the Registrar or the Authority.
(b) This section does not derogate from the right of an advocate, or of a civil servant within the scope of his duties, to perform the said actions.”
Our team is comprised of lawyers, and lawyers who are also patent attorneys, meaning we provide all of the options and powers that the law allows, and not only those limited to the powers of a patent attorney.
For example, Section 155 of the Law states: “A patent attorney shall, by the Court’s permission, have the right to plead in Court on behalf of a party to proceedings under this Law on any matter that relates to an invention or a patent and is not a point of Law, on condition that the advocate of that party is present at the time.”
In other words, a patent attorney’s practice is limited to proceedings before the Patent Office only, whereas an attorney can of course conduct proceedings outside the Patent Office, for example sending warning letters to potential infringers of a patent, design, trademark, copyright or other intellectual property protections, and conducting proceedings in courts in Israel or abroad, such as infringement claims, requests for injunctions and compensation, etc.
Moreover, legal support during negotiations with companies and investors, and the preparation of intellectual property agreements, such as agreements for the sale and purchase of intellectual property rights and the transfer of ownership, including the various important details in agreements of this type, for example reporting dates to the inventor, the option to audit sales quantities, and many commercial details that usually exist in agreements of this kind.
For more details, contact us or call +972-3-9711013.
Attorneys and Patent Attorneys under the Patents Law
Section 154 of the Patents Law states: “A patent attorney shall have the exclusive right to engage in Israel, for remuneration, in applications for patents, designs and trademarks and in the preparation of any document submitted to the Registrar, to the Authority or to the authority for the protection of industrial property in another country, and to represent and handle any proceeding before the Registrar or the Authority.
(b) This section does not derogate from the right of an advocate, or of a civil servant within the scope of his duties, to perform the said actions.”
Our team is comprised of lawyers, and lawyers who are also patent attorneys, meaning we provide all of the options and powers that the law allows, and not only those limited to the powers of a patent attorney.
For example, Section 155 of the Law states: “A patent attorney shall, by the Court’s permission, have the right to plead in Court on behalf of a party to proceedings under this Law on any matter that relates to an invention or a patent and is not a point of Law, on condition that the advocate of that party is present at the time.”
In other words, a patent attorney’s practice is limited to proceedings before the Patent Office only, whereas an attorney can of course conduct proceedings outside the Patent Office, for example sending warning letters to potential infringers of a patent, design, trademark, copyright or other intellectual property protections, and conducting proceedings in courts in Israel or abroad, such as infringement claims, requests for injunctions and compensation, etc.
Moreover, legal support during negotiations with companies and investors, and the preparation of intellectual property agreements, such as agreements for the sale and purchase of intellectual property rights and the transfer of ownership, including the various important details in agreements of this type, for example reporting dates to the inventor, the option to audit sales quantities, and many commercial details that usually exist in agreements of this kind.
For more details, contact us or call +972-3-9711013.
