Monday, August 23, 2010

Reopening abandoned design files in Israel

The most recent design patents newsletter of Israeli IP firm Shilon Zuckerstein & Co mentions a 29 June 2010 decision of administrative Israeli Patent Authority (IPA) judge Yaara Shoshani, which states that the IPA is continuing to refuse to reopen abandoned design applications. This is apparently the latest of a number of rulings which the IPA has declined to reopen abandoned design applications and registrations on the basis that to do so would cause damage to third parties who have acted in reliance on the abandonment. This note does not clarify the precise basis upon which a design patent applicant or registrant might expect an abandoned application or registration to be opened and it rather looks as though the resuscitation of closed files might be available at the IPA's discretion. Does anyone have information about this?

Source: "Israeli Patent Authority continues to refuse opening of abandoned design applications", here

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