Shilon Zuckerstein & Co.

Patents | Espionage | Beam Systems Israel – Mini Could (mini anan) patents?

Amit — Sun, 19 Dec 2010 10:00:20 +0000

"Photos of spy equipment show the words 'mini cloud' in Hebrew and the name of an Israeli manufacturer; Lebanese army says it found two Israeli spy devices in mountains near Beirut on Wednesday."

http://www.haaretz.com/print-edition/news/lebanese-television-shows-pictures-of-spy-equipment-with-hebrew-writing-1.331028

Are those the patents protecting said "spy equipment"? Experts says that the photos provided by the Lebanese army show a 30 years old equipment and the public records shows that a company by that name existed only in the 1970's.

Beam Systems Israel Ltd had 2 US patents:

United States Patent 3,950,757

Blass April 13, 1976

Broadband whip antennas

A whip antenna with a substantially constant impedance over a broad band of radio frequencies includes a mounting section, a high-power-dissipation low-resistance assembly, a first whip section, a second whip section, and a high-impedance quarter-wavelength transformer section concentrically formed around the first whip section and extending from the resistance assembly to the junction of the first and second whip sections. The low-resistance termination is attached close to the base of the antenna and is transformed to a high resistance at the junction of the first and second whip sections at the frequency where the matching section length equals one quarter-wavelength. The resistive power loss only occurs over a limited band centered at the design frequency of the matching section. Instability caused by emplacement of a high-mass resistive termination towards the top of the complete antenna is thus avoided.

Inventors: Blass; Judd (Herzliah Petuach, IL)

Assignee: Beam Systems Israel Ltd. (Nof Yam, IL)

Appl. No.: 05/557,836

Filed: March 12, 1975

United States Patent 4,028,704

Blass June 7, 1977

Broadband ferrite transformer-fed whip antenna

The feed point of a whip antenna having a length less than one quarter-wavelength at the lowest frequency of operation is raised above a counterpoise ground plane by a short base sleeve. Gain over a 2.5:1 bandwidth of radio frequencies closely approaches the gain of a standard quarter-wavelength antenna without requiring use of power-dissipating resistance loading. A ferrite transformer at the whip antenna feedpoint is utilized to reduce the high anti-resonance impedance of the broadband whip antenna to the characteristic impedance of a coaxial cable transmission system and to minimize the VSWR thereof. The base sleeve raises the antenna resistance at the resonant frequency near the lower end of the bandwidth to make the transformer effective as an impedance matching element over the entire radio frequency band. A pair of the whip antennas are axially aligned and electrically coupled in series to realize a broadband dipole having increased gain. A pair of dipoles are energized in phased relationship to realize even higher gain and directivity.

Inventors: Blass; Judd (Herzliah Petuach, IL)

Assignee: Beam Systems Israel Ltd. (Nof Yam, IL)

Appl. No.: 05/605,338

Filed:
August 18, 1975

IP | Israel’s World Economic Forum ranking improves to 24th place, boosted by innovation

Amit — Sun, 19 Dec 2010 09:27:41 +0000

Global Competitiveness Report 2010-2011 placed Israel in the 24^th place with a GCI score of 4.91, an improvement of 3 places from the previous report.

Israel's position is highly boosted by the "Innovation and sophistication" factors in which Israel is ranked 11^th !

Israel is ranked 43 out of 139 in Intellectual property protection, with its decent and effective court system and modern patent, trademark and copyright laws.

http://www3.weforum.org/docs/WEF_GlobalCompetitivenessReport_2010-11.pdf:

"Israel ranks 24th in this year’s GCI, up three positions after having suffered losses in competitiveness over the past years. The country’s main strength remains the

excellent—and improving—capacity for innovation (6th), which rests not only on highly innovative businesses but also on the availability of high-quality research institutions

and is reflected in a high number of patents. The favorable financial environment (14th) and, in particular, the availability of venture capital (10th) have further contributed to making Israel an innovation powerhouse. Future challenges to maintaining and improving national competitiveness relate to continued upgrading of institutions (33rd) and a renewed focus on raising the bar in terms of the quality of education. Low educational out-comes, in particular in the area of math and science, could, over the longer term, undermine the country’s innovation-driven competitiveness strategy if not addressed. As in previous years, the security situation remains fragile and imposes a high cost on business (73rd); room for improvement also remains" (pages 36-37)

12th pillar: Innovation

INDICATOR RANK/139

12.01 Capacity for innovation 7

12.02 Quality of scientific research institutions 1

12.03 Company spending on R&D 11

12.04 University-industry collaboration in R&D 14

12.05 Gov’t procurement of advanced tech products 20

12.06 Availability of scientists and engineers 17

12.07 Utility patents per million population 4

Patents | Israeli Patent Authority does not allow incorporation by reference

Amit — Sun, 19 Dec 2010 09:25:23 +0000

In a circular issued by the IPA the commissioner informed that it is not possible any more to incorporate information and materials by reference.

The circular was issued since different examiners practices that caused confusion.

It is now necessary to delete the term "incorporated by reference" from the applications and to amend the applications so that the material and information relevant will be added to the background of the invention.

The Israeli Patent Authority’s new service – Fast track for priority applications

Amit — Sun, 19 Dec 2010 09:24:17 +0000

The IPA has announced a new fast track prosecution for applicants filing their priority application in Israel.

Starting from January 1^st 2011 the pilot program will be available allowing a search report and first office action within 3 months.

Applicants will need to state that the application is the first filed and that they intend to file abroad claiming the benefit of the Israeli priority application.

As applications in Israel usually filed in English (even by Israeli applicants) and due to the fact that the IPA is about to become a International Search Authority (PCT) – this pilot program have benefits to international applicants.

Litigation | Actual expenses ruling – a new trend in the Israel Patent Authority rulings

Amit — Sun, 19 Dec 2010 09:23:33 +0000

In several of the latest ruling in trademark and patent cases the commissioner and his deputy ruled that invoices issued by the representatives indeed support the request but are not sufficient.

A detailed working hour's scheme is required, as well as the cost per hour.

In several cases they ruled that the amount requested is not reasonable or not well supported.

In a personal note, we believe that the expenses ruled in some of the cases are much lower than the actual costs the winning side incurred and we do not understand the reasoning leading to the new policy.

Litigation | The Class Action filed Against the Israel Patent Authority and it’s solution

Amit — Sun, 19 Dec 2010 09:22:50 +0000

Some Israeli parliament members in the Constitution, law and justice committee of the Knesset, were informed, a few months ago, that the IPA stopped publishing the patent information on paper (in the official gazette) and started publishing the information in it's internet website, but continue to collect the publication fees as before.

This information led to a 6,000,000 NIS class action.

The Ministry of Justice has announced that the fees will be refunded. The refund is estimated to be around 3,000,000 NIS.

Trademark | TEST YOURSELVES: is the mark “Easylabour” can be registered in Israel?

Amit — Sun, 19 Dec 2010 09:21:05 +0000

An Israeli medical device company filed a trademark application for "esaylabour" and was rejected for being descriptive.

The applicant argued in vein that that labour generally means work and that the mark is distinct since they could not find any "esaylabour" in the US and EU and that they branded and advertised the mark.

The applicant hence appealed to the commissioner and argued that similar marks were allowed before by the Israeli Patent Authority, the applicant also argued that the product(s) are used also for general pain relief.

The commissioner dismissed those arguments showing the differences between the applicant's trademark and the applicant's examples of previously allowed trademarks and by stating that the applicant had estopelled himself during the prosecution.

The applicant was not represented during the prosecution and appeal.

Design Patent | Spare parts protection – Israel moves closer to the EU courts policy

Amit — Sun, 19 Dec 2010 09:20:15 +0000

An Israeli company filed an application for the novel design of a power plug and connector. The product involves three different elements that are fitted without the use of tools.

The application was filed using a 3d illustration of the different elements separately.

In two office actions, the design examiner rejected the application stating that there are 2 different designs (the combined unit and one of the elements) in the application and due to technical problems with the illustration provided.

Applicant argued that the elements are in fact complimentary and cannot be considered alone and that they are sold together as a kit.

Unsuccessful in the attempt to convince the examiner, the applicant had a phone interview with the head of design patents department in which they agreed to divide the application into 3 applications, one for each of the elements.

However, a final rejection was issued.

The applicant at that point changed his argument and stated that the parts are now sold separately and should be considered a "set" design patent.

The commissioner allowed the registration of the original application since there is an ornamental novelty of the combined/assembled product, also stated that although the application include all the elements of the design, those who are functional as well as those which are internal, those are unenforceable and hence irrelevant.

The divisional applications were refused for being functional replacement parts.

This ruling takes the Israeli Design Patent prosecution closer to the European system, which reflects the current Commissioner's agenda.

Israel Goes “GREEN”

Amit — Fri, 06 Aug 2010 14:54:10 +0000

The Israeli Patent Authority announced a new fast track for examining "green" technologies patents applications.

There's no accurate definition for what is a "green" technologies application, however the application must help to preserve/improve the quality of the environment, to mitigate global warming factors, to reduce air or water pollution, to promote non-polluting agriculture, to save energy, to facilitate recycling, to enhance resource management, etc.

The Israeli Patent Authority offers the following incentive – if the applicant convinces the examiner that his application is a "green" application, the Israeli Patent Authority will examine the application out of queue and hence, the application should be examined within 3 months from the day the application has been marked as a "green" application. If the examiner denies the request, one can file an appeal.

The request by the applicant can be made on or after the filing and the procedure is open to any kind of application (basic, PCT national phase etc).

By doing so the Israeli Patent Authority joins the other patent authorities around the world providing fast track to "green" technology patent application – USA, UK, Australia, Japan and South Korea.

Trademark Competing Marks Procedure Decision: DUREX PLAY v. LIFESTYLE PLAY

Amit — Fri, 06 Aug 2010 14:36:28 +0000

According to Israeli law when two applicants file identical or similar trademark applications the Israeli Patent Authority initiates a competing marks procedure according to article 29 of the law and the examiners will not examine the applications. The usual outcome of such procedure is a decision by the administrative judge, in this particular case, Mr. Noah Shalev Shlomovitz (Deputy Commissioner), as to which of the marks will continue to examination – however this was NOT the outcome in this case.

LRC Products Ltd. (Durex) and Ansell Limited (LifeStyle) filed 3 trademark applications that were involved in this case: "DUREX PLAY" and "PLAY" applications were filed by Durex on Sep 2004 and "Lifestyles Play" (Device mark) filed by LifeStyle on Feb 2005.

Usually three basic grounds are to be examined in order to decided which applicant/application continues to examination:

Date of application;
Actual usage of the mark until actual decision; and
Equitable behavior of the parties.

Durex's arguments indeed revolved around those three grounds, while LifeStyles' arguments regard the generic nature of the word "PLAY" in this context (Class 10 "Condoms; contraceptive, hygienic or prophylactic devices; massage apparatus, instruments and appliances; electric and electronic message apparatus, instruments and appliances; body massagers; personal massagers; vibrators; marital aids; sex aids; parts and fittings for all the aforesaid goods").

The Deputy Commissioner, although he could have pointed out that such issues are to be decided in the examination itself, noted that the examiner will most likely decide to reject the word mark application "PLAY" and allow the "DUREX PLAY" application only, disclaiming the word "PLAY". Hence LifeStyles' application would be examined without DUREX's applications in the way.

The actual outcome is that both parties can continue usage of the word "PLAY" only in conjunction with their home marks "DUREX" and "LIFESTYLES".

The Deputy Commissioner cancelled the word mark application "PLAY", sent the other two applications to examination and awarded 15,000 NIS (about $3,950) to LifeStyles.

United States Patent	3,950,757
Blass	April 13, 1976

Inventors:	Blass; Judd (Herzliah Petuach, IL)
Assignee:	*Beam Systems Israel* Ltd. (Nof Yam, IL)
Appl. No.:	05/557,836
Filed:	March 12, 1975

United States Patent	4,028,704
Blass	June 7, 1977

INDICATOR	RANK/139
12.01 Capacity for innovation	7
12.02 Quality of scientific research institutions	1
12.03 Company spending on R&D	11
12.04 University-industry collaboration in R&D	14
12.05 Gov’t procurement of advanced tech products	20
12.06 Availability of scientists and engineers	17
12.07 Utility patents per million population	4