What is a Patent?.
A patent is the exclusive right granted to an owner of an invention, which according to the law is eligible to be registered as a patent, to use this invention. The owner of the patent is entitled to prevent all third parties from exploiting the invention without his permission.
An invention that is eligible to be a registered as a patent is an invention of a product or a process in any technological field, that is new and useful and contains in it an inventive progress, and it can be used in industry. One can submit a patent application on products or processes in various technological fields such as: machines, production products, processes, methods, improvements of the above, and etc.
Scientific discoveries, a process to medically treat the human body, or new species of plants or animals (except for micro-biological organisms that do not derive from the nature) cannot be the subject of a patent. In addition, if the innovation of the product is itsaesthetic design, then it is not an invention. In such cases it is possible to register the product as a design.
In order that the invention will be eligible to be a patent, it needs to be new on the date the application for the patent is submitted. An invention is deemed new if it has not been publicized in Israel or abroad prior to the submission of the application. Usually, any form of publication, whether it is done anywhere in the world in writing, in a display or via public use, shall prevent the owner of the invention from being granted a valid patent.
In addition to the demand for innovation, the invention also needs to embody an inventive progress, meaning a progress that is not deemed obvious to a professional basedon the information that has already been published.
Subject to payment of the fees, the patent is valid for twenty years beginning from the day the application for the patent has been submitted.
A patent is a territorial right, meaning that a patent that is granted in Israel is only valid in Israel.
In most cases, the inventor is the owner of the invention. However, the inventor can transfer his rights in the invention to another person or another legal entity. In addition, the patent laws recognize the ownership an employer has over the inventions of his employees (” a service invention”).
A patent is a very valuable asset, and it serves as a first class marketing, commercial and deterrent instrument. It allows its owner to grant licenses to use the patent, to trade in it, to sell it, or to commercialize it in other ways.
Our law firm provides ongoing legal support in drafting, negotiations and representation in a variety of subjects. Examples for these types of agreements include:
- Founder’s agreement – Our law firm prepares legal documents such as: founders’agreements, and the processes of setting up a company, articles of association, partnership agreements, investment agreements, and confidentiality and non-competition agreements.
- Diversified commercial agreements – Our law firm handles the negotiation and the drafting of diversified agreements such as: employment agreements, business contracts and franchise agreements.
- Litigation – Our law firm represents and appears in lawsuits before the different courts, including in fiscal lawsuits and conflicts between shareholders.
- Preparing legal opinions in different subjects.
Legally Supporting Entrepreneurs and Start-Up Companies
Israel is well known as the center of entrepreneurship and creativity, and it has been proven to be the global center of ground breaking technological developments. In recent years, in addition to the traditional fields of the hi-tech industry, we are beginning to see
developments in content as well. The trend of combining content and technology is increasing, and differentinvestors, including angels and VC’s invest frequently heavily in the different ventures of this field.
Our law firm has a diversified experience in handling negotiations in a variety of subjectsthat pertain to the representation of entrepreneurs, start-up companies and investors. Adv.Brook is the co-founder of the company Scentcom, a start-up company developing digitalscent technology. Adv. Brook also has vast entrepreneurial experience in establishing ventures, ranging from the idea phase, up to fund raising, negotiations and a profound knowledge about the hi-tech industry and the venture capital industry. The company Scentcom was chosen by Microsoft as one of the 20 most promising companies in Israel (2010).
Our law firm provides ongoing legal support to businesses, companies and partnerships, which includes:
- Establishing startup companies – preparing founders’ agreement and the processof setting up the company, drafting articles of association, partnership agreements, and confidentiality and non-competition agreements.
- Diversified commercial agreements – handling the negotiation and the drafting of diversified agreements such as employment agreements, business contracts andfranchise agreements.
- Agreements for transfer of ownership andgranting IP licenses – copyrights, trademarks, designs and patents.
- Investment agreements and linkages to the investors – linking to various sources of investment and income, incuding high net worth individuals and private investors (angels), venture capitals, technological greenhouses, government supports and assistance from the office of the chief scientist.