PPH In Israel Based On Two Applications

Sometimes we receive inquiries regarding the admissibility of requesting examination under the Patent Prosecution Highway ("PPH") based on the claim sets of two corresponding applications in a single Israel patent application.

In Israel one can file a single application based on the claim sets of two corresponding foreign applications. Once the foreign applications have been allowed, the applicant can then request accelerated examination under the PPH based on both allowed applications provided that examination of the Israel application has not begun.

It should be noted however, that examination under the PPH only speeds up the examination process, it does not overcome issues of novelty (Section 4 of the Israel Patent Law), inventive step (Section 5 of the Israel Patent Law), or unity of invention (Section 8 of the Israel Patent Law).