ILPTO Update: ILPTO Recognizes Strawman Oppositions

In a precedential decision, the ILPTO recently recognized for the first time the admissibility of strawman oppositions.

Under Israeli law, any person can oppose a patent application prior to its grant. There are no limitations on the standing to oppose and the opponent does not need to establish any particular interest in the proceedings. Strawman practice has nevertheless been extremely rare at the ILPTO. Antiquated ILPTO case law was construed by some as banning proceedings by opponents acting on behalf of unidentified parties and the ILPTO has never considered whether the EPO strawman practice can be invoked in Israel.

In a recent decision, the ILPTO rejected a petition of a patent applicant to order an opponent it characterized as ‘strawman opponent’ to disclose the identity of the “true opponent”. The ILPTO held that the Patents Act permits “any person” to file an opposition and there is no justification to narrow the unlimited standing to file oppositions as granted under the Act. The ILPTO also rejected the petition to order the disclosure of the “true opponent” holding that this may frustrate the objective of the legislation to encourage inter-partes review of patents validity. This decision de facto aligns the legal situation in Israel with the strawman practice at the EPO.

This update article is provided for general information only and is not in lieu of legal advice. Please contact us directly for any required advice on specific matters.