Strategy of Invention Protecting in Israel Legal protection of the inventions, some of the most important objects of the intellectual industrial ownership, is very significant and is provided in the majority of countries. The exclusive right for the result of development (object of protection) arises only if it is protected by the patent (de jure protection), or if there is a "know how" element (de facto protection). In both cases, the competitor is not enabled to reproduce or to use that object without a prior permission from the owner.

The inventor chooses the strategy of protection (by the patent or without the patent) corresponding with his financial and other resources. In the majority of cases, the patent protects the intellectual industrial ownership more reliably.

The strategy of the patent protection can not be the same in all cases. To provide a legal protection of full value, it is necessary to choose the best of several options that are available at every step of elaboration of such a protection.

The author or the organization - owner of the invention - must define:

• WHAT is protected (an invention, an industrial prototype, a trade mark or, in several countries, a useful model);
• WHO will obtain a protection document;
• HOW it must be done.

Prior to the patent application, the following must be done:

• research of the object protected, including a patent research;
• definition of the object protected (method, appliance, matter) and an analysis of its patentability;
• definition of the purpose of protection (export , selling of license);
• definition of the purposefulness of the International patent pending and a choice of the list of countries (regions) for patenting;
• choice of the procedure of patenting (patenting in separate countries or in a group of countries).

During the compilation of the patent pending documents it is necessary to consider the requirements for expert investigations accepted in different countries and groups of countries ( investigation in the presence of the author, tests, a delayed research, etc.), because this influences considerably on the choice of the patenting strategy. You ought to take in consideration that the patent having effect in a separate country (for instance, in Israel) is not legal outside.

The regional patents can be also applied which have effect inside the borders of all countries of that region, corresponding with the regional treaties concerning the protection of the intellectual ownership. The European Union (18 countries of Western Europe), the Euro-Asian region (9 countries of CIS), the ARIPOpatent (9 English-speaking African countries) and the OAPIpatent (14 French speaking African countries) are examples of these regions.

You must have the information about the legislation of the countries you are going to apply in, including possible privileges and other peculiarities.

It is also necessary to consider the purposefulness of the International application in correspondence with the Patent Cooperation Treaty (PCT): through 98 countries may be included in a single application of this type.

Corresponding with the Paris Convention (the Stockholm version of 1967), any applicant from one of the countries - the members of that Convention - can present a patent application to any other country - the member of the Convention and to obtain a one-year privilege for the priority, i.e. any other applicant that would present an application in the same country does not obtain a patent.

Definition of the Applicant(s) - author(s) of the invention or the company - is of a prime importance. The owner of the patent (applicant(s) or company or another organization) receives (yields) all rights of ownership of the intellectual industrial ownership, with all consequences of that fact.

Any form of the mentioned patent support is to be paid in all countries having a patent legislative. Several taxes are also collected due to the current tariffs in every country.

In several countries (including USA, Great Britain, Israel) the applicant can apply for a patent himself, without any service from a patent advisor which is very costly. Another way of right protection exists for the author that can not pay for patenting but wants to introduce his invention to other specialists and investors. The inventor can deposit confidentially his materials for a "protection publication" to a reliable organization or another structure. It can be made at a patent advisor's, using an assistance of the Association of Scientists, Specialists and Inventors from the USSR/CIS that can confirm anywhere (including courts) the author's priority as related to the scientific public (priority as related to the State is confirmed only by the Patent Service of the corresponding country).