Motion to Revive an Abandoned Design Rejected

The Israeli Patent Office rejected on 3 February 2011 a motion to revive an abandoned design. The design serial No. 40394  registered to Ran Gorestien was abandoned March 2010 for failure to pay the renewal fees.

The motion to revive stated that the design owner did not intend to abandon the design and that due to an office error he failed to pay the renewal fees. The motion stated the Patent Office had the authority to amend the register to correct clerical errors.

The Intellectual Property Judge, Yaara Shoshani, held that the Israeli Patent, Designs and Trademarks Registrar had the authority to approve extensions of time subject to Rule 25 of the Designs Rules, 1925. Rule 25 specifically limits the Registrar to those dates stated in the Rules. The IP Judge further held that a motion to correct a clerical error is not the proper avenue when seeking to revive an abandoned design.

Finally, the IP Judge stated that in accordance with section 44 of the Patents & Designs Ordinance 1926 the amendment of the Register to revive an abandoned design is in the sole jurisdiction of the District Court. The motion was denied.