In the recently published Registrar Circular No. M.N. 69, dated 24 December 2008 (the "Circular"), the Registrar clarifies the interpretation of "publication in Israel" for the purpose of the novelty requirement in designs.
In practice it appears that, although the language of the law requires "local novelty", following the publication of the Circular, the definition of "local" has now been expanded to also include dated publications available over the Internet.
Background:
According to Section 30 of the Patents and Designs Ordinance (the "Ordinance"), one of the eligibility requirements for designs is that it has "not been published in Israel" prior to the application date.
Until now, design applications were examined vis-à-vis design applications filed in Israel before their filing date.
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