Publication of a Design over the Internet May constitute Prior Art

Volfman Industries Ltd. filed a motion for cancellation of a registered design in the name of Akerstein Industries Ltd. on the grounds of prior art according to section 36 of the Patents and Designs Ordinance. The application for registration of the design was made on July 25, 2004.

The Design Registrar accepted the motion and ruled that publication of the design on an internet website, which was open to the public in Israel, constituted Prior Art. The design was published on the Internet on April 15, 2004, therefore the Registrar ordered the cancellation of the design registration.

The Designs and Patents Registrar clarified, in the Registrar’s Directions No. 69 from December 24, 2008, that publication of a design on the Internet prior to an application for registration of such design is considered to be Prior Art and renders the design not eligible for registration. For that purpose, publication on websites of foreign design registration authorities such as OHIM, will constitute Prior Art.

Volfman Industries Ltd. v. Akerstein Industries Ltd. Motion for Cancellation of Design No. 39519 (12/12/2009).