# PCT National Phase Entry in Israel -- Checklist

Use this checklist when entering the Israeli national phase from a PCT application. All steps must be completed by the 30-month deadline measured from the earliest priority date.

Reference: WIPO PCT Applicant's Guide, Israel Chapter
URL: pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=IL


## Step 1: Confirm Deadline

- [ ] Identify the earliest priority date claimed in the PCT application (this is usually the filing date of the first national application for which priority is claimed, NOT the PCT international filing date).
- [ ] Calculate 30 months from that earliest priority date. This is the absolute national phase entry deadline for Israel.
- [ ] Confirm the deadline in writing before proceeding. If the deadline appears to have passed, check Rule 49.6 reinstatement options immediately (see Troubleshooting in SKILL.md).

**Warning**: Agents sometimes calculate from the PCT international filing date instead of the priority date. Double-check by comparing the PCT application's front page "Priority Data" field against the "International Filing Date" field.


## Step 2: Verify Applicant Eligibility for 40% Fee Reduction

- [ ] Is the applicant something other than a company or partnership (for example an individual inventor)? If yes, the reduction applies.
- [ ] If the applicant is a company or partnership: obtain the financial statements for the preceding year and confirm turnover did not exceed NIS 10 million.
- [ ] Is the applicant an institution recognised under section 9 of the Council for Higher Education Law, 5718-1958 (an Israeli university), or a technology transfer company wholly owned by such an institution and engaged in managing IP from its inventions? If yes, the reduction applies.
- [ ] **Confirm this is a FIRST patent application for this particular invention.** The reduction does not apply otherwise, including to divisionals.
- [ ] Prepare a signed declaration of eligibility for the reduced fee (in Hebrew or English).
- [ ] Note: the reduction covers only the national fee and the notice of acceptance fee. It does NOT cover the per-claim fee, the per-page fee, renewal fees, WIPO international fees, or ISA search fees.


## Step 3: Translation Requirements

- [ ] Identify the language of the PCT application as published.
- [ ] If the PCT application was published in Hebrew or English: no translation needed for the specification. Proceed to Step 4.
- [ ] If published in any other language: prepare a verified English translation (Patents Law s.48D(b)(2); extendable by up to 3 months under s.48D(c)) of:
  - Description
  - Claims (all claims, as amended if applicable)
  - Abstract
  - Drawings with text elements translated
- [ ] Translation must be filed simultaneously with or before the national phase entry request.
- [ ] Identify whether claim amendments were filed under Article 19 (before WIPO) or Article 34 (during IPEA proceedings). If yes, the amended claims must be the basis for national phase prosecution in Israel (or the applicant may elect to proceed on original claims -- confirm with Israeli counsel).


## Step 4: Appoint Israeli Address for Service

- [ ] Does the applicant have a registered place of business or permanent residence in Israel? If yes, no appointment needed.
- [ ] If not: appoint a registered Israeli patent attorney or agent as address for service.
- [ ] Obtain a signed Power of Attorney if required by the appointed agent.
- [ ] Confirm the agent is registered with ILPO (check ILPO's registered agent list on the official portal).


## Step 5: Prepare the National Phase Entry Documents

- [ ] **Form PCT/IL/01** (or equivalent national phase entry request form): complete with applicant details, inventor details, title, and PCT application number.
- [ ] **Translated specification** (if required per Step 3).
- [ ] **Fee payment**: calculate total fees due and prepare payment in NIS. The national fee is NIS 2,402 (examination included), reduced to NIS 1,441 for a qualifying applicant on a first application. Then add, at full rate with no reduction:
  - [ ] NIS 616 for each claim from the 51st claim onward
  - [ ] NIS 300 for each 50 pages from page 101 onward (genetic sequences are not counted). PCT specifications routinely exceed 100 pages, so check the page count before quoting a total.
- [ ] **Fee reduction declaration** (if applicable, from Step 2).
- [ ] **Power of Attorney** (if required by appointed agent).
- [ ] **Priority documents**: if the priority document was not already submitted to WIPO or via DAS during the international phase, prepare a certified copy from the priority office.
- [ ] **Sequence listing** (biotech/pharma only): if the PCT application contains a sequence listing, confirm ILPO format requirements.


## Step 6: File the National Phase Entry

- [ ] Submit all documents to ILPO by the deadline. ILPO accepts online filing, mail, and in-person filing.
- [ ] Obtain a filing receipt with the Israeli national application number and filing date confirmation.
- [ ] Confirm fee payment receipt.
- [ ] Retain copies of all submitted documents.


## Step 7: Post-Filing Actions

- [ ] Docket the national application number and monitor ILPO correspondence (sent to the Israeli address for service).
- [ ] Examination is queued automatically. There is no EPO-style request-for-examination filing, but watch for the **Section 18 Notice prior to Examination**, which ILPO issues before substantive examination. The response deadline is printed on the notice and is extendable for a fee (NIS 240 per month or part thereof). The Section 18 notice is also the point to file a deferral request if the applicant wants to push examination later.
- [ ] Set up an IDS (Information Disclosure Statement) tracking system. Under Section 18 of the Israeli Patents Law, you must continue to disclose material prior art throughout prosecution up to the Notice of Acceptance. Monitor counterpart applications (especially US and EP) for new Office Actions and cited art.
- [ ] Note the 3-month opposition period, which runs from the online publication of the acceptance under section 26 (Patents Law s.30), not from the date the notice reached the applicant.


## Reinstatement Option (If Deadline Missed)

If the 30-month deadline was missed, Israel allows reinstatement under PCT Rule 49.6 on the "due care" criterion:

- [ ] File a reinstatement petition with ILPO as soon as possible after discovering the missed deadline.
- [ ] The petition must show that the failure occurred in spite of due care required by the circumstances.
- [ ] File the complete national phase entry package along with the reinstatement petition.
- [ ] Pay the reinstatement fee (240 ILS per the WIPO PCT Applicant's Guide, Israel chapter, version applicable from 1 August 2026; the test is "due care").
- [ ] Reinstatement is at ILPO's discretion and is not guaranteed. It is far preferable to meet the original deadline.


## Key Reference URLs

| Resource | URL |
|---|---|
| ILPO Official Portal | https://www.gov.il/en/departments/ilpo |
| WIPO PCT Guide for Israel | pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=IL |
| ePCT Online Filing | pct.wipo.int |
| WIPO PatentScope (PCT search) | patentscope.wipo.int |
| Bank of Israel Exchange Rates | https://www.boi.org.il/en/economic-roles/financial-markets/exchange-rates/ |
| ILPO Patent Search Database | israelpatents.justice.gov.il |