Israel is open to patents in almost every field of technology. Under the Israel Patents Law 5727-1967, a product or a process can be patented if it is new, useful, industrially applicable and involves an inventive step. A short list of things is excluded, such as medical treatment methods, scientific discoveries and business methods on their own. Software sits in the middle: it can be patented in Israel when it shows real technological character, and it cannot when it only automates something people already do by hand.
This guide walks through the rules in plain English. It is written for founders, inventors and companies deciding whether an invention is worth filing in Israel. At Menora Law, we work with overseas clients on Israeli law every day, so we kept the focus on what matters when you are making that call from abroad.
TL;DR
- Israeli law lets you patent a product or a process in any field of technology, as long as it is new, useful, industrially applicable and inventive.
- Excluded: methods of therapeutic treatment of the human body, new plant or animal varieties, discoveries, scientific theories, mathematical formulas, game rules, mental acts and business methods on their own.
- Software is patentable in Israel when the claim shows a technical effect, such as making the computer work in a new way. Digitizing a manual process is not enough.
- Subject matter is the first gate. Novelty and inventive step are examined afterward, so draft the claim around the technical problem you solve.
- Software code itself can also be protected by copyright and trade secret law, which can run alongside a patent.
The basic rule: Section 3 of the Patents Law
The starting point is Section 3 of the Israel Patents Law. It says an invention, whether a product or a process, in any field of technology, which is new, useful, can be used industrially and involves an inventive step, is a patentable invention.
Two things stand out in that wording.
First, the law does not list the allowed fields. It says “any field of technology.” So you do not need to fit your invention into a fixed category like “machine” or “composition.” What matters is whether it is technological and meets the four tests.
Second, the phrase “field of technology” is where most subject matter disputes happen. If a claim is really about economics, a mental process or an abstract rule, the Israel Patent Office treats it as outside technology, even if the idea is clever.
The four requirements at a glance
| Requirement | What it means in practice | Where it comes from |
|---|---|---|
| Field of technology | The invention is technical, not purely abstract, economic or mental | Section 3 |
| Novelty | Not published in Israel or abroad before the filing date in a way that lets a skilled person make it | Section 4 |
| Inventive step | Not obvious to an average skilled person in light of what was already published | Section 5 |
| Industrial applicability | It can be used in industry | Section 3 |
A “skilled person” is the law’s stand-in for an average practitioner in the technical field. They are not a genius and not a layperson. Both novelty and inventive step are judged through their eyes.
What Israel does not allow you to patent
The law and the Israel Patent Office’s examination practice carve out several areas. Knowing them early can save you filing fees and months of delay.
Medical treatment methods and new plant or animal varieties
Section 7 of the Patents Law excludes methods of therapeutic treatment of the human body, and new varieties of plants or animals. There is an exception for microbiological organisms that are not derived from nature.
This matters for biotech and medtech teams. A claim written as “a method of treating disease X by administering compound Y” runs into the exclusion. Claims to the compound, the device or the composition are a different matter and are examined on the ordinary tests. How a claim is framed can decide whether it gets through, so this is a drafting question and not only a legal one.
Discoveries, theories, formulas, game rules and mental acts
The Israel Patent Office’s own submission to WIPO explains that a discovery, a scientific theory, a mathematical formula, rules for playing games and mental acts are treated as abstract ideas or non-technical processes. They are not patentable subject matter under Section 3.
The practical meaning: finding that a natural relationship exists is not an invention. Building something that uses it to solve a technical problem can be.
Business methods on their own
The same submission records that, following the Registrar’s decision in Patent Application No. 131733, business methods per se belong to the field of economics, not technology, and are therefore not patentable subject matter in Israel.
The key words are “per se.” A new way of structuring a financial product, a loyalty program or a pricing model is not patentable just because it is new. If the business idea is carried out by a technical system that solves a technical problem, the claim should focus on that system.
Software patents in Israel
This is the question most founders and R&D teams ask. Can you patent software in Israel?
Yes, with a condition. Israeli law has no ban on software as such. The Israel Patent Office instead asks whether the claimed invention has a concrete technological character. Its examination guidelines, Appendix B, set out how to judge that.
The two main questions
According to a summary of the guidelines, two guidelines help identify patentable software-implemented inventions:
- Does carrying out the invention have an expression or modification in physical features, beyond the regular operation of an integrated computer system?
- Does carrying out the invention make the computer operate in a new manner? That includes better performance such as speed, reliability or use of storage, or new interoperability between components that did not exist before.
The same summary notes that simply encoding a manual process in software does not make it patentable. But if the computerized version is substantially different from doing it by hand, so that it could not practically be done efficiently manually, that points to technological character.
What this looks like in real claims
Here are three illustrative scenarios. They are our own simplified examples, not Patent Office decisions.
- A scheduling app that mirrors a paper calendar. The software just does what a person does with a diary, only on a screen. This is the kind of claim that tends to be rejected as non-technical.
- A compression method that lets a device store the same data in less memory. The computer itself works better. This fits the guideline about making the computer operate in a new manner.
- A control program that reads sensor data and adjusts a physical machine in real time. There is a physical effect beyond ordinary computing. This points toward eligibility.
The lesson is the same each time. Describe what the technical problem is, how the software solves it, and what changes in the machine or system as a result.
Software patents and the Israeli startup scene
Israel has a dense cluster of cybersecurity, AI, fintech and enterprise software companies. Many of their best ideas sit exactly on this line between technical and business-method claims. We often see the strongest filings come from founders who can tell us the engineering story: what was slow, unreliable or impossible before, and what their approach changes.
If you are an overseas company with an Israeli R&D team, the technical description your engineers already write for internal purposes is usually the best raw material for a patent specification. Clear subject matter strategy starts there.
Subject matter is the first gate, not the only one
It helps to think of patent eligibility as a threshold. The WIPO Patent Drafting Manual describes subject matter as a gatekeeper: there is no point assessing novelty or inventive step for something that does not qualify.
In Israel, these questions are related but distinct:
- Subject matter: Is this a technological invention at all?
- Novelty: Has it been disclosed anywhere in the world in a way that lets a skilled person make it?
- Inventive step: Would it be obvious to an average skilled person?
On the third point, the Israeli Supreme Court in Hughes Aircraft Company v. The State of Israel (CA 345/87, 1990) said the inventive step requirement is broader than novelty. It is not enough that nobody has disclosed the invention. It must make a significant contribution to the technical field, though the step need not be large.
This ordering has a practical effect on strategy. A claim can pass the subject matter gate and still fail on inventive step. And a brilliant idea can fail at the first gate if the claim is drafted as an abstract rule.
Drafting tips that help an Israeli filing
These are practical habits that improve how a claim reads against the Israeli tests.
Lead with the technical problem
State the technical problem in the description and tie each claim feature to solving it. Avoid describing the invention mainly by its business benefit, such as higher sales or lower costs.
Claim the system, not the idea
If the core of your invention is an algorithm, claim how it operates within a system: the inputs it receives, the processing that changes the machine’s behavior, and the output. Pure formulas and mental steps sit in the excluded zone.
Separate treatment from product
For life sciences, think about claiming the composition, device, diagnostic apparatus or manufacturing process, not just the method of treating a patient. Because Section 7 excludes therapeutic treatment methods, claim strategy can change the outcome.
Do not publish first
Novelty in Israel is measured against publications and public uses anywhere in the world before your application date. A conference talk, a public demo or a launch announcement can destroy novelty. File first, then present. If you want the option of filing in several countries, speak with counsel before any disclosure.
Use a provisional application when timing is tight
A provisional filing lets you lock in an early date while you keep developing the invention. Whether it fits your situation depends on your timeline and your plans abroad, so it is worth discussing before you decide.
What if your software is not patentable?
Some software value will never fit a patent claim. That does not leave it unprotected in Israel. Different tools cover different layers:
- Copyright protects the code as an expressed work. Our guide to software copyright for founders explains how it works, and the overview of Israeli copyright law basics covers the general rules.
- Trade secrets can protect algorithms, training data and processes you keep confidential. See trade secret protection in Israel for the four conditions overseas owners need to meet.
- Contracts govern how others may use your product. If you license software into Israel, our piece on software licensing fixes for foreign firms shows what to adjust.
Most serious software companies combine these layers. A patent covers the technical inventive core, copyright covers the code, and trade secret and contract terms cover the rest.
Checking what has changed recently
Examination guidelines and practice at the Israel Patent Office can be updated, and AI-related inventions are drawing particular attention. Before you file, confirm the current guidelines and any recent decisions on the Israel Patent Office website, and have local counsel review how they apply to your claims. The statutory test in Section 3 is the stable foundation. Practice on software and AI claims is where the details move.
How we help international clients with Israeli patents
If you want to patent an invention in Israel, we can design and file patents in Israel for you, and apply for provisional patents when an early filing date is the priority. We also handle trademark registration, copyright and wider intellectual property work for companies that are building in Israel. Our clients often sit overseas, so we offer remote representation and on-site consultations abroad, which means you do not have to travel to Israel to get it done.
If your company is also setting up Israeli operations, our guide to entering the Israeli market covers tax residency and VAT points to plan for, and our overview of Israeli technology law for global clients shows how the pieces fit together.
To discuss whether your invention clears the Israeli subject matter test, メノーラ法律事務所.
Our perspective
Most patent problems we see in Israel start before anyone files. An inventor describes the product in business terms, because that is how they pitch it, and the draft inherits that language. Then the claim reads like a business method, and the subject matter question becomes harder than it needed to be.
We think the better approach is to treat eligibility as a drafting decision. Sit down with the engineers, find the technical problem, and write the claims around what changes in the system. That is not a trick. It is simply describing the invention the way Israeli examiners are asked to read it.
For overseas clients, speed and clear communication matter as much as the law. You should know early whether an invention is a good filing candidate, what the realistic scope is, and how patents, copyright and trade secrets can work together. That is the kind of strategic, Israel-focused advice we aim to give, remotely or on-site wherever you are.
メノラ法
よくある質問
Can software be patented in Israel?
Yes, when the claimed invention has technological character. The Israel Patent Office’s guidelines look at whether the invention produces an effect beyond the normal operation of a computer, or makes the computer work in a new way. Simply putting a manual process on a computer does not qualify.
Are business methods patentable in Israel?
Not on their own. The Israel Patent Office treats business methods per se as part of economics rather than technology. A technical system that implements the method may be patentable if it solves a technical problem.
Can I patent a method of medical treatment in Israel?
No. Section 7 of the Patents Law excludes methods of therapeutic treatment of the human body. Compositions, devices and other product claims are examined on the regular tests, so how the invention is claimed matters a great deal.
Does an invention need to be novel anywhere in the world?
Yes. Under Section 4, an earlier publication in Israel or abroad that lets a skilled person make the invention can defeat novelty. That is why filing before any public disclosure is so important.
Do I need a lawyer in Israel to file a patent?
It is strongly advisable. Claim drafting, the choice between a provisional and a full application, and the handling of examination all depend on Israeli law and practice. We can work with you remotely, so living abroad is not an obstacle.
Sources
- Israel Patents Law 5727-1967 (WIPO Lex)
- Israel Patent Office submission on exceptions and limitations (WIPO)
- Israel comments on the person skilled in the art (WIPO)
- WIPO Patent Drafting Manual, Second Edition
- Israel’s Guidelines for Examining Software Patents (National Law Review)
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