Cyber and Defense Tech Patents in Israel: Strategic Insights for Innovators

Israel is a global leader in cybersecurity and defense technology, and home to advanced research institutes and companies such as IAI, Elbit Systems, Rafael, the Ministry of Defense Directorate of Defense Research & Development (Mafat), etc. Innovations in this sector often integrate software, hardware, and dual use capabilities, making robust patent protection not merely a legal formality, but also a strategic asset.
Beyond legal protection, patents covering cyber and defense technologies help companies differentiate themselves in a crowded landscape of “next-gen” solutions, boost investor confidence by signaling technical maturity, provide defensive leverage against copycats or talent leakage, and enhance credibility with government and enterprise buyers, particularly in sensitive sectors. Well drafted patents are therefore as much a market signal as a protective tool, essential in Israel’s highly competitive innovation ecosystem.

Legal Aspects of Defense Tech Filing
Navigating Israeli patent law requires close attention to national security provisions and export control rules. Under Section 94 of the Patents Law, the Minister of Defense (MOD) may instruct the Patent Registrar to delay action on, and/or restrict publication of, a particular application for national security reasons. Section 95 allows the Registrar to transmit certain applications to the Minister, who must decide within four months regarding delay and/or publication restriction. During that period, the Registrar may not act on the application beyond acknowledging its filing. Section 98 restricts filing abroad for inventions in the field of weaponry/ammunition, those of military value, or those handled under Section 95, by Israeli nationals, residents, or persons owing allegiance to the State, unless prior written permission is obtained from the Minister of Defense, or the applicant first files in Israel and six months pass without a Section 94 order(or such order lapses).

Filing Strategies for Israeli Innovators
For Israeli innovators, filing strategy is critical. Filing first in Israel is a practical way to manage Section 98 risks for potentially sensitive inventions and to surface any secrecy concerns early under Sections 94–95, thereby reducing the risk of conflicts with secrecy orders. Once priority is secured, protection of the invention can be extended internationally via the PCT and/or foreign national filings, thereby preserving flexibility, while staying compliant with Israeli procedures.

Patent Eligibility: Going Beyond Abstract Ideas
Strong cyber and defense tech patent applications should go beyond abstract ideas and detail the technical architecture and system behavior under real world conditions. In line with Israeli practice (and comparable to EPO/USPTO approaches), computer implemented inventions are more persuasive when they show a concrete technological solution, demonstrating measurable improvements in system performance, security, or resilience.
Including elements such as network diagrams, AI logic flows, threat response models, and alternative configurations in the application, can help prevent workarounds. For example, performance improvements, such as enhanced encryption throughput, reduced false positives, or increased system resilience, strengthen claims and demonstrate tangible technical contributions. And remember, a well-crafted patent tells a technical story, facilitating examiners’ understanding of the invention, thereby strengthening enforceability and providing broad protection across complex cyber and defense systems. Therefore, make sure to include layman’s language describing the gist of the invention.

Strategic Navigation for Global Leadership
By understanding Israeli patent law, aligning with national security and export control requirements, and adopting a thoughtful filing strategy, innovators can secure their technologies, while supporting Israel’s continued global leadership in cyber and defense innovation.
At FIPG, we help companies navigate this complex landscape, turning advanced ideas into protected, enforceable, intellectual property that creates value, strengthens credibility, and supports strategic growth.