Patent Term Extension

The patent term extension (PTE) legal regime in Israel is complex. The PTE provisions, as part of the Israeli Patent Law of 1976, were amended several times in the last decade. In consequence of which, PTE provisions lack clarity and create, at times, ambiguity in the field. The PTE provisions are implemented by the PTE Regulations which were amended recently, in 2017.

Israeli PTE orders are only available for pharmaceuticals which contain an active ingredient that was registered for the first time in the Israeli Pharmaceutical Registry. Israeli PTE orders are also available for medical devices if all applicable conditions are met.

One of the main complexities of the Israeli PTE regime is that issuance of an Israeli PTE order is influenced, inter alia, by a drug’s marketing approval and the issuance of corresponding PTE and/or SPCs outside of Israel – namely, in the US and five European countries (Italy, Germany, the United Kingdom, Spain and France). In particular, if a marketing approval was issued for a drug in the US and/or one of the European countries, an Israeli PTE order will be issued only if a corresponding US PTE and/or SPC was issued as well. Furthermore, the duration of the Israeli PTE order is calculated on the basis of the corresponding PTE and SPCs and the expiry of the order is also influenced by the status of these foreign term extensions.

Gilat, Bareket & Co. has extensive, in depth understanding and vast experience in all aspects of PTEs, including legal advice, litigation and representation before various judicial bodies. Gilat, Bareket & Co. has also accompanied the innovative industry in several legislative proceedings relating to PTE provisions and regulations.

In addition, the close cooperation with the patent attorneys of Reinhold Cohn & Partners in prosecuting PTE applications creates a unique and effective platform for offering top quality services to each and every client.