Leveraging decades of international patent experience, we lead our clients through intricate patents processes – transforming ideas into valuable, tangible business assets.

PATENT TERM EXTENSION

Leveraging decades of international patent
experience, we lead our clients through intricate patents processes – transforming ideas
into valuable, tangible business assets.

The process of patent term extension (PTE) in Israel is highly intricate. During the last 10 years, the Israeli Patent Law of 1976 has undergone multiple amendments, resulting in unclear and ambiguous PTE provisions.

The most recent amendment to the PTE regulations, which are used to implement the provisions, occurred in 2017. PTE orders in Israel pertain to two sectors: to pharmaceutical products containing an active ingredient upon its initial registration in the Israeli Pharmaceutical Registry, and to medical devices, under certain terms. The decision to issue a PTE order is dependent, among other things, on the approval to market the pharmaceutical product, as well as the existence of a corresponding PTE order in other countries, specifically in the US and the EU. This means that if a drug has been approved in the US or the EU, only if a PTE order has been issued as well in this jurisdiction, should the Israeli Patent Office issue a PTE order. In addition, the term of PTE orders issued in Israel and its conditions are based on the terms set out in the foreign PTEs.

Leveraging our proficiency in handling PTEs in Israel, our services include ongoing legal advice, applications drafting and examining, representation before all tribunals and courts in Israel, litigation, and other services. Working in collaboration within our group with Seligsohn Gabrieli & Co. provides additional legal support for our clients with a wide array of legal services in all aspects of intellectual property. Our joined capabilities work for the benefit of our clients in the pharmaceutical industry, that receive a legal solution which is tailored to their specific needs and requirements.

CONTACT

Dr. Ronnie Benshafrut

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