Contact us
Have a question? Please fill out the form below and we will get back to you shortly

    Q:What is Patent Term Extension?
    A:

    Patents are in force 20 years from the date of the first filing of the patent application. However, the duration of patents related to pharmaceutical products or medical devices can be extended provided that various conditions, which are prescribed in the Israeli Patent Act, are met. 

     

    The Israeli Patent Term Extension (PTE) system is provided as a means of compensating a patent owner for patent term that was lost due to the need to obtain approval of a product by the regulatory authorities in Israel. 

    Q:How is Patent Term Extension different in Israel?
    A:

    The manner in which the duration / expiry date of PTEs in Israel is calculated is rather unique in light of its dependence on data pertaining to 6 other countries (the “Recognized Countries”). The 6 Recognized Countries, on the basis of which the duration / expiry date of Israeli PTEs is calculated, are the U.S., Italy, U.K., Germany, Spain and France.

    Q:How many years of additional protection can I hope for through a successful PTE process?
    A:

    The term of effect of an extension order shall not exceed five years beyond the normal patent term of twenty years from patent filing. 

    Q:For which industries is PTE relevant?
    A:

    Patent term extensions are available in Israel for certain pharmaceutical patents and for certain patents relating to medical devices.

    Q:What influences the issuance of an Israeli PTE order?
    A:

    Only the first registration of a medical preparation, which enables the use of its active ingredient in Israel for medical purposes for the first time, can give rise to a patent term extension opportunity in Israel. 

    Q:What is the allowable period for filing an application for Patent Term Extension?
    A:

    A PTE application should be filed in Israel no later than 90 days from the date of registration of the medical preparation in the Israeli Drug Registry. The due date for filing PTE applications in Israel is non-extendable.

    Relevant Articles

    INTELLECTUAL PROPERTY LANDSCAPE IN ISRAEL 2023: UNVEILING DEVELOPMENTS AND CHALLENGES
    In 2023, the intellectual property landscape in Israel had to deal with challenges created by the ongoing conflict. Despite these obstacles, interesting developments emerged, particularly in artificial intelligence and security, shaping a compelling trajectory for the year. Overall, it was an exceptionally intriguing year.
    Read more....
    The Luzzatto Group Wins a Landmark Ruling
    Regarding Patent Term Extensions in Israel
    On March 27, 2024, the Israeli District Court in Jerusalem rendered a significant ruling in a Novartis case concerning Patent Term Extensions (PTEs), which has broad implications for pharmaceutical patent owners. The court accepted an appeal against a decision of the Registrar of Patents to revoke a PTE, which establishes the principle that PTEs in Israel are linked to the active ingredient and not to the first pharmaceutical preparation used to file the PTE application.
    Read more....
    How Was 2022 for Israel in Intellectual Property? – THE US-ISRAEL LEGAL REVIEW 2022
    The past two years have brought many COVID-19-related challenges in almost every aspect, but as far as IP in Israel is concerned, it also created opportunities.
    Read more....

    This website uses cookies to enhance your visit and provide you with information tailored to your interests. For more information on our use of cookies, please see our Privacy Notice.

    Disagree