LEGAL UPDATES
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ILPTO updates: Markman-style hearings in ILPTO proceedings and other noteworthy changes
The ILPTO has just published for public comments a new Draft Circular concerning judicial proceedings before the Office. While much of the document deals with the usual formal and procedural minutiae, it also includes several significant substantive proposals. The most notable change is the proposed introduction of preliminary hearings in pre-grant oppositions and revocation proceedings,…
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Will IL case law align with the EPO approach to second medical indication patents?
A recent EPO Technical Board of Appeal decision highlights diverging approaches to the patentability of second medical indications, an issue now before the Israeli District Court. In its decision of September 15, 2025, the TBA upheld a patent claiming the use of cabazitaxel in combination with prednisone or prednisolone to treat prostate cancer in patients…
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Streamlined Registration of Medical Devices
The IL MOH recently published a draft amendment to the Medical Device Regulations aiming to streamline the registration process of medical devices and IVDs and reduce regulatory burden. The current process of registering medical devices in Israel does not sufficiently differentiate between various risk levels of medical devices. Accordingly, all devices must meet the same…
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A comparative study illustrates the ILPTO stringent homology requirements for biological sequences
A comparative review recently conducted by the ILPTO illustrates its stringent policy on permitted homology (sequence identity) thresholds for core biological sequences. In order to evaluate how it stands compared to the EPO and the USPTO, the ILPTO sampled applications examined since 2022 and compared homology percentages across corresponding ILPTO, EPO, and USPTO applications for…
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A new Bill to amend the Patents Act proposes significant revisions
A new Bill to Amend the Patents Act, 1967 includes several significant revisions relating to substantive and procedural aspects. Some of the most notable proposed revisions are the following: The extensive legislative revision seems to be inspired in part by EPO practice and we expect it will be further refined during the legislative process. We…
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New MOH guidelines to expedite approval of biosimilars and generics
Two recent MOH Guidelines which just entered into force provide for an expedited approval process of biosimilars and generic products and are intended to prioritize and significantly accelerate launch of biosimilars and generic products. The ‘Prioritized Approval Process’ Guidelines provide that if the marketing of a biosimilar/generic product is expected to generate significant cost savings,…
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TM Update: ILTMO reevaluates and expands the tests for determining likelihood of confusion
In a recent decision, the ILTMO reevaluated and expanded the tests for determining likelihood of confusion under Israeli law de facto aligning Israeli standards with US case law. The ILTMO granted an opposition by The International Olympic Committee against a stylized trademark application for OLIMP Sport Nutrition in class 5. The recently appointed Trademarks Commissioner…
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How many SPCs are required to satisfy the IL PTE eligibility requirement?
PTE grant and duration in Israel are subject to a series of linkages to PTE/SPCs granted in the US and in the five Recognized European Countries (UK, Germany, France, Italy, Spain). The key eligibility prerequisite is the Two-State rule. It provides that if a marketing approval was granted in the US, a prerequisite for IL…
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IL PTE Update: Revocation of a single SPC in the European Recognized Countries invalidates the IL PTE
In a recent decision, the ILPTO clarified the scope of the IL PTE ‘linkage principle’ and held that the revocation of an SPC for a reference patent in any of the European Recognized Countries automatically invalidates the corresponding PTE order in Israel, even if SPCs for reference patents in other European Recognized Countries remain in…
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The 2025 International Comparative Legal Guide for Copyright in Israel by Liad Whatstein & Co.
Our firm recently published the Israel chapter of the 2025 International Comparative Legal Guide for Copyright. The guide can be consulted on the ICLG website, or directly on our website.