LEGAL UPDATES
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A more favourable approach to patient population claims by the ILPTO
The ILPTO has signalled a significant shift in how patient population claims will be examined – making such claims easier to obtain and defend. The new draft examination guidelines lower the novelty threshold of patient population claims and focuses instead on the inventive step of such claims. According to the draft guidelines, novelty of patient…
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Israel Chapter in ICLG Copyright Laws 2026
The Israel Chapter in the International Comparative Legal Guide on Copyright is now live. The chapter authored by Liad Whatstein & Co. can be reviewed on the ICLG or directly on our website. It provides up-to-date information on copyright litigation in Israel and covers important recent developments. We hope you will find it useful.
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Legal 500 Patent Litigation Comparative Guide 2025
The Israel Chapter of Legal 500: Patent Litigation Comparative Guide 2025 is now live. The chapter authored by Liad Whatstein & Co. can be reviewed on the Legal 500 website or directly on our website. It provides up-to-date information on patent litigation in Israel and covers important recent developments. We hope you will find it useful.
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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…