IL PTE Update: Revocation of Foreign PTE/SPC Can Terminate Israeli PTE Before It Enters into Force
In a recent judgment, the Tel Aviv District Court affirmed that an Israeli Patent Term Extension (PTE) expires upon revocation of a PTE/SPC for a reference patent in a Recognized Country, even if the Israeli PTE order has not yet entered into force. Under the Israeli PTE regime, eligibility for a PTE is subject to […]
In a recent decision, the ILPTO reaffirmed its practice with respect to the filing of multiple PTE applications based on the same drug product. Multiple applications are admissible, but they will be examined concurrently and following examination, a single PTE application must be elected. A notice of intention to grant in respect of the elected […]
In a recent judgment, the Jerusalem District Court affirmed the decision of the Deputy Commissioner of Patents that the revocation of an SPC for a reference patent in any Recognized European Country automatically invalidates the corresponding PTE order in Israel, even if SPCs for reference patents in other Recognized European Countries remain in force. Under […]
New ILPTO Commissioner further clarifies the patentability thresholds of polymorphs
In a recent opposition decision, the ILPTO rejected GSK’s patent applications directed to a specific crystalline form of the JAK inhibitor momelotinib dihydrochloride. The decision is particularly interesting because it is the first substantive decision of the recently appointed Commissioner on patentability of polymorphs and further clarifies the standards applied by the ILPTO. The Commissioner […]
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 […]
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.
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, […]
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 […]
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 […]
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 […]