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 […]
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, […]
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 […]
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 […]