# Patent Term Extension (Patents Law ss.64A-64Q)

Source: Patents Law 5727-1967, Chapter Four, Part B1, consolidated Hebrew text (https://he.wikisource.org/wiki/חוק_הפטנטים). Verify against Nevo before relying on it.

## Who may apply and when

- The basic-patent applicant, the patentee, or an exclusive licensee may apply (s.64C(a)).
- The application is filed, after paying the fee, no later than 90 days from registration of the medicinal product under the Pharmacists Ordinance (s.64O(a)). A defect notified by the Registrar must be cured within two months (s.64O(a1)); the Registrar may extend that period once (s.164(a2)).

## Conditions (s.64D)

- The product, process or use is claimed in a basic patent that is in force.
- For a medicinal product, the registration in Israel is the first registration permitting medical use of the substance in Israel.
- No earlier extension order was granted on the basic patent or for the substance.
- If marketing approval was granted in the United States, a US extension of a reference patent was also granted and has not expired; the same applies to a recognized European state, and to both where approvals exist in both.

## Duration (ss.64I, 64J)

- The extension lasts for the shortest of the extension periods granted to reference patents in the recognized countries, excluding interim orders (s.64I(a)).
- Where registration was sought only in Israel, the extension equals the period from filing the registration application to registration, provided the application was filed and pursued in good faith and with due diligence (s.64I(b)).
- It may not exceed 5 years beyond the s.52 term (s.64J(1)).
- Total protection ends no later than 14 years from the first marketing approval in any recognized country (s.64J(2)).
- It lapses no later than the first date on which a reference-patent extension expires, or a reference patent is revoked, in a recognized country where marketing approval was granted (s.64J(3)).

## Opposition

Any person may oppose within three months from publication of the Registrar's notice under s.64E(c) or (e)(1) or (3), as applicable (s.64F).

## Fees

See `references/ilpo-fee-schedule.md`, PTE section. Late payment of extension fees follows ss.57-64 (s.64M(b)).