While the "normal" patent term protection is 20 years, when it comes to commercial pharmaceutical products (as well as medical devices), in some cases it can be extended by up to five additional years.
Obtaining a patent term extension (PTE) is challenging at times, as the terms that determine whether a patent is eligible for a term extension are complex, and raise complicated queries, especially since generic companies have a tendency to appeal against PTE orders issuance, and the Supreme Court is often required to rule on such significant cases where the parties appealed.
In Israel, the legal framework for the patent term extension (PTE) is complicated and PTE provisions have been changed several times over the past decade. Issuing an Israeli PTE order is affected by a drug’s marketing approval and issuing PTEs and/or SPCs outside Israel (including the US and five European countries). The duration of the Israeli PTE order is calculated by taking into account the corresponding PTE and SPCs. The expiry of the order is influenced by the status of these foreign term extensions.
Our firm, alongside the Group's patent law firm, Luzzatto and Luzzatto’s experienced and professional team, specializes in PTE litigation and has extensive experience in highly important and complex PTE cases.
Between our clients you can find the leading international pharmaceutical and medical devices companies, and multinational corporations, which we represent in PTE landmark cases regarding important commercial drugs, pharmaceutical products and medical devices.We have a deep understanding of the issues involved and will help guide you towards extending the duration of your patent, taking all the necessary steps to secure the patent term extension, including litigation, when needed.
We have seen important commercial drugs through a successful PTE litigation process, providing years of effective protection for our clients beyond their regular term.
