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Drug Patents

Many drugs have registered patents. Drug patents are designed to allow the developer of the drug to protect his investment of development of the patented drug, thus creating an incentive for entrepreneurs and inventors in the country to invest in development of the product or drug in the initial stages, when they will usually benefit from twenty years’ protection. The Patents Law states that a patent is valid for twenty years, after which time period the public at large can take advantage of the invention. During this twenty year period, the patent holder can produce a return on his investment in the patent, and thereby make money. Despite this, there are exceptions to the term of validity of a patent, for example by requesting an extension. Section 64(j) of the Patents Law states, “(1) The term of effect of an extension order shall not exceed five years beyond the term stated in section 52;” section 52 states “The term of a patent shall be twenty years from the application date.” Section 64(j) allows extension of this period in certain circumstances.

Section 64(a) is the defining chapter that sets out the following definitions:

64(a) Definitions (Update: 5758:3, 5766:5)

“medical preparation”—any form of therapeutic drugs that underwent processing, including a preparation for use in veterinary medicine and a preparation of nutritional value intended to be injected intravenously;

“material”—the active component of a medical preparation or salts, esters, hydrates or crystal forms of that component;

“the basic patent”—the patent that protects any material whatsoever, including a process for the production of a material, use of a material, a medical preparation that incorporates a material, a process for the production of a medical preparation that incorporates a material or medical equipment that requires a license in Israel (hereinafter:  medical equipment);

“recognized state” – a state enumerated in Schedule One;

“related patent” – any patent whatsoever in a recognized state, which protects the material, the process for the production of the material or the use of the material, or the medical preparation that incorporates the material, or the process for the production of the medical preparation that incorporates the material, or the medical equipment, which is claimed in a basic patent in Israel, whether or not the said patent parallels the Israel patent;<

“licensing” – as defined in section 54A.

Therefore, inventors who wish to register a patent for a drug or in other areas that Patent Law defines as being eligible to apply for an extension, they must consult with a patent attorney for each case, who will examine whether there is a chance of receiving an extension for the patent by submitting an application to the Patent Authority.
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