A law to amend the Israeli Patents Law was passed on February
17, 1998 containing
two main provisions.
The first removes from the definition of patent infringement acts
which are not on a commercial scale or of a commercial character,
experimental acts to improve an invention or to develop another
invention and experimental acts done "within the framework of
dealing with the obtaining of a license for the marketing" of
a product. The license in question may be for marketing in Israel
or another country as long as that country is one that permits
experimental use of this type before the expiration of a relevant
patent (e.g., the United States).
The second provision provides for possible extension of the term
of an Israeli patent to compensate for delays in securing marketing
approval for medicinal products and certain types of medical equipment.
An extension may be requested by the patentee, an exclusive licensee
or in the case of joint owners by any one of them. No extension
shall be for more than five years or have the effect that the
extended patent remains in force for more than fourteen years
from the date on which marketing approval was granted in Israel.
The wording of the basic provision for the extension is, however,
somewhat unusual since it ties the term to the extension granted
in any Paris Convention country that provides that experimental
acts for the purpose of obtaining marketing approval are excluded
from patent infringement. Apparently this is intended to result
in extensions being granted for the same period as in the United
States. If a license for marketing approval is filed only in
Israel, the extension is to be for the same period as that which
elapsed between filing the application for marketing approval
in Israel and the grant of such approval as long as the request
was pursued "in good faith and with appropriate urgency". All
requests for extension must be filed within sixty days of registration
of the product in accordance with the Pharmacists Regulations.
Maintenance fees will be payable during the extended period.

