Supplementary Protection Certificates and pharmaceutical/patent term extension
Israel's extension system
Israel does not issue EU-style Supplementary Protection Certificates. It provides patent term extension for pharmaceutical inventions under the Patents Law and regulations. The extension is intended to compensate for regulatory delay. The basic patent must cover the product, a marketing approval must be obtained, and the extension must be requested within the prescribed period. The extended term is subject to statutory caps and conditions; the patentee must pay fees and comply with recordal requirements.
Scope and limits
The extension generally covers the approved product and its approved uses, not the entire patent portfolio. It does not revive an expired patent. Third-party rights, compulsory licences and competition-law limits may affect enforcement. Pediatric or other extensions should be checked against the current regulations; do not import EU SPC rules wholesale.
Worked example
A patent has a basic expiry of 31 December 2030. The product receives its first Israeli marketing approval in 2027, and the patentee obtains a three-year extension. The extended expiry is 31 December 2033, assuming all conditions and fees are met. If the extension application is filed late or the product is not covered by the claim, the extension is refused.
Traps
Do not call the Israeli right an SPC in a pleading without explaining the statutory basis. Do not assume the extension covers a different salt, formulation or indication. Do not miss the link between the patent claim, the approved product and the marketing authorisation.