Written by: Ephraim Zachary Heiliczer, Ph.D.
Every Extra Year Counts in Life Sciences
In the life sciences sector, even a single additional year of patent exclusivity can elevate a promising investment into a blockbuster success. Patent Term Extensions (PTEs) are designed to recover years lost during the demanding regulatory review of pharmaceuticals and medical devices, ensuring that innovators can fully capture the commercial potential of their breakthroughs.
A Missed Opportunity—Vast Potential Awaits
Despite Israel’s reputation as a global leader in biomedical innovation, its PTE system remains significantly underutilized. With only about twenty filings per year—just a third of the US volume—many companies forgo millions in potential revenue. Even a short extension can yield substantial commercial returns; for example, a single extra year of patent protection for a successful pharmaceutical may be worth several million dollars in the Israeli market.
This low filing rate reflects missed opportunities rather than limited potential. Applicants often overlook Israel or mistakenly assume that the process is too complex for a smaller market. In reality, the Israeli PTE process can offer considerable rewards for those who approach it strategically. The key to overcoming any perceived complexity is early engagement with counsel, who can monitor deadlines and provide guidance on optimal timing to streamline the process.
How the Israeli PTE System Works
Israeli Patent Law allows patent terms to be extended, enabling total protection to reach up to fourteen years from the first marketing authorization, with the extension itself lasting up to five years.
The duration of the extension is determined by the shortest foreign extension or earliest expiration among the United States, United Kingdom, France, Spain, Italy, or Germany, aligning Israeli protection with major international jurisdictions.
While multiple PTE petitions may be filed under Israeli law, only one patent can be extended per registered product. The decision of which patent to extend is a strategic one, directly influencing the scope and duration of protection. Selecting the optimal patent maximizes exclusivity and commercial advantage.
Timing and Compliance: The Competitive Edge
Early coordination between regulatory and intellectual property teams is essential for securing an Israeli PTE:
- Filing deadline: Applications must be submitted within 90 days of Ministry of Health registration—a strict, non-extendable deadline.
- Foreign linkage: The Israeli Patent Office must be notified within 90 days of any new PTE or SPC granted in the United States, United Kingdom, France, Spain, Italy, or Germany.
- Documentation: Ongoing monitoring of foreign extensions and maintaining consistent records are essential for compliance and for preserving the validity of the Israeli PTE.
These requirements are clear but uncompromising. Organizations that prepare early and maintain organizational discipline can avoid procedural pitfalls and secure years of additional exclusivity.
Strategic Advantages for Early Movers
Timely Israeli PTE filings can significantly extend market exclusivity, enhance licensing opportunities, and demonstrate proactive intellectual property management—transforming regulatory delays into measurable commercial value.
With relatively few annual filings, enormous untapped potential remains. Organizations that incorporate Israel into their global extension strategy gain valuable protection in a jurisdiction renowned for robust enforcement and technological leadership.
In a sector where each month of exclusivity directly translates into increased market share and revenue, Israel provides a practical and effective mechanism for extending the commercial lifespan of high-value products. While the process requires precision and foresight from experienced counsel, the potential rewards are substantial for those who capitalize on this opportunity.
