Still, as the appellant argues, there is a possibility that the applicant for an extension order does not formally meet the conditions, but there is a possibility that she will meet them in the future, for example, in view of the granting of a permit to market the drug without an extension order still being issued outside of Israel. In these circumstances, a split proceeding was taken, whereby a notice under section 64E(e)(1) is first published that the Registrar of Patents will issue an extension order "subject to the issuance of orders for the extension of such a reference patent during the period of validity of the basic patent".
And if extension orders are indeed issued abroad, and the conditions of the two countries are met, the second stage of the split proceeding comes, and a notice is published in accordance with section 64E(e)(3), and this is a supplementary notice, as stated in the section.
- Thus, we see different paths that at the end of the day drain into a situation in which as long as extension orders are issued abroad in the relevant countries, and the conditions of the two countries are met, an extension order is issued in Israel. The various notices, given the various options, are nothing but stations on the way. And when the road is crowned with success, an extension order is issued, at a good and successful time. And when the order is granted, it stands in its way and swallows the various notices that led to its formulation.
- The Appellant draws attention to the fact that the extension order, in accordance with the law, comes into effect only after the expiry of the basic patent period (in accordance with the provisions Section 64H(b) Law), however, this does not detract from the fact that the extension order has become a valid legal norm At the time of its announcement.
It is important to remember and mention in this regard the basic distinction between the date of commencement of the legal norm and the date of its applicability. "The date of commencement is the date on which the administrative act acquires legal validity... In contrast, the date of application is the date on which the norm established in the administrative act begins to apply to matters and situations, and to create rights and obligations, as determined therein" (Yitzhak Zamir Administrative Authority: The Administrative Procedure 1338 (2011)). Indeed, the extension order is an administrative norm, since it is issued by an administrative authority, which regulates the patent industry.