Caselaw

Miscellaneous Appeal – Civil (Tel Aviv) 40718-02-24 Genentech Inc v. State of Israel – Registrar of Patents, Designs and Trademarks - part 22

August 23, 2026
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Moreover, it is possible to learn from various provisions in the arrangement that the appellant's interpretive approach was rejected.  Thus, section 64D(4) states that it will be possible to grant an extension order if a number of conditions are met, one of which is that "no previous extension order was issued for the basic patent or for the material".  In other words, if an extension order was issued and it was revoked, no additional order would be granted.  And in this regard, there is no restriction according to which one must wait for the end of the period of the basic patent or any other arrangement of the kind that the appellant claims.  And as we have seen, it does not matter the fact that the extension order that was given was supposed to operate in the future.  After all, its revocation in accordance with section 64J(3) applies immediately, and upon its revocation the provision in section 64D(4) applies. 

This is the obvious and clear reading of the section.  Thus, for example, Drori analyzes the matter, who wrote: "From this condition [set forth in section 64D(4) of the Law] it follows that even though there is no impediment to the filing of several applications for extension orders based on the licensing of a single medical product that includes a substance, at the end of the day, no more than one extension order relating to the same substance will be granted" (Drori, at p.  243).  This is the clear mandate of the legislature, and accepting the appellant's interpretive position conflicts with it.

  1. d) In addition, GetA The appellant's interpretation will lead to the result that the legislature sought to prevent, and it is a severe blow to certainty. After all, the period of the basic patent can be spread over many years.  It is generally accepted that the patent owner must submit an application for an extension order in Israel, no later than ninety days from the date of registration of the medical product under Pharmacists Ordinance (Article 64V to the law).

The Appellant wishes to establish an arrangement in which If the extension order abroad is revoked, The wheel will return to the announcement By virtue of Section 64E(e)(1).  But then The years could pass and the interests of the other players in the pharmaceutical market would depend on containment.  Profit and rescue will be accepted, according to this approach, Only upon the expiration of the basic patent period.

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