(a) If an application for an extension order is submitted by a person who is entitled to file it in the manner prescribed in the Regulations, the Registrar shall begin its examination within sixty days from the date of its submission.
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(c) If the Registrar deems or has been brought to his attention that the conditions set forth in this Article have been met, he shall publish a notice on the Internet, within sixty days from the date of completion of the examination of the application for an extension order, of his intention to issue an extension order and of the period during which the order will remain in effect.
(d) If the Registrar deems or has been brought to his attention that the conditions set forth in this Article have not been met, he shall publish a notice on the Internet, within sixty days from the date of completion of the examination of the application for an extension order, of the rejection of the application for an extension order.
- Still, practical difficulties may arise, which must be taken into account. Sometimes, the process of handling patent applications in the field of pharmaceuticals and extensions of the patent period can take time. This is the case in our places as well as abroad. Against this background, the law allows an application for an extension order to be filed in Israel when a marketing permit is granted in the United States or in a recognized European country, even if orders to extend the reference patent have not yet been issued there. This matter is regulated in section 64E(e) of the Ordinance, which states as follows:
64E. Examination of an Application for an Extension Order
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(e) Notwithstanding the provisions of subsection (d), the Registrar deems or has been brought to his attention that the conditions set forth in paragraphs (1) to (4) of section 64D have been met, that a marketing permit has been granted in the United States of America or in at least one or both recognized European countries, and that orders for the extension of a reference patent as stated in paragraphs (5), (6) or (7) of section 64D, as the case may be, the following provisions will apply: