A recent ruling by the Israeli Patent Office revoked the patent term extension (PTE) for Patent No. 160693, covering the anticoagulant drug Eliquis (Apixaban). The decision followed the invalidation of the UK reference patent, which had served as a basis for the PTE in Israel.
The Dispute
Bristol-Myers Squibb (BMS) had obtained a PTE in Israel based on marketing approval for Eliquis. However, after the UK reference patent was invalidated, Teva, Unipharm, and the Manufacturers Association of Israelargued that the Israeli PTE should automatically lapse under Section 64I(3) of the Israeli Patent Law.
The Patent Registrar’s Decision
The registrar ruled in favor of the challengers, finding that:
- The law explicitly states that if a reference patent is invalidated in a recognized country, the corresponding Israeli PTE must also lapse.
- While BMS argued that the UK ruling was an exception and should not impact the Israeli extension, the registrar rejected this claim, emphasizing the need to maintain fair market competition in Israel.
An appeal has been filed with the Jerusalem District Court. A decision will likely be issued only after the original expiration date of the patent term extension.