Legislative Implementation of Flexibilities - Israel

Title:	Section 54a of the Patents Law 5727-1967
Field of IP:	Patents
Type of flexibility:	Regulatory review exception
Summary table:

Provisions of Law

Experimental act in order to obtain license

54A. An experimental act, which is part of an effort to obtain a license to market the product after the patent has lapsed, does not constitute "exploitation of an invention", if the following two conditions are met:

(1) the effort to obtain a license is made in order to obtain a license in Israel or in a country, in which an experimental act on a patent protected invention for the purpose of obtaining a license is permitted before the patent lapses;

(2) any product produced under the terms of this section is not used-both while the patent is in effect or thereafter-for any purpose other than obtaining a license as aforesaid;

for purposes of this section, "license"-certification, permit or any other document required under Law in order to market the product.