What is the maximum term of extension?
Australia: 5 years.
Canada: 2 years.
Europe: 5 years.
Israel: 5 years.
Japan: 5 years.
United States: 5 years.
Are there further considerations on the maximum term of extension?
Australia: Term ≤15 years from first Market Authorisation (M.A) in Australia.
Canada: Maximum extension = 2 years.
Europe: Term ≤15 years from first M.A in a European Medicines Agency (EMA) contracting state.
Israel: Term ≤14 years from first M.A in Israel.
Japan: Duration is the period of time the patented invention “could not be worked” due to requiring a M.A in Japan.
United States: Term ≤14 years from first M.A in the United States.
What types of patents are eligible for extensions?
Australia: Eligibility criteria include: 1. The product (per se). 2. The manufacture process (recombinant DNA technology).
Canada: Eligibility criteria include: 1. The product (per se). 2. A product-by-process. 3. Medical use(s). 4. Combinations (if approved).
Europe: Eligible if a patent claims an approved medical product(s).
Israel: Eligibility criteria include: 1. The product (per se). 2. Devices.
Japan: Any patent where a M.A requirement meant the patented invention “could not be worked”.
United States: Eligibility criteria include: 1. The product (per se). 2. The manufacture process. 3. Medical use(s).
Is it possible to obtain multiple patent term extensions per patent application?
Australia: No.
Canada: No.
Europe: Yes.
Israel: No.
Japan: Yes.
United States: No.
Is it possible to obtain multiple patent term extensions for a product?
Australia: Yes.
Canada: No.
Europe: Yes.
Israel: No.
Japan: Yes.
United States: Very rarely.