Disclaimer: This is not specific advice, and only relates to the situation as of today, 12 March 2026. As the legal landscape is an evolving landscape, all specific questions must be directed to a qualified attorney as and when they arise.

Preamble

As we navigate the intellectual property landscape in 2026, the protection of medical innovations in Israel remains a complex but rewarding endeavor for pharmaceutical and biotech entities. While Israel continues to prohibit the patenting of methods for the therapeutic treatment of the human body, the legal framework and Patent Office practice offer robust alternative pathways to secure protection for these vital technologies.

The Legal Position in 2026

Under Section 7(1) of the Israeli Patents Law, patents cannot be granted for a “method of therapeutic treatment of the human body”. This exclusion is rooted in the ethical principle that medical practitioners should not be hindered by patent rights when treating patients. However, it is essential to distinguish between what is excluded and what remains patentable:

Human vs. Non-Human: The prohibition applies strictly to the human body. Methods for the therapeutic treatment of animals (veterinary methods) are fully patentable in Israel.
Diagnostics: Methods for diagnosis performed on the human body are generally acceptable for patenting in Israel, provided they do not encompass a therapeutic step.
Medical Devices: While the use of a device to treat a human is not patentable as a method, the device itself and its various industrial applications are fully eligible for protection.
Ex-vivo: The prohibition applies to methods performed on the human body. Medical methods performed outside of the body (ex-vivo) are patentable according to Section 7(1).
Dosing Regimens: The ILPTO accepts claims directed at specific dosing regimens and schedules, provided they meet the standard requirements of novelty and inventive step.

Converting Claims into Acceptable Formats

To overcome a Section 7(1) rejection, applicants must “convert” their method of treatment claims into an acceptable “product” or “use” format. In 2026, the following formats are recognized and recommended by the Israel Patent Office:

Original (Unacceptable) Format	Acceptable Israeli Format	Legal Classification
“A method of treating disease Y by administering compound X…”	“Compound X for use in the treatment of disease Y”	Purpose-bound product claim
“Use of compound X to treat disease Y…”	“A pharmaceutical composition comprising compound X for the treatment of disease Y”	Pharmaceutical product claim

Questions? Contact Avraham Hermon at JMBmail@JMBDavis.com.

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