Clearing up: examination guidelines for pharma patents
On February 15, 2012, the Intellectual Property Offce of the Philippines (IPPHL) published on its website its Examination Guidelines for Pharmaceutical Patent Applications Involving Known Substances.
These guidelines were issued pursuant to the amendments in the patent law and its implementing rules and regulations, brought about by Republic Act No. 9502, the Universally Accessible Cheaper and Quality Medicines Act of 2008 (QUAMA).
The aim of this act is to promote and ensure access to affordable quality drugs and medicines for all, pursuant to the state’s policy of protecting public health.
To achieve this goal, the QUAMA also introduced amendments to the patent law which were highly criticised by pharmaceutical companies as limiting the patentability of certain chemical forms unless increased e fficacy was demonstrated. These amendments were reflected in Section 22, which defined non-patentable inventions as:
