Exclusions to patentability


Anne Mariae Celeste V. Jumadla

Amendments to the Intellectual Property (IP) Code made by the Universally Accessible Cheaper and Quality Medicines Act of 2008 (QUAMA) took effect on July 4, 2008.

These include, in cases of drugs and medicines, adding the following to the “discoveries” exclusion from patent protection:

•  The mere discovery of a new form or new property of a known substance that does not result in the enhancement of the known efficacy of the known substance; and

•  The mere discovery of any new use for a known substance.

patent, Philippines, BOP, IP, USPTO