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ARTICLE · 16 NOVEMBER 2021

Patentability of known pharmaceutical substances in the Philippines.

The application of the Doctrine of Inherency in the assessment of patentable subject matter in the Philippines is summarised for each situation below.

PhilippinesIntellectual Property

According to the Philippines Intellectual Property Code, the following in relation to pharmaceutical substances are not patent eligible and do not possess inventive step:

  1. the mere discovery of a new form or new property of a known substance which does not result in the enhancement of the known efficacy of that substance,
  2. the mere discovery of any new property or new use for a known substance, or
  3. the mere use of a known process unless such known process results in a new product that employs at least one new reactant.

The Philippines Intellectual Property Code is supplemented by a set of guidelines (QUAMA Guide) for the assessment of patentability of pharmaceutical substances in the Philippines.  

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