How does Philippine law treat new forms of known drug substances for patent purposes?
Philippine patent law is strict on new forms of known drug substances. Under Section 22.1, Intellectual Property Code of the Philippines, a mere discovery of a new form or new property of a known substance in drugs and medicines is not patentable if it does not enhance the known efficacy of that substance. The law also treats various derivatives such as salts, esters, ethers, polymorphs, and similar forms as the same substance unless they significantly differ in efficacy. This framework is designed to prevent evergreening and ensure that only truly improved medicines receive patent protection. 20-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
