Is the standard for inventive step different for drugs and medicines?
Yes, the standard is stricter for drugs and medicines. Section 26.2, Intellectual Property Code of the Philippines, provides that there is no inventive step if the invention results from the mere discovery of a new form or new property of a known substance without enhanced efficacy, the mere discovery of any new property or new use for a known substance, or the mere use of a known process unless it results in a new product employing at least one new reactant. This mirrors the non‑patentability rule in Section 22.1 and is aimed at preventing trivial pharmaceutical modifications from obtaining patent protection. As a result, pharmaceutical inventions must demonstrate real therapeutic advancement to satisfy inventive step. 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/.
