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Philippine Bar review · Question

Practice question: Patentable vs. Non-Patentable Inventions

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Practice question

A drug application claims a mere new form of a known substance without enhanced known efficacy. Explain the drug-specific exclusions and inventive-step provisions introduced by RA 9502, including the treatment of polymorphs and similar derivatives.

Legal references

  • Intellectual Property Code, RA 8293, sections 21–27, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA 9502, sections 5–6 amending IP Code sections 22.1 and 26, https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html

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