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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

A drug patent application claims only a newly identified polymorph of a known substance. The stipulated evidence establishes no significant difference in properties regarding efficacy and no enhancement of known efficacy; no other qualifying technical feature is claimed. The applicant says identifying a new form alone necessarily guarantees patentability. Which answer follows RA 9502's amendments?

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Known-substance efficacy is irrelevant under the amendment. The amendment categorically prohibits every drug invention. The stated mere new-form discovery falls within the amended exclusion; identifying a form alone does not satisfy the required statutory distinction. A new trademark automatically establishes inventive step.

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