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The Patentability of Second and Subsequent Medical Uses in Asia’s Patent Legislation

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  • Adachi Kiyoshi

    (National Graduate Institute for Policy Studies, Minato-ku, Tokyo, Japan)

Abstract

This study examines, from a comparative law perspective, how jurisdictions across East, Southeast and South Asia deal with the issue of the patentability of second/subsequent medical uses. The Covid-19 pandemic highlighted the importance of subsequent medical uses of known medical compositions, as a number of medicines that are being used to treat Covid-19 were originally developed for other illnesses. The decision whether second/subsequent medical uses of pharmaceuticals are patentable in any given jurisdiction is, however, a policy decision to the extent that it is one of the main exclusions available to countries as a ‘flexibility’ under the World Trade Organization’s Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement). The results of this study show that there is a wide variation in Asia regarding the patentability of second/subsequent uses, and examines the possible reasons for this variation. The paper concludes with recommendations for countries in the region.

Suggested Citation

  • Adachi Kiyoshi, 2023. "The Patentability of Second and Subsequent Medical Uses in Asia’s Patent Legislation," Asian Journal of Law and Economics, De Gruyter, vol. 14(1), pages 59-75, April.
    • Handle: RePEc:bpj:ajlecn:v:14:y:2023:i:1:p:59-75:n:3
    DOI: 10.1515/ajle-2022-0091
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    References listed on IDEAS

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    1. Kim Jeong-Yoo, 2020. "Patent Races for COVID-19 Vaccines and Liability Rules," Asian Journal of Law and Economics, De Gruyter, vol. 11(3), pages 1-13, December.
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