What are new uses?

The problem whether new uses of known substances should be patented occurs in the pharmaceutical context where a known product is used as a medicament for the first time (first medical use) or where a new medical use of a medicament is discovered (second medical use).

First medical use would, for instance, be the case where a substance used for food consumption is later found to prevent cancer. The question of patentability of second medical uses arises where a drug is traditionally used to combat cancer but later discovered to be effective against HIV/AIDS, such as Retrovir (AZT). Another case of new uses is finding a new, more efficient or less invasive way of administering a known drug.

For you as a legislator, the new use discussion might be particularly relevant in the context of patenting new uses of substances familiar from traditional knowledge or substances occurring in nature.