The question whether new uses of known substances should be patentable might be answered in countries with different technological development differently. When deciding in favour of or against patentability of this subject matter, you need to balance your concerns about the impact of foreign patents on public health in your country against the need to provide local entrepreneurs with incentives to invest in the production of medicines for both domestic and foreign markets.

To see the arguments advanced pro and contra patents on new uses of known substances, please move your mouse over the scale below.

Given the concerns about the restrictions on competition and access to medicines further imposed by new-use patents, and doubts whether they present a real incentive for innovation, you should approach this issue with caution. Research has shown that most developing countries do not make specific reference to the availability of patents for new uses, thus leaving unclear whether their protection covers new uses. It is important that you have a policy in place which is reflected in legislation or patent examination guidelines. The latter would leave more room for "fine-tuning".