Pharmaceuticals in South East Asia

Date: 2017-03-14
Author: James Cherry

1. Are methods of medical treatment patentable?

2. Is extension of patent term possible?

3. Is there a data exclusivity period?

 

Country

 

Yes/No

Comments

Australia

1

ü

Case law has confirmed that methods of medical treatment are patentable. ‘Swiss-style’ claims are also separately allowable.

2

ü

A maximum 5 year extension is available for pharmaceutical substances (including compounds per se, combination therapies and pharmaceutical substances when produced by recombinant DNA technology).

3

ü

A period of 5 years is provided for new products.

New Zealand

1

û

 ‘Swiss-style’ claims are allowable.

2

û

 

3

ü

A period of 5 years is provided for new products.

Indonesia  

1

û

‘Swiss-style’ claims are no longer allowable for applications subject to the August 2016 law change.

2

û

 

3

û

Indonesia only has data protection provisions, and will keep data confidential for a period of 5 years. The provisions do not prevent generic registration during that period.

Malaysia

1

û

‘Swiss-style’ claims and Europe-style second medical use claims are allowable.

2

û

 

3

ü

A period of 5 years is provided for new products and 3 years for second indications.

Philippines

1

û

‘Swiss-style’ claims and Europe-style second medical use claims are allowable.

2

û

 

3

ü

A period of 2 to 5 years is provided depending on the products.

Singapore

1

û

‘Swiss-style’ claims and Europe-style second medical use claims are allowable.

2

ü

A maximum 5 year extension is available for pharmaceutical substances.

3

ü

A period of 5 years is provided.

Thailand

1

û

‘Swiss-style’ claims are allowable. Other claim formats (such as “A specified quantum of substance X” and “An antiseptic including substance X”) are allowable.

2

û

 

3

û

Thailand only has data protection provisions, and will keep data confidential for a period of 5 years. The provisions do not prevent generic registration during that period.

Vietnam

1

û

No medical use or second medical claims are permissible.

2

û

 

3

ü

A period of 5 years is provided for new products.