2010 Mercantile Law, Q19

Dr. Nobel discovered a new method of treating Alzheimer’s involving a special method of diagnosing the disease, treating it with a new medicine that has been discovered after long experimentation and field testing, and novel mental isometric exercises. He comes to you for advice on how he can have his discoveries protected.
Can he legally protect his new method of diagnosis, the new medicine, and the new method of treatment? If no, why? If yes, how? (4%)

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Which of Dr. Nobel's discoveries is legally patentable under Section 21 of the Intellectual Property Code (R.A. 8293)?

Why are methods of diagnosis and treatment of the human body non-patentable under Section 22.8 of R.A. 8293?

Under Section 22.2 of R.A. 8293, why are mental isometric exercises excluded from patent protection?

What three statutory requisites must a product satisfy to be patentable under Section 21 of R.A. 8293?

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How can Dr. Nobel legally protect his newly discovered medicine under Philippine intellectual property law?

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1. Patentable Product Inventions
Under Section 21 of the Intellectual Property Code of the Philippines (Republic Act Number 8293), any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable shall be patentable. A newly discovered pharmaceutical medicine produced through long experimentation and field testing qualifies as a patentable product invention. Obtaining a patent grants the inventor exclusive rights to restrain third parties from making, using, offering for sale, selling, or importing the drug without authorization.

2. Medical Method Exclusions
Under Section 22.8 of the Intellectual Property Code (Republic Act Number 8293), methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body, are expressly excluded from patent protection. The public policy rationale seeks to ensure that medical practitioners remain unhindered by patent monopolies when diagnosing and treating patients. Consequently, neither a special diagnostic method nor a novel therapeutic treatment method for Alzheimer's disease can be validly patented.

3. Mental Act Exclusions
Under Section 22.2 of the Intellectual Property Code (Republic Act Number 8293), schemes, rules, and methods of performing mental acts, playing games, or doing business are non-patentable inventions. Mental isometric exercises designed to treat cognitive decline rely on cognitive processes and personal mental routines, placing them squarely within the statutory exclusion for mental acts. Such mental exercises cannot be protected by patent rights, though written instructional guides describing them may receive copyright protection.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026