SAIIPL SA Patent Law & Practice Questions - SAIIPL Trade Mark Practitioners' Examination - SA Patent Law And Practice Exam

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A pharmaceutical company invents a known chemical compound 'X' that was previously used as a dye, but discovers it effectively treats malaria. Can compound 'X' be patented in South Africa for medical use?
Correct Answer:
Yes, Section 25(9) permits patenting a known substance for use in a method of medical treatment if its use in such a method does not form part of the state of the art

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