Commercial Law, 2019 Bar — Question A.9-b

ESSAY

X Pharmaceuticals, Inc. has been manufacturing the antibiotic ointment Marvelopis, which is covered by a patent expiring in the year 2020. In January 2019, the company filed an application for a new patent for Disilopis, which although constituting the same substance as Marvelopis, is no longer treated as an antibiotic but is targeted and marketed for a new use, i.e., skin whitening. (b) Should X Pharmaceuticals, Inc.'s patent application for Disilopis be granted? Explain.

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