New use of known substance always remain out of the purview of patent protection perhaps for the very reason that the discovery of new property of a known substance is not inventive enough to qualify for patentability standards. Primary requirement which is fundamental to patentability is novelty. The root of this concept is ‘made available to public’.
Mr. DPS Parmar explains the concepts of second use of patents in his Lexology article which can be viewed at https://www.lexology.com/
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