Evergreening Of Pharmaceutical Patents – An Abuse Of Patent Regime Globally
- IJLLR Journal
- Apr 11, 2025
- 1 min read
Gracy Tripathi, Amity Law School, Noida
ABSTRACT
Patent evergreening is prevalent mainly in the pharmaceutical industry. The Pharmaceutical companies tries to extend the market term of their products beyond the original Patent term. This is done by only doing slight alterations and modifications in the existing products. While These modifications may or may not substantially enhance the therapeutic efficacy or technological advancement, they do so to delay the entry of generic alternatives which are important for affordability into the market, thereby maintaining higher prices and prolonged market dominance. Evergreening of Patent creates challenges to the public health and the market competition. This practice limits the access for patients who rely on cost-effective treatments. It hampers competition by preventing generic manufacturers from introducing affordable alternatives, thereby maintaining monopolistic market conditions.
While patents are essential for incentivizing innovation by granting temporary exclusivity, practices like evergreening1 undermine the balance between rewarding inventors and ensuring public access to affordable medicines. India's legal framework, particularly Section 3(d) of the Patents Act, plays a crucial role in preventing such practices by ensuring that patent protection is granted only to genuine innovations that offer significant improvements over existing products. This approach safeguards public health interests and promotes a competitive market environment, aligning with global efforts to prevent patent evergreening and its adverse effects on society.
