Indian Patent Law and the Evergreening of Pharmaceuticals Patents

I. Introduction

The term “evergreening” is used to describe practices that have developed in the field of pharmaceutical patents, whereby a minor change is made to an existing product so it can be claimed as a new invention. This is a ploy used by patent owners to obtain a patent that updates their prior existing patent, in order to extend their monopoly over the same subject matter. This acts to increase the life of the patent or the patent term beyond the standard 20 years so as to reap the benefits of a much longer term for the patent holder. ...