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DR.

RAM MANOHAR
LOHIYA NATIONAL LAW
UNIVERSITY

INTELLECTUAL PROPERTY
RIGHTS II
TOPIC EVERGREENING
PATENTS
SUBMITTED TO

MR.VIKAS BHATI
HELA
ASSNT.PROF OF LAW,
RMLNLU.

SUBMITTED BY-

ABHISHT
SECTION - A
VII SEM

07

ROLL NO. :-

INTRODUCTION
'Evergreening' refers to the strategy adopted by patentees who seek to
extend their period of patent protection by applying for secondary
patents over related or derivative technologies. At first blush, the idea of
evergreening seems an anathema to central tenets of the patent system,
which provide protection for a limited term to 'novel' inventions.
Accordingly, the practice of evergreening has been criticised as
effectively enabling protection beyond the initial term despite only
trivial changes to the invention itself. Multinational pharmaceutical
companies are most frequently accused of abusing the patent system in
this way.
.

STATEMENT OF PROBLEM
HYPOTHESIS- The Doha Declaration allows developing countries to
protect the health of their populations by circumventing the TRIPS
Agreement's patent protection during situations of "extreme urgency,"
recognizing the effects of intellectual property protection on medication
prices. Nevertheless, pharmaceutical companies continue to attempt to
extend the lives of their already-existing patents for as long as possible

REVIEW OF LITERATURE

'Evergreening' refers to the strategy adopted by patentees who seek to


extend their period of patent protection by applying for secondary
patents over related or derivative technologies. At first blush, the idea of
evergreening seems an anathema to central tenets of the patent system,
which provide protection for a limited term to 'novel' inventions. It is
fundamental to the patent system that applications relate to new
inventions. However, in the context of pharmaceutical patents, the
practice of evergreening does not simply refer to extending the original
patent, but also includes strategies and practices used to protect a cluster
of related, but arguably unoriginal, technologies through the filing of
secondary applications. For example, a patentee may seek protection for
novel uses of a drug, or new methods of administering or producing it,
prior to the expiry of the original substance patent. The effect is to 'reset
the clock' on the patentee's protection period, excluding potential
competitors from the marketplace for another full term.

PLAN OF STUDY
1. INTRODUCTION
2. PATENTING STRATEGIES
3. THE DIFFICULTY OF DISCOURAGING EVERGREENING
WHILE PROMOTING INCREMENTAL INNOVATION
4. ANALYSIS OF SECTION3(d).
5. THE NOVARTIS CONTROVERSY
6. CONCLUSION

7. BIBLIOGRAPHY : VK Ahuja, Law of Copyright and Neighboring Rights:


National and International Perspectices (1st edn,
LexisNexis Butterworths Wadhwa 2007)
Rama Sarma, Commentary on Intellectual Property
Laws (1st edn, LexisNexis Butterworths Wadhwa
2009)