evergreening

The case, launched soon after India passed its Patent Act in 2005, revolves around a legal provision aimed at preventing companies from seeking patents or extensions based on minor changes to existing treatments -- a practice known as "evergreening" that is common in Europe and the United States.

unknown title 2011

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Companies often try such "evergreening" with chemical drugs, putting out extended-release or extra-strength versions to stay ahead of generic competition.

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Through "evergreening" of patents, pharmaceutical companies manipulate the patent system into garnering many more years of protection from competition.

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This 3 (d) section of the Indian Patents Act was written keeping in mind the prevailing concern that IPR for incremental innovation is tantamount to "evergreening," in effect the attempt to overcome patent expiration on a drug by claiming additional patent protection for sometimes minor modifications in the active substance.

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And because of an "evergreening" clause that grants drug companies a continued monopoly if they make slight changes to the drug (like creating a once-a-day dose where the original product was three times per day), they will never become generics.

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There is no 'evergreening' clause in my legislation.

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There is no 'evergreening' clause in my legislation.

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And because of an "evergreening" clause that grants drug companies a continued monopoly if they make slight changes to the drug (like creating a once-a-day dose where the original product was three times per day), they will never become generics.

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She resoundingly refutes the claim about "evergreening":

Jane Hamsher: Anna Eshoo's PhRMA Boondoggle: The Devil Is In Her Details 2009