In today’s innovation-driven world, patents play a vital role in business growth and competitiveness. Why? They hold the power to generate revenue, protect innovation, and secure a company’s market position. However, when it comes to maintaining long-term dominance, one concept often takes center stage — the evergreening of patents. This practice involves companies extending their monopoly in the market by making incremental changes to existing patented technologies. It’s a complex and often controversial topic that demands careful understanding, as several laws and regulations exist to prevent misuse. Keep reading to explore what evergreening of patents really means, how it works, and learn about its legal perspective
What Does Evergreening of Patents Mean and How Does It Work?
To understand how companies create their monopoly through evergreening of patents, we first need to know what it actually means and how it works. Evergreening is a strategy that companies use to extend the life of their existing patents beyond the usual 20-year patent protection period. It’s like giving an old patent a new life by making small but noticeable changes. This could mean creating a new formulation, adjusting the dosage, changing the delivery method, or even finding a new use for the same product. However, it’s not as simple as just renewing a patent — evergreening can only happen when the original patent is about to expire, and the company files a new patent with slight modifications or improvements to the existing one.
Here’s how companies generally do it:
- Wait until the original patent is close to expiration.
- Make minor but patentable improvements to the product — such as a new version, dosage form, or delivery system.
- File a new patent application based on those changes.
- Ensure the new patent appears novel and inventive enough to get approval.
- Once approved, use the new patent to extend exclusivity and keep competitors from making generic versions.
- Market the updated product as a “new and improved” version, often with better pricing or features.
This process allows companies to maintain their market dominance while staying legally protected — even though the changes might be relatively small.
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Can Companies Legally Evergreen Their Patents and Why Is It Controversial?
It’s really important to look into whether evergreening of patents is actually legal — and the answer isn’t straightforward. It really depends on the laws of each country, since every nation has its own rules about what counts as a valid new patent. Generally, evergreening is possible because companies have the right to file new patents if they can prove that even a small modification to their existing invention is both useful and novel. If they can justify that change as an improvement, they can often secure another round of patent protection for the same product.
The problem starts when companies manipulate this rule to serve their own interests — especially when it involves essential products like life-saving medicines. In those cases, evergreening can become harmful, as it delays access to affordable alternatives. That’s why some countries have introduced stricter regulations. For example, India’s Patent Act (Section 3d) blocks patents for new forms of known substances unless they clearly show improved efficacy. On the other hand, countries like the United States and many in Europe allow such secondary patents more easily, as long as they meet technical patent standards. So, while evergreening is technically legal, it often walks a fine line between smart innovation and system manipulation.
Conclusion
Evergreening of patents is a clever yet controversial strategy that blurs the line between innovation and monopoly. While it allows companies to protect their inventions and recover research investments, it can also limit competition and delay public access to affordable products — especially in critical sectors like healthcare. The key lies in finding a fair balance where genuine innovation is rewarded without letting the patent system be exploited. As global discussions continue, evergreening remains a reminder that progress in innovation must always be matched with responsibility. learn more about the latest IP news and all the interesting topics like this.
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