As the name suggests, the ever-greening of a patent is a corporate, legal, company and technical technique for extending the length of an issued patent in a jurisdiction that is about to expire by taking out new patents in order to preserve royalties from them. A patent is a monopoly right granted for a limited period of time exclusively to an inventor in exchange for his/her disclosure of an invention that is a new, non-obvious, and useful product and/or method. Patents in India are issued for a maximum period of 20 years provided it is maintained by paying annuity fees. The invention goes into the public domain after the expiry of the patent, which is open for use, manufacture, sale, or import. Often, however, patentees (mostly pharmaceutical companies) try to expand this monopoly beyond a restricted 20-year duration. These companies make trivial/irrelevant variations on the existing patented invention when the duration of the patent is about to end and apply for a new patent, thereby expanding their monopoly. The Ever-greening of a patent is known for this.

In general, the Ever-greening of patents is not a formal theory in the law of patents. Rather, this is a social term that is used to refer to different approaches. In this phase, patent holders use regulatory processes and regulations to extend the rights of conscientious ownership. For a longer period of time, the evergreening of patents suggests receiving further benefits. The evergreening of patents, in other basic words, implies the continuous extension of patent rights. The method of obtaining several patents for the same product often applies to it. These patents cover various aspects of a single product by the purchase of patents on enhanced editions of existing products. A common element of pharmaceutical patents is the evergreening of patents. Drug evergreening of patents is the most important technique that multinational medicine firms use. In order to accept TRIPS obligations in 2005, India amended its Patents Laws. Novartis vs Union of India is still one of the Supreme Court's landmark decisions. In 1997, Novartis was a popular drug-making company that applied for patents. Novartis' patents are not granted because no major healing efficacy has been achieved by the drug. In addition, it is also similar to an existing form that has patents outside of India. Similarly, pharmaceutical manufacturers did not have patents before the 2005 improvements. But the patents were given to the manufacturers after the modifications. Sometimes, once the patent expires, generic products are available on the market. Competition in the market sets in with these generic products from different businesses. This results in the price of the item being lowered. The ever-greening of patents does not allow the price of a product to fall as a result of the extension of the monopoly of the patentee.

Resistance to the ever-greening of patents is initiated by Section 3(d) incorporated into the Patent Act. In comparison to many other nations, the ever-greening of patents in India is therefore not easy to receive. However, the advantageous aspect of preventing the evergreening of patents is that it provides relief to vulnerable patients who rely on medications that save lives. It also helps to keep the price of essential drugs in developing and underdeveloped countries within the reach of ordinary people.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.