Evergreening is a method by which technology producers keep their products updated, with the intent of maintaining patent protection for longer periods of time than would normally be permissible under the law. [1] The process has caused some controversy in the Pharmaceutical industry. In this context, evergreening may be used by manufacturers of a particular drug to restrict or prevent competition from manufacturers of generic equivalents to that drug. [2]
The process of evergreening involves specific aspects of patent law. A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an A company manufactures a product for which it secures a patent. Shortly before the expiration of that patent, the company will file a new patent which revises or extends the original. When the original patent expires, a new patent is in effect, which prevents the manufacture of generic versions of the product. [3]
See also
- Technology refresh
- Technology replacement
References
- ^ The awful truth about evergreening. The Age (20-12-2005). The Age is a Broadsheet daily Newspaper, which has been published in Melbourne, Australia since 1854 Retrieved on 2007-09-21. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1217 - The Estonian tribal leader Lembitu of Lehola was killed in a battle against Teutonic Knights.
- ^ Evergreening of Pharmaceutical Market Protection. European Generic Medicines Association. Retrieved on 2007-10-19. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 202 BCE - The Battle of Zama results in the defeat of Carthage and Hannibal.
- ^ 'Linkage' pharmaceutical evergreening in Canada and Australia. Australia and New Zealand Health Policy 2007 (01-06-2007). Retrieved on 2007-10-19. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 202 BCE - The Battle of Zama results in the defeat of Carthage and Hannibal.
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