improved versions of existing products.

Although the patent system allows improvement patents to be

obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14

improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry”. 8

Meaning And Definition Of Evergreening

The literal meaning of the term “evergreen” is that doesn’t change colour in the fall or something that is
timeless.9 Evergreening is a term, used primarily by detractors of the alleged practice, to describe the
acquisition of secondary patents on reformulations or minor modifications of pharmaceutical products in
order to unfairly extend the monopoly over the drug beyond the life of the initial patent. 10 Evergreening
refers to a variety of legal, business and technological strategies by which producers extend their patents over
products that are about to expire, in order to retain royalties from them by either taking out new patents, or
by buying out or frustrating competitors, for longer period of time than would normally be permissible under
the law.11 Patent Evergreening is a potentially prejorative term that generally refers to the strategy of
obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on
improved versions of existing products. Although the patent system allows improvement patents to be
obtained in any industry, evergreening is said to be most common in the pharmaceutical industry. 12
Evergreening is the strategic extension of the duration of a temporary monopolistic or market dominant
position by means of IP strategies, and in practice patent strategies particularly. 13 Alkhafaji, Trinquart et.al.
defines evergreening as a way “that allows owners of pharmaceuticals products using numerous strategies,
such as patent law and minor drug modifications, to extend their monopoly privileges with their products”.
According to Bansal ever greening refers to “different ways wherein patent owners take undue advantage of
the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative
‘blockbuster’ drugs by filing disguised/artful patents on an already patent-protected invention shortly before
expiry of the ‘parent’ patent”. Granstrand describes ever greening as a strategy by which “effective patent
protection is prolonged from a continually renewed patent portfolio”. The European Generics Association
describes ever greening as a “common form, occurs when the brand name manufacturer literally ‘stockpiles’
patent protection by obtaining separate 20-year patents on multiple attributes of a single product.... To
evergreen their products, the originator company will develop what are euphemistically called ‘life-cycle
management plans’ composed not only of patent strategies, but an entire range of practices aimed at limiting
or delaying the entry of a generic product on to the market”. Hence, Granstrand provides a tentative
definition of IP based ever greening which is as follows:
IP based ever greening is the business strategy to extend the duration of the effective protection derived or
derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of
business related innovations or technologies.14