Bharat's Patent and Patients

1 min read

Ever - Greening of Patents:

  • India's win against the US drug maker Johnson & Johnson from ever greening its patent on bed-aquiline, a key medicine for TB.
  • the claim would have extended the patent till 2036
  • Ever - Greening is used to patent monopolies through known modifications and minor improvements
  • this is strictly barred in India's Patent Act

2018 study - "Pharmaceutical patent grants in India: How our safeguards against ever-greening have failed"

  • over 70% patents granted between 2009 - 2016 flout against ever-greening by allowing claims for marginal improvements.

  • ! Patent office comes under the Department of Industrial policy and Promotion under Ministry of Commerce and Industry

India's Patent Act diluted. Ex:

  • pre - grant opposition could be filed by anyone
  • now whittled down by making heavy fees to be paid for filing pre - grant opposition either by individuals or organisations, this was added by the amendment made in April, 2024

South Africa's Anti - Trust regulator:

  • threatened to open an investigation into company' anti - competitive pricing policies
  • J&J agreed to withdraw the patent application and had also cut the prices for the drug by a sharp 40%
  • It has one of the highest TB burdens in the World, far lower than India
Built with LogoFlowershow