Evergreening

From Wikipedia, the free encyclopedia

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 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]

[edit] See also

  • Technology refresh
  • Technology replacement

[edit] References

  1. ^ The awful truth about evergreening. The Age (20-12-2005). Retrieved on 2007-09-21.
  2. ^ Evergreening of Pharmaceutical Market Protection. European Generic Medicines Association. Retrieved on 2007-10-19.
  3. ^ 'Linkage' pharmaceutical evergreening in Canada and Australia. Australia and New Zealand Health Policy 2007 (01-06-2007). Retrieved on 2007-10-19.