Evergreening of Patents in the Pharmaceutical Industry: Balancing Innovation and Public Health

The practice of evergreening in the pharmaceutical industry represents a major point of contention between innovation and public health. Evergreening involves strategies by which pharmaceutical companies extend the patent life of existing drugs through minor or incremental changes that often lack substantial therapeutic improvement. This paper examines the concept, legal framework, and judicial interpretation of evergreening, with particular reference to the landmark Novartis AG v. Union of India (2013) decision. It also explores how Section 3(d) of the Indian Patents Act effectively prevents unjustified patent extensions, aligning intellectual property protection with public health objectives. The paper concludes by proposing legal and policy reforms to ensure a fair balance between rewarding genuine innovation and ensuring affordable access to essential medicines. Keywords Evergreening, Patents, Pharmaceutical Industry, TRIPS Agreement, Section 3(d), Innovation, Public Health, Generic Drugs, Intellectual Property Rights, India.