Evergreening

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. [cite web|url=http://www.theage.com.au/articles/2004/08/06/1091732084185.html|title=The awful truth about evergreening|date=2005-12-20|accessdate=2007-09-21|publisher= The Age] 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. [cite web|url=http://www.egagenerics.com/gen-evergrn.htm|title=Evergreening of Pharmaceutical Market Protection|accessdate=2007-10-19|publisher= European Generic Medicines Association]

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 application 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. [cite web|url=http://www.anzhealthpolicy.com/content/4/1/8|title='Linkage' pharmaceutical evergreening in Canada and Australia|date=01-06-2007|accessdate=2007-10-19|publisher= Australia and New Zealand Health Policy 2007]

ee also

*Submarine patent

References