The Antidote of Patent Opposition: Curbing Pharmaceutical Evergreening

Author(s)	Ms. Khushnuma Rahman
Country	India
Abstract	In the high-stakes world of pharmaceuticals, a clever shell game known as "evergreening" keeps drug prices soaring. Patent opposition is an effective safeguard against pharmaceutical evergreening, a practice where drug companies prolong their market dominance through minor modifications that offer no significant therapeutic benefit. Opposition proceedings, which enable third parties to challenge patent applications, are crucial in preventing unwarranted extensions of market exclusivity and ensuring public access to affordable medicines. This paper argues that the smartest cure for this tactic is the patent opposition. This legal tool lets experts and the public challenge weak patents before they can block cheaper generics. By looking at real-world successes, we show that opposition systems are a powerful way to protect both real innovation and affordable medicine. They ensure patents reward true invention, not just legal loopholes.
Keywords	Patent Evergreening, Pharmaceutical Evergreening, Pre-grant & Post-grant Opposition, Drug Affordability
Published In	Volume 7, Issue 5, September-October 2025
Published On	2025-10-28
DOI	https://doi.org/10.36948/ijfmr.2025.v07i05.58995

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