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Any improvement or variation to new chemical entities is usually protected by filing secondary patents, essentially alternative forms of already existing primary patents to further extend the protection of already patented drugs. Pharmaceutical companies file secondary patents as a strategy for extending their market exclusivity of the drugs, a practice referred to as “evergreening” as it delays the entry of generic versions of the drug.
For a detailed account of evergreening in India, you can read our report on pharmaceutical patent grants.
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