Commerce and Industry Minister Piyush Goyal has sharply criticised the practice of pharmaceutical firms seeking fresh patents based on minor incremental innovations, warning that such tactics could undermine access to affordable medicines globally.
Speaking at an event on Sunday, Goyal stated that “supernatural profits” for a select few companies should not come at the cost of equitable and quality healthcare for millions. He flagged the evergreening of patents—where companies introduce marginal changes to drugs to extend their exclusivity—as a practice that prioritises shareholder gains over public welfare.
“Just for the profit of a few companies and possibly their shareholders, the world has to suffer,” Goyal said, reiterating India’s firm opposition to patent practices that block generics and delay access to affordable treatments.
Indian Patent Law Protects Against Evergreening
Under Section 3(d) of the Indian Patents Act, 1970, patents cannot be granted for already-known drugs unless the new version demonstrates significantly enhanced efficacy. Section 3(b) further bars patents for products that are against public interest or do not show real therapeutic advances.
Global pharmaceutical companies have repeatedly lobbied for India to relax these standards, arguing for the recognition of new formulations and combinations as patentable innovations. However, the Indian government, along with public health advocates, has resisted these calls, citing the risks to affordable healthcare access.
A successful evergreening tactic could allow a company to extend patent protection by 20 years on drugs that otherwise would enter the generic market, potentially keeping prices high and limiting supply.
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Healthcare Access a Core Development Priority
Goyal underlined that access to quality healthcare remains central to India’s development goals and sustainable progress. He emphasised India’s broader commitment to supporting equitable healthcare solutions, including its leadership in generic medicine production and export.
India’s strong stance on intellectual property standards in pharmaceuticals is seen as critical not just domestically, but also for many developing countries that rely on affordable Indian generics for life-saving treatments.
As debates around innovation incentives and public health continue, India’s position reinforces the need to balance commercial rights with societal welfare.
