Consider the following statements:

Evergreening of Patent is a corporate, legal, business, and technological strategy for extending/elongating the term of a granted patent in a jurisdiction that is about to expire, in order to retain royalties from them, by taking out new patents.

Indian Patent Act allows the evergreening of patents.

Compulsory Licencing is not permitted under the WTO’s TRIPS (IPR) Agreement.

Which of the statements given above is/are correct?

Question

Evergreening of Patent is a corporate, legal, business, and technological strategy for extending/elongating the term of a granted patent in a jurisdiction that is about to expire, in order to retain royalties from them, by taking out new patents.
Section 3(d) of the Indian Patent Act 1970 (amended in 2005) does not allow patents to be granted to inventions involving new forms of a known substance unless it differs significantly in properties with regard to efficacy. This means that the Indian Patent Act does not allow the evergreening of patents.
Compulsory Licencing (CL) is the grant of permission by the government to entities to use, manufacture, import or sell a patented invention without the patent owner’s consent. Patents Act in India deals with CL.
CL is permitted under the WTO’s TRIPS (IPR) Agreement provided conditions such as ‘national emergencies, other circumstances of extreme urgency and anti-competitive practices’ are fulfilled.

GKToday Admin · Accepted Answer

Only 1

Evergreening of Patent is a corporate, legal, business, and technological strategy for extending/elongating the term of a granted patent in a jurisdiction that is about to expire, in order to retain royalties from them, by taking out new patents.
Section 3(d) of the Indian Patent Act 1970 (amended in 2005) does not allow patents to be granted to inventions involving new forms of a known substance unless it differs significantly in properties with regard to efficacy. This means that the Indian Patent Act does not allow the evergreening of patents.
Compulsory Licencing (CL) is the grant of permission by the government to entities to use, manufacture, import or sell a patented invention without the patent owner’s consent. Patents Act in India deals with CL.
CL is permitted under the WTO’s TRIPS (IPR) Agreement provided conditions such as ‘national emergencies, other circumstances of extreme urgency and anti-competitive practices’ are fulfilled.