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.[1] 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. [2]
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. [3]
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