Consider the following statements regarding lsquo Ever greening rsquo 1 Ever ndash greening is a str...........

Economic Affairs Intellectual Property Rights (IPR)

Consider the following statements regarding ‘Ever-greening’.

1. Ever –greening is a strategy by which producers extend their patents over products that are about to expire, in order to retain royalties.

2. Indian patent law has a clause against ever-greening that rejects patents on substantial inventions.

3. Ever-greening can increase the patent protection (exclusivity) beyond the normal term of 20 years.

Which of the above statement is/are correct?

1 only

2 and 3 only

1 and 3 only

All of the above

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Explanation:

Ever-greening is a practice adopted by pharmaceutical companies under they make minute modification to the existing drug in order to retail the patent for that drug. Section 3(D) of the Indian patent act, 2005 Allows patent authority to reject patents on marginal inventions. In other words patents are granted only for substantial inventions.