tag:blogger.com,1999:blog-5574479.post2524357617694435034..comments2024-03-28T08:10:18.991+00:00Comments on The IPKat: Guest Post: New anti-evergreening patent law in UkraineVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-9487631064910616632020-11-18T06:04:35.804+00:002020-11-18T06:04:35.804+00:00This comment has been removed by a blog administrator.Shubham Singh Rajputhttps://www.blogger.com/profile/14340182918908143707noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-28758359174291372152020-10-11T21:40:22.194+01:002020-10-11T21:40:22.194+01:00Well, if patents are granted on subject matter whi...Well, if patents are granted on subject matter which was already known, then this is rather a problem of bad examination process in a patent office rather than a problem of bad legislation... Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-10652573216281014272020-10-10T16:06:03.925+01:002020-10-10T16:06:03.925+01:00I do partialy agree to your theoretical approach, ...I do partialy agree to your theoretical approach, which would of course give actually a longer advantage to the one company finding a better form (with advantageous properities) and leaving others to use the other one(s). But, unfortunately, in reality, such secondary patents are for example granted despite such form was already known (e.g. from the compound patent) and this then has to be put forward by the opponents trying to invalidate such secondary patents, where the one form that is subeject to evergreening is for example the only viable option for a pharmaceutical composition. This then, unfortunately poses bariers for chepear and affordable medicines. The Indian Sec.3d and the aforementoned new provision in the Ukrainian law just gives a bit higher pressure on the patentee to prove such advantageous properities, which have to be linked (usually) with an efficacy, which makes sense and would then make such a form a real invention.jkivalsnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11562481141445113742020-10-08T15:15:22.811+01:002020-10-08T15:15:22.811+01:00Patent evergreening is a hot topic everywhere, but...Patent evergreening is a hot topic everywhere, but I'm not sure whether everyone involved has understood the patent system. <br /><br />If companies patent new forms of a known drug then generally because the known form is going off patent. That's what is called evergreening. But in fact everyone is free to produce and market the old form then, so this is not a bar to cheap medicines. <br /><br />If the new form doesn't bring any advantage, why don't just market the old one? No-one is obliged to use the new one. <br /><br />If the new form does have advantages, then maybe there is an invention behind that should be rewarded with a patent?<br /><br />Also improvements of known forms require research investments. Who is going to spend money on such research if he will be immediately copied by competitors who did not have to bear these costs?<br /><br />Medicines for treating the diseases mentioned in the above article are not expensive because of evergreening patents, but because the basic patent is still in force. If this is considered a problem it has to be addressed in a different way. Anonymousnoreply@blogger.com