Patents Misused for Minor Pharma Innovations, Goyal Claims
Union Minister Piyush Goyal raises significant concerns regarding “evergreening” practices in the pharmaceutical industry, advocating for authentic innovation rather than simple modifications.
Introduction: Standing Against Patent Evergreening
In a firm stance that could have significant implications for the pharmaceutical industry, Union Minister of Commerce and Industry Piyush Goyal has sharply criticized companies’ attempts to secure patent extensions through minor or trivial innovations.
Speaking at a recent public event focused on intellectual property rights (IPR) and innovation, Goyal emphasized that such practices undermine the spirit of genuine innovation and hinder affordable healthcare access, particularly in developing nations.
His comments have rekindled the ongoing debate about the “evergreening” of patents, a controversial practice in which pharmaceutical companies attempt to prolong the life of their patents through marginal modifications to existing drugs.
The Problem: Minor Tweaks, Major Profits
At the heart of Goyal’s criticism is the practice by some drug manufacturers to:
Modify the chemical structure of existing medications slightly.
Alter delivery mechanisms (like extended-release versions).
Adjust the dosage forms or treatment protocols slightly.
Such tweaks are then used to seek new patents, extending exclusivity rights beyond the original 20-year period guaranteed by global patent norms.
Goyal warned that this tactic blocks the entry of cheaper generic medicines, prevents healthy market competition, and artificially inflates healthcare costs for patients, governments, and insurance providers.
“Patents must be granted for truly path-breaking innovations that demonstrate real therapeutic advances,” Goyal said. “We must not allow a few marginal modifications to stifle competition and deny the common man affordable medicines.”
India’s Global Role in the Fight for Affordable Medicines
India, often called the “Pharmacy of the World,” has played a crucial role in providing low-cost generic medicines to millions across Africa, Asia, and Latin America.
Thanks to strong generic industry and judicious patent law interpretations, Indian pharmaceutical firms have been able to manufacture and export vital treatments for:
HIV/AIDS
Tuberculosis
Malaria
Cancer
Goyal stressed that India’s Section 3(d) of the Indian Patents Act, which bars the patenting of incremental innovations unless they significantly enhance therapeutic efficacy, must be upheld and strengthened.
“India has fought long battles at the WTO and other international forums to protect its right to use TRIPS flexibilities for public health. We cannot allow our achievements to be eroded by weak enforcement against patent evergreening,” Goyal added.
Global Pressure and Corporate Pushback
The Minister’s remarks come amid mounting pressure from multinational pharmaceutical companies and some Western governments seeking stronger patent protections in India.
These entities often argue that even minor innovations involve significant R&D investments and deserve intellectual property protection to encourage continued innovation.
However, Goyal pushed back firmly against these arguments, asserting:
Genuine innovation should result in significant clinical benefits.
The safeguarding of public health should take precedence over corporate profits.
It’s important to maintain regulatory and legal oversight in order to filter out trivial patents.
He emphasized the government’s commitment to balancing innovation incentives with societal needs, ensuring India’s IPR policies do not become tools for monopolistic practices.
Need for a Collaborative Innovation Ecosystem
Instead of focusing on incremental gains, Goyal urged the Indian pharmaceutical sector to invest more deeply in original R&D, new drug discovery, and biosimilar development.
He called for collaboration between academia, startups, and major pharma companies to build a stronger innovation pipeline rooted in high-impact research rather than surface-level tweaks.
“India’s future is not only about being the world’s pharmacy but also about becoming a hub for innovative treatments that can transform healthcare globally,” he stated, presenting a vision of cost-effective innovation that aligns with the nation’s development objectives.
Looking Ahead: Strengthening Patent Examination and Public Health Safeguards
Following Goyal’s remarks, experts expect:
The Indian Patent Office is now applying more rigorous scrutiny during the patent examination process.
Heightened scrutiny of secondary patent applications by advocacy groups focused on public interest.
Encouragement of generic competition to improve affordability and accessibility.
India’s stance will also likely influence global discourse, particularly among other developing nations advocating for more balanced and equitable IPR frameworks.
Conclusion: Prioritizing True Innovation and Public Good
Piyush Goyal’s criticism affirms India’s long-standing commitment to affordable healthcare, genuine innovation, and equitable intellectual property practices.
As India strides forward as a pharmaceutical powerhouse and a knowledge economy, policymakers seem determined to ensure that innovation protection does not come at the cost of public welfare.
India seeks to cultivate a pharmaceutical environment that balances innovation and accessibility by opposing evergreening and promoting transformative advancements.
The image added is for representation purposes only
