Indonesia Court Strikes Down 'Patent Evergreening' Law — SkimNews
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- Indonesia's Constitutional Court struck down a provision allowing 'patent evergreening,' ruling that a two-year-old amendment removing the original prohibition was unconstitutional.
- The court determined the original restriction is needed to balance patent holders' rights with the broader public interest, particularly public health.
- Patent evergreening is a tactic drugmakers use to file additional patents containing minor tweaks to existing medicines, ultimately forestalling competition.
- Patient and advocacy groups brought the case to the Constitutional Court.
- Patient advocates say the decision sends a critical message to other countries to challenge the industry practice.
Why it matters: By restoring Indonesia's prohibition on patent evergreening, the court reopens competition for medicines that companies had shielded from generic rivals through minor patent tweaks. Patient advocates say the ruling signals that other countries can successfully mount similar constitutional challenges, shifting leverage in drug-access fights toward public health over patent-holding drugmakers.
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