Abuse of the Patent System by the Pharmaceutical Industry through Evergreening: An Analytical Study in the Indian Context

India’s pharmaceutical patent regime creates harmony between incentivising innovation and ensuring access to affordable medicines. India has always been a state which works for the welfare of its people and which is also reflected in its healthcare policies. Major challenges in front of the Indian healthcare system are providing affordable medical facilities and medicines to the people. Generic medicines are available to the public at affordable price due to anti-evergreening laws. Laws governing evergreening are critically regulated so that only deserved and novel innovation can move forward. This research article will study the Indian legislative and judicial approach towards shaping anti-evergreening jurisprudence. The study will explore the dynamics between India’s domestic priorities and its international obligations. Ultimately, this article talks about how improvements are necessary, and India’s framework gives a structure that can be useful for developing nation seeking to create parallel between patent protection and social welfare.