Goyal Criticises Attempts to Secure Pharma Patents Through Minor Innovations

Commerce and Industry Minister Piyush Goyal on Sunday criticised attempts of certain firms to secure pharmaceutical patents through minor incremental innovations, stating that such practices could deprive millions from access to affordable medicines.

Just for the "super-natural" profits of a few companies and their shareholders, the world has to suffer and is deprived of quality and equitable healthcare, he said.

"I received requests very often that we should also allow pharmaceutical companies... to have incremental changes to their patents and allow them to have a fresh patent for another long period of time, which we normally understand that as evergreening of patents.

"It is so sad that just for the profit of a few companies, just for the supernatural profits of a select few companies and possibly their shareholders, the world has to suffer," he said here at an event.

Section 3(d) of the Indian Patents Act, 1970 restricts patents for already-known drugs unless the new claims are superior in terms of efficacy, while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

Certain multi-national firms have asked India to amend these laws, which was strongly opposed.

Evergreening of patent right is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations. It is done when their patent is about to expire.

A patent on the new form would have given the innovator company a 20-year monopoly on the drug.

Goyal also said access to quality healthcare is a critical part of sustainable development and shared India's journey in achieving greater healthcare access for all.