• Rishabh Joshi
• Dr. Vishal Sharma

Pharmaceutical patent protection significantly influences access to medicines, public health policy, and innovation incentives. The practice of patent evergreening, whereby patent holders seek extended monopoly through incremental modifications of known drugs, has raised serious legal and ethical concerns. To address this issue, India incorporated Section 3(d) into the Patents Act, 1970, introducing an additional requirement of enhanced therapeutic efficacy for patentability of new forms of known substances. This research paper examines whether Section 3(d) has effectively curtailed pharmaceutical patent evergreening in India. Adopting a doctrinal and analytical research methodology, the study evaluates statutory provisions, judicial interpretation, and practical enforcement trends. The analysis reveals that while Section 3(d) has substantially restricted frivolous secondary patents and facilitated generic entry, inconsistent interpretation and administrative limitations continue to affect its full effectiveness.

Pharmaceutical Patents, Section 3(d), Evergreening, Patent Law, Public Health

"Effectiveness of Section 3(d) of the Indian Patents Act, 1970 in Preventing Evergreening of Pharmaceutical Patents", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.13, Issue 1, page no.f105-f107, January-2026, Available :http://www.jetir.org/papers/JETIR2601515.pdf

"Effectiveness of Section 3(d) of the Indian Patents Act, 1970 in Preventing Evergreening of Pharmaceutical Patents", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.13, Issue 1, page no. ppf105-f107, January-2026, Available at : http://www.jetir.org/papers/JETIR2601515.pdf