Drug & Regulatory STAT News

STAT+: Indonesian ruling against ‘patent evergreening’ by pharma industry sends critical message, patient advocates say

Indonesiapatent evergreeningdrug patentsaccess to medicines

Indonesia’s Constitutional Court has ruled that a two-year-old amendment to a law—which had removed a prohibition on “patent evergreening”—was unconstitutional, effectively restoring the ban. The court decided the original restriction is needed to balance the rights of patent holders with the broader public interest, particularly public health.

The case was brought by several patients and advocacy groups. Patent evergreening refers to the tactic of drugmakers filing additional patents containing minor tweaks to existing medicines, which can ultimately forestall competition.

Patient advocates said the decision sends an important message to other countries to challenge the industry practice, framing it as part of the latest battle over access to medicines.

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