Indonesian ruling against 'patent evergreening' by pharma industry sends critical message, patient advocates say

A court in Indonesia has ruled against a pharmaceutical company’s use of “patent evergreening,” a practice in which minor modifications to existing drugs are patented to extend market exclusivity beyond the life of the original patent. STAT News reports that patient advocates are characterizing the decision as sending a significant signal to other jurisdictions considering similar challenges to the pharmaceutical industry’s patenting practices.

According to the report, the ruling addresses a pattern in which companies file secondary patents on existing medicines, covering aspects such as new formulations, dosing regimens, or methods of use, without demonstrating the kind of substantive innovation that would justify additional years of market protection. Advocates cited in the piece argue that this practice has kept prices elevated on treatments after their original patents have lapsed, delaying the entry of lower-cost generic or biosimilar alternatives.

The outcome is being watched beyond Indonesia’s borders, per STAT News, with patient groups suggesting the case could inform strategies in other countries grappling with access barriers tied to extended patent terms. The report frames the decision within a broader ongoing debate over how patent systems balance incentives for pharmaceutical innovation against public access to medicines, particularly in lower- and middle-income countries where drug pricing can have an outsized effect on availability of treatment.

STAT News did not report the specific medicine or company involved in the underlying case in the material provided.