RESEARCH PAPER ON ABUSE1 OF PHARMACEUTICAL PATENTS
AUTHOR – GRACY TRIPATHI, STUDENT AT AMITY LAW SCHOOL, NOIDA
BEST CITATION – GRACY TRIPATHI, RESEARCH PAPER ON ABUSE1 OF PHARMACEUTICAL PATENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 777-785, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The abuse of pharmaceutical patents has become a growing concern in the global healthcare system. While patent protection is intended to promote innovation by granting temporary market exclusivity to drug developers, this system is often exploited to delay the entry of affordable generic medicines. Practices such as patent evergreening, strategic litigation, and the creation of patent thickets enable pharmaceutical companies to maintain monopolies far beyond the original intent of patent laws. This abuse not only inflates drug prices but also restricts access to life-saving treatments, particularly in developing and under-resourced regions. This explores the various forms of patent abuse, its impact on public health and healthcare systems, and the urgent need for policy reforms. Emphasizing the balance between rewarding innovation and ensuring equitable access to medicines, the study calls for stricter regulatory oversight and global collaboration to prevent the misuse of intellectual property rights in the pharmaceutical industry.