Evergreening in Pharma: How Drug Companies Extend Patents and Block Generics

When a drug company makes a tiny change to an existing medicine—like switching the pill shape, adding a new coating, or combining it with another drug—it can file for a new patent. This trick, called evergreening, a strategy to extend patent life by making minor modifications to existing drugs, isn’t about innovation. It’s about keeping generics off the market longer. The goal? Keep prices high even after the original patent expires. This practice is legal in many countries, but it’s controversial because it directly impacts who can afford life-saving medicines.

generic drugs, lower-cost versions of brand-name medications that become available after patents expire are the lifeline for millions. They make up 90% of U.S. prescriptions but cost just 12% of total drug spending. Yet patent extension, the process of securing new patents on modified versions of existing drugs to delay generic competition keeps these cheaper options locked out. Companies don’t need to prove the new version is better—just different enough to qualify. A new salt form? A new dosage schedule? That’s enough to reset the clock. And while the TRIPS agreement, a global treaty that sets minimum standards for intellectual property rights, including pharmaceutical patents allows countries to use flexibilities like compulsory licensing to access generics, political pressure and legal loopholes often stop them from doing it.

Evergreening isn’t just a technicality—it’s a financial strategy that affects real people. A patient on a $500-a-month drug might be stuck with it for years because the manufacturer released a slightly modified version just before the patent ran out. Meanwhile, the original drug sits on the shelf, waiting for generics to launch… but they never do. The result? Higher costs, longer waits, and unequal access. The posts below show how this plays out in real life: from how the FDA approves generics after patent battles, to how patients struggle with drug interactions because they can’t switch to cheaper alternatives, to how legal loopholes delay access even when the science says generics are safe. You’ll find real examples of how evergreening works, who it hurts, and what tools—like the FDA Orange Book or patent litigation records—can help you see through the noise.