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Indonesian court blocks drug patent evergreening tactic

9/24/2026

An Indonesian court struck down a legal provision that permitted patent evergreening, a strategy where pharmaceutical companies file new patents for minor changes to existing medicines to delay generic competition.

The ruling marks a significant shift in the global debate over access to medicines.

The Constitutional Court determined that a two-year-old amendment, which had previously removed a ban on this practice, was unconstitutional.

The court found that the original restriction is necessary to balance the rights of patent holders against the broader public interest, particularly public health.

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