Research into the impact of evergreen patents in Thailand, carried out by pharmacist Ms Usawadee Maleewong from the Health Systems Research Institute (HSRI), found that over 2,188 requests for patent protection were submitted to the Department of Intellectual Property between 2000 and 2010. Of these, only 12 (0.05%) were from Thai companies, with the rest submitted by foreign multinational drugmakers (American, British, French, German, Swedish or Swiss). American drug companies submitted the most patent requests (736) during this period.

The study revealed that most patent requests in Thailand (84%) were made in order to extend the patent term on an existing drug or for a new patent for which only minor changes had been made to an existing formula.

The Patent Department in Thailand has approved 31 requests to date, thereby granting continued protection to patent recipients for more than 20 years, or throughout the lifetime of the medication—which could mean indefinitely.

Ms Usawadee Maleewong said that ‘evergreen patents could block competition and access to affordable medicine.’ The research also showed that this practice had cost Thailand Baht 1.1 billion during 1999–2010 due to extra expenses for medicines. Ms Maleewong estimated that this strategy of evergreening has created monopolies in Thailand worth Baht 8.4 billion during the period of 1996–2021. She also estimated that if the Department of Intellectual Property implemented guidelines to prevent evergreening patents, Thailand could save as much as Baht 8.5 billion in pharmaceutical expenses.

The HSRI plans to submit the results of the study to the Department of Intellectual Property in Thailand and is urging the department to amend the Patents Act and application process in order to prevent this process, thus protecting Thais from big companies’ exploitation of evergreen patents and improving access to medicines in Thailand.

Please check the MSF Access Campaign on the effect on access to medicines using ‘evergreening’ drugs strategy.

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