The Green, Green Grass of Evergreening Patents

The Green, Green Grass of Evergreening Patents
Claudia Chamas and Roberto Reis, Fundação Oswaldo Cruz, Rio de Janeiro

978-94-035-0330-1
Kluwer Law International BV, The Netherlands

This topic concerns tensions between the limited duration of patents and attempts to extend such duration by filing, marketing or enforcement strategies, thereby creating legal uncertainty and a possibly unlawful deterrent for possible competitors. Due to the complex interplay between law and technology, it is particularly difficult to determine what should be legitimate interests of the patentee to preserve its monopolistic rights, and what should be considered abusive.