The Swiss pharmaceutical giant 'Roche Holding AG' has decided not to pursue the patent no. 205534 granted in India for breast cancer drug Herceptin which was otherwise valid till 2019.
As per the Indian Patent Office the 15th year Annuity for the maintenance of the patent was due on 03.05.2013, however the same was not paid on time due to which the patent ceased on 03.05.2013. Though the company still had time till 03.11.2013 to pay the fee and claim its patent, provided a requested for an extension of time was made in Form-4 before 03.05.2013. Assuming that this provision does not exist for this company anymore, the Patentee still has an option to file an application under Section 60 of the Patents Act, 1970 for "restoration of a lapsed patent".
As reported by the Economic Times (VYA RAJAGOPAL, ET Bureau Aug 16, 2013, 03.26AM IST) Roche let the patent for Herceptin lapse in May this year, however, it will continue to enforce all other patents in India and remains committed to working with the Indian government.
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