Roche abandons Herceptin patent fight in India

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Roche abandons Herceptin patent fight in India

Swiss pharmaceutical company Roche has ended its attempt to secure patent protection for breast cancer drug Herceptin in India

The company said in a statement emailed to Managing IP that it has decided not to pursue Indian patent 205534 (the secondary patent covering trastuzumab, marketed as Herceptin) and its related divisional applications.

“This decision takes into account the strength of the particular rights and the IP environment in India in general,” said a spokesman for the company.

Roche’s move comes just months after the IP Appellate Board of the country’s IP office upheld a compulsory licence issued to domestic generics company Natco over a Bayer drug, Nexavar. The Committee on Price Negotiation for Patented Drugs later issued a report recommending India issue more such licences.

Last month, however, the Times of India reported that the Department of Industrial Policy and Promotion had refused to issue a compulsory licence for trastuzumab.

Roche’s spokesman added: “While Roche may not have patent protection for Trastuzumab in India, it is important to note that there are currently no approved biosimilars of Trastuzumab in India. We support the Indian Government’s leadership in establishing a pathway and guidelines for the introduction of biosimilars onto the market that is based on science and is designed to ensure product quality and patient safety.”

more from across site and SHARED ros bottom lb

More from across our site

Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
Gift this article