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

Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Gift this article