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 2025

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

Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
Gift this article