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The Kolkata Patent Office has clarified that it has not partially revoked the patent granted to Swiss drugmaker Roche for its breast cancer drug Herceptin as reported by the global media.
Roche’s applications have not been revoked but were treated “as withdrawn due to non-filing of Request for Examination within the prescribed time or abandoned due to incorrect filing”, the Patent Office said in a detailed note released on Monday.
Schweiz am Sonntag , A Swiss newspaper had reported that the Kolkata Patent Office had lifted divisional patents for Herceptin on July 17 on the grounds that they had not been properly submitted.
The Patent Office’s statement also made it clear that the drugmaker had been given sufficient opportunity of being heard before the matter was disposed of.
“Before the Controllers issued their decisions, the applicants were given due opportunity of being heard but the applicants have chosen not to attend.”
“Still thereafter, the applicant may explore further legal possibilities, as they so desire,” it said.
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