Generic for Roche's Herceptin unlikely to hit market anytime soon

Even though the Kolkata Patent Office recently abandoned three divisional patent application by Swiss multinational Roche for its sub inventions of a popular anti cancer drug Herceptin and the government is evaluating options to issue compulsory licence on the drug, experts say generic version of the drug is unlikely to hit the market anytime soon. As a result, price of the drug   would continue to be the same. According to trade sources, the drug is currently sold by Roche at around Rs 1,34,000 per vial, which narrows down to around Rs 92,000 after some discounts. The company also sells the medicine under a different brand name through another drug maker Emcure, which sells it at around Rs 70,000 per vial.

 

According to experts, the Kolkata patent office's decision will not help generic inflow of the drug because the company retains the compound patent on the drug. besides, if generic makers attempt to launch cheaper verison of the drug, it is likely to trigger patent

infringement litigation.

 

On the other hand, government's proposal to  issue compulsory licence for the drug under section 92 is also ridiculed by various health experts. "It is a biotech drug and developing a generic is not a easy proposition. There are technical as well as regulatory hurdles. Besides, generic makers will have to make huge investments, which is not possible without committment from the government," said a patent activist.