SpicyIP Tidbit: Has Genentech’s main Herceptin patent lapsed?

During the course of the last ten days, while researching on the story related to Herceptin’s divisional patents, we came across this interesting factoid on the main Herceptin patent: 205534. As per the e-register on the patent office website, accessible over here, you will note that this patent has ceased as of May 3, 2013. 

From the patent register, it appears that Genentech has not paid the annual renewal fees before the statutory deadline. The last payment recorded in the e-register was on March 30, 20123. As per the Patent Act, a patent has to be renewed every year, failing which it can be removed from the patent register unless the patentee files an application seeking restoration of the patent. Even if an application for restoration was to be filed within the statutory time period of 18 months. The Controller can allow such an application only if the patentee is able to give valid enough reasons for the delay in paying the renewal fees. 

Given the several inaccuracies on the website of the patent office it is entirely possible that Genentech has paid the patent office the renewal fees and the same has not been recorded in the e-register by the patent office. An email to the Controller-General seeking verification on this point has remained unanswered. Given that Genentech has been missing deadlines on its divisionals, it is possible that it missed even this deadline. Wouldn’t that be a pity for Genentech? 

Any clarifications on this point will be more than welcome.