Genentech may appeal US PTO's ruling against Cabilly patent

3 March 2008

US biotechnology firm Genentech says it may appeal a decision by the Patent and Trademark Office to reject the validity of the so-called Cabilly patent, which covers its method of producing certain drugs. The firm, which is majority-owned by Swiss drug major Roche, stressed its faith in the patent and stated that an appeal could take upwards of one to two years. According to Reuters, several major US biotechnology firms pay royalties to Genentech on the basis of the patent, which was awarded in 2001, giving it a potential expiry date of 2018.

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