The US Patent & Trademark Office (USPTO) has granted reissue patent RE41,065 to OSI Pharmaceuticals (OSI) replacing Tarceva’s (erlotinib) composition of matter patent (formerly No.5,747,498).
The company had applied for the reissue patent in February 2008, and on September 17, 2009, the USPTO had issued a Notice of Allowance accepting the company’s application to correct certain errors relating to the claiming of compounds, other than Tarceva, which had fallen outside of the scope of the main claim of the patent.
The company said that the reissue patent will have the same November 18, 2018 expiration date (excluding any potential six-month pediatric exclusivity period) as the original ‘498 patent.
Colin Goddard, CEO of OSI Pharmaceuticals, said: “We believe the reissue of the Tarceva patent, which now includes a claim that solely identifies Tarceva, is a highly successful outcome. In addition, we view this reissue grant as a positive step in managing generic challenges to the Tarceva patent estate.”