Abilify generics — when can they launch?
Abilify (aripiprazole) · Generic (originally Otsuka/BMS) · 214 active US patents · 6 expired
Where Abilify sits in the generic timeline
All listed Orange Book patents for Abilify have expired. Generic entry is permitted, and ANDA filers can launch without patent infringement risk. Hatch-Waxman exclusivity (NCE/ODE/PED) may still apply if recently approved.
Under US Hatch-Waxman, a generic enters via an ANDA (Abbreviated New Drug Application) and may file with one of four Paragraph IV certifications attacking the brand's listed patents. If the brand sues within 45 days, a 30-month FDA approval stay is triggered. First Para IV filer typically gets 180-day market exclusivity.
Patent estate by type — active patents
Method-of-use patents only carve out specific indications; generics can launch with a "skinny label" omitting those uses. Composition-of-matter patents block the molecule itself.
- Formulation — 115 patents
- Method of Use — 99 patents
FDA U-codes carved out by Abilify patents
Method-of-use patents are listed against specific FDA Patent Use Codes ("U-codes") representing carved-out indications. Generics can launch with a label that omits these uses.
| U-code | Description |
|---|---|
U-1749 | (no description) |
U-1529 | (no description) |
U-2169 | (no description) |
U-2170 | (no description) |
U-2167 | (no description) |
U-3245 | (no description) |
U-814 | (no description) |
U-543 | (no description) |
U-1632 | (no description) |
U-2168 | (no description) |
U-2723 | (no description) |
Sample patent estate
Showing 6 of 214 active US patents. View full estate on the Abilify drug page →
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This patent protects a pharmaceutical composition that combines a carbostyril derivative, such as aripiprazole, with a mood stabilizer to treat mood disorders.USPTO title: Carbostyril derivatives and mood stabilizers for treating mood disorders
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This patent protects a pharmaceutical composition that combines a carbostyril derivative, such as aripiprazole, with a mood stabilizer to treat mood disorders.USPTO title: Carbostyril derivatives and mood stabilizers for treating mood disorders
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This patent protects a pharmaceutical composition that combines a carbostyril derivative, such as aripiprazole, with a mood stabilizer to treat mood disorders.USPTO title: Carbostyril derivatives and mood stabilizers for treating mood disorders
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This patent protects a pharmaceutical composition that combines a carbostyril derivative, such as aripiprazole, with a mood stabilizer to treat mood disorders.USPTO title: Carbostyril derivatives and mood stabilizers for treating mood disorders
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This patent protects a pharmaceutical composition that combines a carbostyril derivative, such as aripiprazole, with a mood stabilizer to treat mood disorders.USPTO title: Carbostyril derivatives and mood stabilizers for treating mood disorders
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This patent protects a pharmaceutical composition that combines a carbostyril derivative, such as aripiprazole, with a mood stabilizer to treat mood disorders.USPTO title: Carbostyril derivatives and mood stabilizers for treating mood disorders
Sources
- FDA Orange Book — patents listed against Abilify (NDA filed 2002)
- Abilify drug profile — full patent estate, indications, clinical trials, pricing
- Generic (originally Otsuka/BMS) patent portfolio
- Patent cliff 2026 — every drug losing US exclusivity that year
Patent term extensions (PTR, pediatric exclusivity), Hatch-Waxman 30-month stays, and FDA regulatory exclusivity (NCE/ODE/PED) may shift the effective generic entry date. Not legal advice.
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