Generic entry timeline

Abilify generics — when can they launch?

Abilify (aripiprazole) · Generic (originally Otsuka/BMS) · 214 active US patents · 6 expired

Earliest patent expiry
2026-07-28
expired
Full patent estate to
2041-12-15
complete protection through 2041
FDA approval
2002-11-15
Generic (originally Otsuka/BMS)

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-codeDescription
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 →

  • US9125939 Method of Use · expires 2026-07-28
    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
  • US9125939 Method of Use · expires 2026-07-28
    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
  • US9125939 Method of Use · expires 2026-07-28
    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
  • US9125939 Method of Use · expires 2026-07-28
    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
  • US9125939 Method of Use · expires 2026-07-28
    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
  • US9125939 Method of Use · expires 2026-07-28
    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

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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