Generic entry timeline

Osphena generics — when can they launch?

Osphena (OSPEMIFENE) · Duchesnay · 2 active US patents · 0 expired

Earliest patent expiry
2026-08-11
expired
Full patent estate to
2028-07-09
complete protection through 2028
FDA approval
2013
Duchesnay

Where Osphena sits in the generic timeline

All listed Orange Book patents for Osphena 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.

  • Method of Use — 1 patent
  • Formulation — 1 patent

FDA U-codes carved out by Osphena 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-905(no description)

Sample patent estate

Showing 2 of 2 active US patents. View full estate on the Osphena drug page →

  • US8236861 Method of Use · expires 2026-08-11
    This patent protects a method for increasing the effectiveness of a specific type of medication when taken orally with food.
    USPTO title: Method for enhancing the bioavailablity of ospemifene
  • US8642079 Formulation · expires 2028-07-09
    This patent protects solid formulations of ospemifene, specifically granulates containing the active compound and intra-granular excipients.
    USPTO title: Solid formulations of ospemifene

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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