Ocaliva Patent Expiration

Ocaliva is a drug owned by Intercept Pharmaceuticals Inc. It is protected by 10 US drug patents filed from 2016 to 2021. Out of these, 7 drug patents are active and 3 have expired. Ocaliva's patents have been open to challenges since 27 May, 2020. Based on its patents and exclusivities, its generic launch date is estimated to be Apr 26, 2036. Details of Ocaliva's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents protect the active ingredient(API) of the drug. Only drug patent owner can launch products that use this active ingredient until these patents expire.
US10174073 Preparation and uses of obeticholic acid
Jun, 2033

(8 years from now)

Active
USRE48286 Steroids as agonists for FXR
Feb, 2027

(2 years from now)

Active
US7138390 Steroids as agonists for FXR
Nov, 2022

(2 years ago)

Expired
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US10758549 Compositions of obeticholic acid and methods of use
Apr, 2036

(11 years from now)

Active
US10052337 Compositions of obeticholic acid and methods of use
Apr, 2036

(11 years from now)

Active
US10751349 Compositions of obeticholic acid and methods of use
Apr, 2036

(11 years from now)

Active
US10047117 Preparation and uses of obeticholic acid
Sep, 2033

(8 years from now)

Active
US9238673 Preparation and uses of obeticholic acid
Jun, 2033

(8 years from now)

Active
US8058267 Steroids as agonists for FXR
Feb, 2022

(2 years ago)

Expired
US8377916 Steroids as agonists for FXR
Feb, 2022

(2 years ago)

Expired


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Ocaliva's patents.

Given below is the list of recent legal activities going on the following patents of Ocaliva.

Activity Date Patent Number
Patent litigations
Payment of Maintenance Fee, 4th Year, Large Entity 01 Mar, 2024 US10758549
Payment of Maintenance Fee, 4th Year, Large Entity 26 Feb, 2024 US10751349
Expire Patent 18 Dec, 2023 US8058267
Payment of Maintenance Fee, 8th Year, Large Entity 19 Jul, 2023 US9238673
Maintenance Fee Reminder Mailed 03 Jul, 2023 US8058267
Payment of Maintenance Fee, 4th Year, Large Entity 08 Jul, 2022 US10174073
Payment of Maintenance Fee, 4th Year, Large Entity 21 Feb, 2022 US10052337
Payment of Maintenance Fee, 4th Year, Large Entity 14 Feb, 2022 US10047117
Mail-Petition Decision - Granted 06 Nov, 2020 US7138390
Petition Decision - Granted 05 Nov, 2020 US7138390


FDA has granted several exclusivities to Ocaliva. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Ocaliva, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Ocaliva.

Exclusivity Information

Ocaliva holds 3 exclusivities. All of its exclusivities have expired in 2023. Details of Ocaliva's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Chemical Entity Exclusivity(NCE) May 27, 2021
Orphan Drug Exclusivity(ODE) May 27, 2023
Orphan Drug Exclusivity(ODE-119) May 27, 2023

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US patents provide insights into the exclusivity only within the United States, but Ocaliva is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Ocaliva's family patents as well as insights into ongoing legal events on those patents.

Ocaliva's Family Patents

Ocaliva has patent protection in a total of 38 countries. It's US patent count contributes only to 23.2% of its total global patent coverage. 5 countries have all of their patents expired or invalidated which has opened up potential generic launch opportunities in these countries. Click below to unlock the full patent family tree for Ocaliva.

Family Patents

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Generic Launch

Generic Release Date:

Ocaliva's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be Apr 26, 2036 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Ocaliva Generic API suppliers:

Obeticholic Acid is the generic name for the brand Ocaliva. 3 different companies have already filed for the generic of Ocaliva, with Apotex having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Ocaliva's generic

How can I launch a generic of Ocaliva before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Ocaliva's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Ocaliva's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Ocaliva -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
5 mg and 10 mg 27 May, 2020 5 30 May, 2023 26 Apr, 2036 Eligible





About Ocaliva

Ocaliva is a drug owned by Intercept Pharmaceuticals Inc. It is used for treating Primary Biliary Cholangitis (PBC) in adults. Ocaliva uses Obeticholic Acid as an active ingredient. Ocaliva was launched by Intercept Pharms Inc in 2016.

Approval Date:

Ocaliva was approved by FDA for market use on 27 May, 2016.

NCE-1 date:

NCE-1 date also known as the four year date occurs four years after the original drug approval and marks the first opportunity for a generic manufacturer to file an ANDA with a Paragraph IV certification. This is the earliest point when generic competition might begin, provided the challenge is successful. Since the approval date for Ocaliva is 27 May, 2016, its NCE-1 date is estimated to be 27 May, 2020.

Active Ingredient:

Ocaliva uses Obeticholic Acid as the active ingredient. Check out other Drugs and Companies using Obeticholic Acid ingredient

Treatment:

Ocaliva is used for treating Primary Biliary Cholangitis (PBC) in adults.

Dosage:

Ocaliva is available in tablet form for oral use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
5MG TABLET Prescription ORAL
10MG TABLET Prescription ORAL