ABATACEPT | B125118 | BRISTOL MYERS SQUIBB
No 12-year reference-product exclusivity is listed in the Purple Book, and the reference product was first approved Dec. 23, 2005 — before BPCIA (March 23, 2010), so any 12-year exclusivity has long expired.
Full-label vs. best-skinny biosimilar entry
| Scenario | Date | Status | Controlling |
|---|---|---|---|
| Best-skinny entry (floor) | Open now | Open now | no live licensure floor |
| Full-label entry | Dec. 15, 2028 | 2y 5mo remaining | carveable orphan wall |
Minimal carve: Dropping the orphan-walled indication ("prophylaxis of acute graft versus host disease (aGVHD) in adults and pediatric patients 2 years of age and older undergoing hematopoietic stem cell transplantation (HSCT) from a matched or 1 allele-mismatched unrelated-donor", protected through 2028-12-15) advances biosimilar entry from the full-label date to now (no remaining licensure floor).
Carve frontier · drop each orphan-walled indication to advance entry
| Drop this orphan-walled indication | Walled through | → Entry advances to |
|---|---|---|
| prophylaxis of acute graft versus host disease (aGVHD) in adults and pediatric patients 2 years of age and older undergoing hematopoietic stem cell transplantation (HSCT) from a matched or 1 allele-mismatched unrelated-donor(label indication #4) | Dec. 15, 2028 | Open now(12-yr RPE floor) |
Each rung drops one orphan-designated indication (sourced from the FDA Orphan Drug Product designation database and matched to the reference label); dropping the latest-walled indication advances biosimilar entry to the next constraint, until every orphan wall is carved and entry reaches the RPE floor.
Carveable orphan wall · Dec. 15, 2028
Orphan-drug exclusivity runs past the licensure floor, but it walls only its specific orphan-designated indication(s). A biosimilar can omit those indications (a “fewer-than-all-conditions” carve-out) and be licensed for the rest now, then add the protected indication back by supplement once the orphan period expires. It is not a licensure gate for the other indications.
Marketing-entry ceiling (litigation risk)
Patents do not gate FDA licensure of a biosimilar — FDA licenses biosimilars (full or carved label) without adjudicating any patent. These are a practical marketing-entry ceiling resolved in the § 262(l) patent dance and ordinary litigation. A formulation/compound patent caps practical skinny entry via litigation (Regeneron v. Mylan); a method-of-use patent is carveable and gates nothing.
Latest formulation/compound patent 12419953(composition)· AI-discovered, not Purple-Book-listed · relevance 75/100. This caps practical skinny-label entry; it does not move the licensure floor above.
35 formulation/compound (cap skinny entry) · 11 method-of-use (carveable — gate nothing) · 4 device/diagnostic/manufacturing
| Patent | Class | Expiration | Source |
|---|---|---|---|
| 12441780 | Method-of-use (carveable) | Oct. 9, 2045Active | Discovered |
| 12419953 | Formulation/compound | Sep. 18, 2045Active | Discovered |
| 12030923 | Formulation/compound | Jul. 4, 2044Active | Discovered |
| 12012452 | Formulation/compound | Jun. 13, 2044Active | Discovered |
| 11261233 | Formulation/compound | Feb. 24, 2042Active | Discovered |
| 10808021 | Formulation/compound | Oct. 15, 2040Active | Discovered |
| 10590183 | Formulation/compound | Mar. 12, 2040Active | Discovered |
| 10370428 | Formulation/compound | Aug. 1, 2039Active | Discovered |
| 10265401 | Formulation/compound | Apr. 18, 2039Active | Discovered |
| 10052360 | Method-of-use (carveable) | Aug. 16, 2038Active | Discovered |
| 9926365 | Formulation/compound | Mar. 22, 2038Active | Discovered |
| 9884902 | Formulation/compound | Feb. 1, 2038Active | Discovered |
| 9758565 | Formulation/compound | Sep. 7, 2037Active | Discovered |
| 9573999 | Method-of-use (carveable) | Feb. 16, 2037Active | Discovered |
| 9469676 | Formulation/compound | Oct. 13, 2036Active | Discovered |
Showing 15 of 50 patents (latest expirations).
Disclaimer: Identifying an available carve-out is not a prediction that FDA will approve the particular carved label, nor that marketing it is free of infringement risk. For biologics, availability turns on exclusivities, not patents: FDA licenses a biosimilar (full or carved label) without adjudicating any patent, and patent disputes run through the § 262(l) patent dance and ordinary litigation, outside this availability view.
Top 50 of 203 AI-discovered patents by relevance.
No patent or exclusivity listings for this strength.