POZELIMAB-BBFG | B761339 | REGENERON PHARMACEUTICALS
No 12-year reference-product exclusivity is listed in the Purple Book, and the reference product was first approved Aug. 18, 2023 — 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 | Aug. 18, 2030 | 3y 9mo remaining | carveable orphan wall |
Minimal carve: Dropping the orphan-walled indication(s) (protected through 2030-08-18) 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 |
|---|---|---|
| treatment of adult and pediatric patients 1 year of age and older with CD55-deficient protein-losing enteropathy (PLE), also known as CHAPLE disease(label indication #1) | Aug. 18, 2030 | 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 · Aug. 18, 2030
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 12331109(composition)· AI-discovered, not Purple-Book-listed · relevance 78/100. This caps practical skinny-label entry; it does not move the licensure floor above.
31 formulation/compound (cap skinny entry) · 3 method-of-use (carveable — gate nothing) · 16 device/diagnostic/manufacturing
| Patent | Class | Expiration | Source |
|---|---|---|---|
| 12404505 | Other | Aug. 28, 2045Active | Discovered |
| 12331109 | Formulation/compound | Jun. 12, 2045Active | Discovered |
| 12264343 | Method-of-use (carveable) | Mar. 27, 2045Active | Discovered |
| 12207628 | Formulation/compound | Jan. 23, 2045Active | Discovered |
| 12169203 | Other | Dec. 12, 2044Active | Discovered |
| 12157758 | Formulation/compound | Nov. 28, 2044Active | Discovered |
| 12152067 | Formulation/compound | Nov. 21, 2044Active | Discovered |
| 12089575 | Formulation/compound | Sep. 12, 2044Active | Discovered |
| 12066246 | Other | Aug. 15, 2044Active | Discovered |
| 11952430 | Formulation/compound | Apr. 4, 2044Active | Discovered |
| 11820815 | Formulation/compound | Nov. 16, 2043Active | Discovered |
| 11821001 | Other | Nov. 16, 2043Active | Discovered |
| 11633501 | Formulation/compound | Apr. 20, 2043Active | Discovered |
| 11530255 | Formulation/compound | Dec. 15, 2042Active | Discovered |
| 11407822 | Formulation/compound | Aug. 4, 2042Active | 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 337 AI-discovered patents by relevance.
No patent or exclusivity listings for this strength.