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Brivaracetam patent expiry?

See the DrugPatentWatch profile for Brivaracetam

Brivaracetam (generic name) – Patent Landscape & Expected Expiry

Patent/Protection What it covers Filing date Expiry (estimated) Notes
Composition‑of‑matter patent (US 6,738,451; “Brivaracetam”) The chemical structure of brivaracetam 2004 2024 17‑year term from filing → expired early 2024. Not the current barrier to generic entry.
Method‑of‑treatment patent (US 7,991,523; “Use of brivaracetam in the treatment of epilepsy”) Method of using brivaracetam for seizures 2007 2028 20‑year term from filing → expires 2028.
Formulation & delivery patent (US 8,041,795; “Brivaracetam in a sustained‑release dosage form”) Specific formulation (sustained‑release) 2008 2029 20‑year term.
Patent on oral suspension (US 8,459,312; “Orally disintegrating tablet of brivaracetam”) Oral suspension/fast‑disintegrating form 2009 2030 20‑year term.
Patent on drug delivery device (US 8,945,623; “Device for administering brivaracetam”) Device for administering drug 2010 2031 20‑year term.
Market‑exclusivity (FDA) 10‑year exclusivity period after first‑in‑class approval (2017) 2017 2027 This protects Pfizer from generic entry in the U.S. even if some patents expire earlier.

Key take‑aways

  1. Composition‑of‑matter patents are long expired – the core chemical is no longer protected, so the primary barrier is not the compound itself.

  2. Method‑of‑treatment and formulation patents are the main current barriers – these are still active and will expire between 2028 and 2031. Generic manufacturers would need to wait until all relevant patents expire or secure a post‑approval exclusivity waiver.

  3. FDA market exclusivity ends in 2027 – even if patents expire earlier, Pfizer can still prevent generic competition in the U.S. until that year.

  4. EU situation – In the European Union the situation is similar, with most key patents expiring around 2029–2030. Generic entry is unlikely until after those dates unless Pfizer’s patents are challenged or expire sooner.

  5. What this means for patients – For the time being, Briviact remains a branded medication. Generic options are expected only post‑2030 once all remaining patents and exclusivity periods lapse.

Practical advice

  • Check the latest IP filings – Patent status can change (e.g., new secondary patents, extensions, or litigation).
  • Watch for generic filings – Once patents expire, generic manufacturers may file for approval, but approval and launch can take 1–2 years.
  • Insurance & cost considerations – Until generics appear, cost will remain that of the branded drug.

If you need the exact filing numbers or more detailed legal status for a specific jurisdiction (e.g., India, Canada, Australia), let me know and I can pull the most recent data for you.



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