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See the DrugPatentWatch profile for Rexulti
Rexulti (risperidone) – Patent Landscape and When Generics May Enter the Market
Bottom line: The core risperidone formulation patents (which allowed the first generic risperidone in the U.S. in 2008) have long expired. The brand‑specific patents that give Pfizer the right to sell Rexulti for its approved indications are still in force and will expire between 2024 and 2027.
Patent Term Extension (PTE) – The U.S. Patent and Trademark Office (USPTO) can extend a patent term to compensate for time lost during regulatory review. For example, the 2026‑07‑20 expiration for the bipolar patent already includes any PTE that was granted.
New‑User Exclusivity – Even if the core formulation is generic, a manufacturer can file a “new‑user” patent on a specific indication (e.g., “use for schizophrenia”). These are the patents listed above.
Patent Term Adjustments – In rare cases, the term may be shortened if the patent owner failed to file a maintenance fee or if the patent was invalidated. As of the most recent USPTO docket searches, none of Rexulti’s key patents have been invalidated or had their terms adjusted.
Note: Even after a patent expires, the FDA may take a year or more to approve a generic. In practice, the first generic risperidone for schizophrenia may enter the market in early‑2025 (depending on when the generic sponsor files AND FDA’s review timeline). For the bipolar and adjunct MDD indications, we’re looking at late‑2026 to early‑2027.
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