Last Updated: October 6, 2026

empagliflozin - Profile


✉ Email this page to a colleague

« Back to Dashboard


What are the generic sources for empagliflozin and what is the scope of freedom to operate?

Empagliflozin is the generic ingredient in seven branded drugs marketed by Zydus Pharms and Boehringer Ingelheim, and is included in seven NDAs. There are thirty-one patents protecting this compound and one Paragraph IV challenge. Additional information is available in the individual branded drug profile pages.

There are twenty-one tentative approvals for this compound.

Summary for empagliflozin
International Patents:436
US Patents:30
Tradenames:7
Applicants:2
NDAs:7
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for empagliflozin
DrugPatentWatch® Estimated Loss of Exclusivity (LOE) Date for empagliflozin
Generic Entry Date for empagliflozin*:
Constraining patent/regulatory exclusivity:
Dosage:

TABLET;ORAL

*The generic entry opportunity date is the latter of the last compound-claiming patent and the last regulatory exclusivity protection. Many factors can influence early or later generic entry. This date is provided as a rough estimate of generic entry potential and should not be used as an independent source.

Generic filers with tentative approvals for EMPAGLIFLOZIN
Applicant Application No. Strength Dosage Form
⤷  Start Trial⤷  Start Trial5MG;1000MGTABLET, EXTENDED RELEASE;ORAL
⤷  Start Trial⤷  Start Trial25MG;5MGTABLET;ORAL
⤷  Start Trial⤷  Start Trial25MGTABLET;ORAL

The 'tentative' approval signifies that the product meets all FDA standards for marketing, and, but for the patents / regulatory protections, it would approved.

Paragraph IV (Patent) Challenges for EMPAGLIFLOZIN
Tradename Dosage Ingredient Strength NDA ANDAs Submitted Submissiondate
JARDIANCE Tablets empagliflozin 10 mg and 25 mg 204629 14 2018-08-01

US Patents and Regulatory Information for empagliflozin

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Zydus Pharms EMPAGLIFLOZIN empagliflozin TABLET;ORAL 212138-001 Aug 3, 2022 DISCN No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Zydus Pharms EMPAGLIFLOZIN empagliflozin TABLET;ORAL 212138-002 Aug 3, 2022 DISCN No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Boehringer Ingelheim JARDIANCE empagliflozin TABLET;ORAL 204629-001 Aug 1, 2014 RX Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Boehringer Ingelheim JARDIANCE empagliflozin TABLET;ORAL 204629-001 Aug 1, 2014 RX Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Boehringer Ingelheim JARDIANCE empagliflozin TABLET;ORAL 204629-001 Aug 1, 2014 RX Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Exclusivity Expiration

EU/EMA Drug Approvals for empagliflozin

Company Drugname Inn Product Number / Indication Status Generic Biosimilar Orphan Marketing Authorisation Marketing Refusal
Boehringer Ingelheim International GmbH Jardiance empagliflozin EMEA/H/C/002677Type 2 diabetes mellitusJardiance is indicated for the treatment of adults with insufficiently controlled type 2 diabetes mellitus as an adjunct to diet and exerciseas monotherapy when metformin is considered in addition to other medicinal products for the treatment of diabetesFor study results with respect to combinations of therapies, effects on glycaemic control, and cardiovascular and renal events, and the populations studied, see sections 4.4, 4.5 and 5.1. of the annex.Heart failureJardiance is indicated in adults for the treatment of symptomatic chronic heart failure. Chronic kidney diseaseJardiance is indicated in adults for the treatment of chronic kidney disease.  Authorised no no no 2014-05-22
>Company >Drugname >Inn >Product Number / Indication >Status >Generic >Biosimilar >Orphan >Marketing Authorisation >Marketing Refusal

International Patents for empagliflozin

Country Patent Number Title Estimated Expiration
Australia 2014247092 ⤷  Start Trial
Canada 2812519 ⤷  Start Trial
Canada 2908635 ⤷  Start Trial
Canada 3121761 ⤷  Start Trial
Chile 2015002940 ⤷  Start Trial
>Country >Patent Number >Title >Estimated Expiration

Supplementary Protection Certificates for empagliflozin

Patent Number Supplementary Protection Certificate SPC Country SPC Expiration SPC Description
1730131 C01730131/05 Switzerland ⤷  Start Trial PRODUCT NAME: EMPAGLIFLOZIN; REGISTRATION NO/DATE: SWISSMEDIC-ZULASSUNG 63227 30.06.2022
1730131 C01730131/01 Switzerland ⤷  Start Trial PRODUCT NAME: EMPAGLIFLOZIN; REGISTRATION NO/DATE: SWISSMEDIC 63227 12.11.2014
1730131 C01730131/02 Switzerland ⤷  Start Trial PRODUCT NAME: EMPAGLIFLOZIN UND METFORMINHYDROCHLORID; REGISTRATION NO/DATE: SWISSMEDIC 65570 12.11.2015
2187879 20/2017 Austria ⤷  Start Trial PRODUCT NAME: KOMBINATION VON EMPAGLIFLOZIN UND LINAGLIPTIN ODER PHARMAZEUTISCH VERTRETBARE SALZE; REGISTRATION NO/DATE: EU/1/16/1146 (MITTEILUNG) 20161115
1730131 CR 2014 00054 Denmark ⤷  Start Trial PRODUCT NAME: EMPAGLIFLOZIN OG SALTE DERAF, SAERLIGT EMPAGLIFLOZIN; REG. NO/DATE: EU1/14/930/001/018 20140527
>Patent Number >Supplementary Protection Certificate >SPC Country >SPC Expiration >SPC Description
Last updated: July 28, 2026

Empagliflozin Investment Scenario and Patent-Focused Fundamentals Analysis (Orange Book, Exclusivity, and Generic/Biosimilar Risk)

Empagliflozin (Jardiance) has a mature revenue base and a still-material near-to-mid-term branded life cycle driven by (1) ongoing line extensions and combination products, (2) enforcement and staggered expiry of formulation and use patents across jurisdictions, and (3) high clinical adoption in type 2 diabetes and heart failure indications. Patent-driven generic entry risk is lower than for many newer diabetes drugs, but earnings volatility can still arise from accelerated competitive pricing, formulary access in managed care, and the timing of non-infringing design-arounds around specific Orange Book-listed patents.


What patents protect empagliflozin (Jardiance) and how many are still in force?

Answer: Empagliflozin IP coverage is maintained by a layered estate across (a) composition/formulation, (b) method of use, and (c) combinations with dose and regimen-specific claims, with enforceable coverage varying by jurisdiction and dosage form.

Empagliflozin’s branded pipeline and litigation posture are tied to key product forms:

  • Empagliflozin oral tablets (various strengths)
  • Fixed-dose combinations (notably empagliflozin/linagliptin as Trijardy XR/Trijardy, and empagliflozin/metformin in some markets)

In the U.S., patent enforceability for generic entry is tested through the Orange Book listing system for specific NDA products and each patent family tied to those products. The practical investment question is not “how many patents exist,” but:

  • which patents are listed for each NDA,
  • which claims are likely to block commercial manufacture,
  • what the remaining exclusivity and patent term dates are, and
  • whether Paragraph IV challenges have been filed.

How does empagliflozin’s patent estate typically split across claim types?

  1. Composition and composition-of-matter (active ingredient, solvates/polymorphs, and salt forms where applicable)
  2. Formulations and manufacturing methods (tablet matrix, excipients, coatings, granulation and process constraints)
  3. Methods of use (specific disease claims: type 2 diabetes endpoints, cardiovascular outcomes, heart failure benefit, renal outcomes)
  4. Combination regimens (dose ratios and titration schemes for fixed-dose combinations)

Where do investors usually see the biggest licensing and litigation leverage?

  • Formulation and method-of-use patents tied to incremental label claims after initial approvals. These are often the last to be targeted in dispute cycles because they directly map to clinical positioning and real-world prescribing.

When does empagliflozin lose exclusivity in the U.S. (patent expiry and FDA exclusivity)?

Answer: Empagliflozin’s branded exclusivity is governed by a combination of (a) patent term expirations for Orange Book-listed patents and (b) statutory exclusivity tied to NDA approvals. The remaining value typically persists until the latest enforceable patent listed for each NDA product is cleared, often later than initial active ingredient patent expiry.

Key investment implication

Even if composition-of-matter protection erodes earlier, follow-on patents covering specific:

  • dosing regimens,
  • tablet compositions, and
  • method-of-use clinical endpoints can extend payback periods by reducing “first true generic” timelines.

Exclusivity drivers investors track

  • Latest expiring Orange Book patent for the specific NDA and dosage form
  • Whether FDA exclusivity (e.g., new clinical investigation, method-of-use expansions) applies to that incremental label
  • Whether generics can “carve out” by launching at a strength or indication that avoids the blocked claims

What generic entry risks exist for empagliflozin (Paragraph IV challenges and launch scenarios)?

Answer: Generic entry risk is concentrated around the remaining Orange Book-listed patents for the specific NDA product and dosage form, with Paragraph IV challenges acting as the trigger for litigation and potential design-around pathways.

Investment-relevant generic entry scenarios

  1. Scenario A: Delayed generic launch
    • Most patents in force remain hard to design around.
    • Settlement terms push launch dates beyond primary expiry windows.
  2. Scenario B: Early entry via carve-out
    • A generic can enter for certain strengths (or a narrower label) by avoiding a method-of-use claim and relying on regulatory labeling carve-outs.
  3. Scenario C: Split launch and pricing degradation
    • One competitor enters earlier, causing partial price erosion while other patents remain to block further erosion.

What changes the risk profile?

  • Court outcome timing and injunction effectiveness
  • Settlement agreements that trade earlier entry for dismissal of claims
  • Regulatory labeling strategy: whether a generic can launch with labeling that avoids infringement

What Orange Book status does Jardiance have and which patents typically block ANDAs?

Answer: Jardiance’s Orange Book status controls ANDA filing leverage. Investors focus on which specific patents are listed and which are subject to FDA “patent certification” (Paragraph IV).

Orange Book screening checklist for investors

  • Confirm each listed patent number per NDA and dosage form
  • Identify the “current” expiration dates
  • Track whether any applicants have filed:
    • Paragraph III (not eligible for patent-blocking leverage),
    • Paragraph IV (creates automatic litigation risk and potential stay/settlement dynamics),
    • or Paragraph I/II (earlier launch possibility if no listed patents remain)

Why investors care about patent-by-patent mapping

A generic can often:

  • win on some claim sets,
  • lose on others,
  • and still delay launch if even one enforceable, unexpired patent blocks commercialization for that NDA product.

How does empagliflozin compare with dapagliflozin and canagliflozin on patent strength and market exposure?

Answer: Empagliflozin’s competitive position is supported by clinical differentiation in heart failure and renal outcomes, while patent risk depends on jurisdiction-specific follow-on patents. In practice, competition among SGLT2 inhibitors produces revenue pressure faster than patent expiry because payer protocols standardize preferred-in-class access.

Investment comparison dimensions

  • Clinical label width (heart failure subtypes, CKD endpoints)
  • Formulary positioning (preferred listing and step edits)
  • Combination strategy (DPP-4 combinations and metformin pairing)
  • Generic erosion timing (class entry often forces price compression even before all patents expire through supply and contracting dynamics)

Core point for fundamentals

SGLT2 class economics increasingly hinge on:

  • price per defined daily dose,
  • rebate intensity,
  • and adherence-driven persistence, not just exclusivity.

What formulations and fixed-dose combinations of empagliflozin are protected?

Answer: Protection extends beyond the standalone active ingredient to dosage-form compositions and to fixed-dose combination products (such as empagliflozin/linagliptin), where tablet design and combination dosing may trigger separate Orange Book listings and method-of-use claims.

Investor-relevant product scope

  • Standalone empagliflozin tablets by strength and dosage form
  • XR formulations where applicable in combination assets
  • Fixed-dose combination patents covering:
    • ratio-specific dosing claims,
    • extended release architecture,
    • and specific treatment regimens

What method-of-use patents matter for empagliflozin’s heart failure and renal indications?

Answer: Method-of-use patents are the primary levers protecting indication-specific economics, because generics can sometimes launch on narrower labels but face infringement risk when labeling and prescribed dosing correspond to protected clinical claims.

Where infringement risk is highest

  • Indications aligned with newer label expansions
  • Subpopulation claims (e.g., heart failure with reduced or preserved ejection fraction)
  • Renal protective endpoints and composite outcomes

How this affects pricing risk

Even when a generic launches for diabetes label, payer behavior and physician prescribing in heart failure and CKD can remain branded-leaning if the competitive product cannot safely market the same indication without risk.


What FDA regulatory milestones and labeling changes support ongoing demand for empagliflozin?

Answer: Empagliflozin’s label expansions in type 2 diabetes, heart failure outcomes, and renal protection drive a large share of demand stability by broadening eligible patients and improving guideline inclusion.

Investment implication

Label breadth can slow “functional generic substitution,” because:

  • prescribers treat outcomes, not just glycemic targets,
  • and payers may tie coverage to guideline-aligned therapies.

What patent litigation affects empagliflozin and how do settlements influence generic timing?

Answer: Patent litigation around Orange Book-listed patents determines whether generic ANDA filers can enter at the first available window or must wait for adjudication or settlement-driven delay.

Settlement-driven delay channels

  • Dismissal in exchange for delayed launch dates
  • “No-Design-Around” constraints (where enforceable)
  • Carve-out licensing arrangements for certain strengths or dosing

Why this matters to investors

Even modest delays can preserve:

  • rebate intensity leverage,
  • contracting position,
  • and channel inventory planning for the branded asset.

How strong is the patent estate for empagliflozin versus early SGLT2 competitors?

Answer: Empagliflozin’s estate strength is bolstered by a combination of follow-on patents and indication-expansion protection, but class dynamics can erode price faster than patent expiry.

Practical strength indicators investors track

  • Remaining unexpired Orange Book patents per NDA
  • Number and quality of method-of-use patents tied to high-value indications
  • History of Paragraph IV filings and litigation outcomes (grant rates, injunction enforcement, and settlement frequency)

Which companies are positioned to challenge empagliflozin and what does that imply for time-to-erosion?

Answer: Generic entry pressure comes from ANDA filers targeting Orange Book patents; the speed of price erosion depends on litigation outcomes and on whether challengers secure an allowed label design that supports formulary adoption.

Investor lens

  • Likelihood of launch if courts uphold patent claims
  • Probability of settlement versus full litigation
  • Timing risk tied to court schedules, not only statutory expiry

Commercial fundamentals: what drives empagliflozin revenue resilience and downside?

Answer: Revenue resilience is driven by clinical differentiation, payer uptake of heart failure and renal indications, and continued combination-product expansion. Downside comes from pricing pressure from class peers and the timing of true generic substitution.

Primary upside drivers

  • Expansion of eligible patient populations via label breadth
  • Strong guideline positioning for heart failure and CKD in SGLT2 class
  • Line extensions through combinations (where dosing convenience supports adherence)

Primary downside drivers

  • Accelerated rebate compression after generic entry
  • Formulary shifts toward lowest net cost in-class contracting
  • Loss of indication protection if generic labeling strategies successfully avoid method-of-use infringement while still capturing prescriber demand

Key takeaways for an empagliflozin investment thesis

  • Empagliflozin’s branded economics are protected by layered IP that typically extends beyond the earliest active ingredient term via formulations and method-of-use claims tied to high-value indications.
  • The decisive commercial factor is not only patent expiry, but whether method-of-use protection limits safe generic labeling substitution in heart failure and renal care.
  • Generic entry risk concentrates on the Orange Book-listed patents for each NDA product and dosage form, with Paragraph IV litigation and settlements determining time-to-erosion.
  • SGLT2 class competition can compress pricing faster than exclusivity loss, so volume and net price dynamics must be modeled alongside patent timelines.

FAQs

1) What is the biggest patent risk for empagliflozin in the U.S. for generic ANDA filers?

The largest risk is an adverse outcome on Orange Book-listed method-of-use or formulation patents tied to protected indication claims and product-specific formulations.

2) Can generics launch empagliflozin before all patents expire?

Yes, if they can certify around specific Orange Book patents and launch for unblocked strengths/labels without infringing enforceable claims.

3) Do heart failure and renal indications change empagliflozin’s exclusivity profile?

Yes. Indication-specific method-of-use claims can meaningfully affect whether generics can capture the same prescriber demand without label and infringement risk.

4) How do fixed-dose combination products change empagliflozin IP exposure?

They introduce separate patent and Orange Book listing sets tied to combination ratios, formulation architecture, and regimen-specific claims, which can delay substitution in high-value subsegments.

5) What commercial metric best predicts when empagliflozin pricing will fall?

The fastest signal is net price after the first credible in-market generic or authorized class competitor substitution tied to formulary placement, not the earliest patent date.


References (APA)

  1. U.S. Food and Drug Administration. (n.d.). Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations. https://www.accessdata.fda.gov/scripts/cder/daf/
  2. FDA. (n.d.). Drugs@FDA. https://www.accessdata.fda.gov/scripts/cder/daf/
  3. FDA. (n.d.). Hatch-Waxman Drug Products and ANDAs: Patent Certification. https://www.fda.gov/

More… ↓

⤷  Start Trial

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.