Last Updated: September 28, 2026

ACIPHEX Drug Patent Profile


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When do Aciphex patents expire, and what generic alternatives are available?

Aciphex is a drug marketed by Waylis Therap and Aytu and is included in two NDAs.

The generic ingredient in ACIPHEX is rabeprazole sodium. Twenty-one suppliers are listed for this compound. Additional details are available on the rabeprazole sodium profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Aciphex

A generic version of ACIPHEX was approved as rabeprazole sodium by CHARTWELL RX on November 8th, 2013.

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Summary for ACIPHEX
US Patents:0
Applicants:2
NDAs:2

US Patents and Regulatory Information for ACIPHEX

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Waylis Therap ACIPHEX rabeprazole sodium TABLET, DELAYED RELEASE;ORAL 020973-001 May 29, 2002 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Aytu ACIPHEX SPRINKLE rabeprazole sodium CAPSULE, DELAYED RELEASE;ORAL 204736-002 Mar 26, 2013 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Waylis Therap ACIPHEX rabeprazole sodium TABLET, DELAYED RELEASE;ORAL 020973-002 Aug 19, 1999 AB RX Yes Yes ⤷  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

International Patents for ACIPHEX

See the table below for patents covering ACIPHEX around the world.

Country Patent Number Title Estimated Expiration
Austria 70442 ⤷  Start Trial
Canada 1336958 PREPARATION PERORALE D'UN COMPOSE INSTABLE EN MILIEU ACIDE (PERORAL PREPARATION OF ACID-UNSTABLE COMPOUND) ⤷  Start Trial
German Democratic Republic 283771 VERFAHREN ZUR HERSTELLUNG EINER PERORALEN PRAEPARATION EINER SAEURE-INSTABILEN VERBINDUNG ⤷  Start Trial
>Country >Patent Number >Title >Estimated Expiration

Supplementary Protection Certificates for ACIPHEX

Patent Number Supplementary Protection Certificate SPC Country SPC Expiration SPC Description
0268956 C990015 Netherlands ⤷  Start Trial PRODUCT NAME: RABEPRAZOLI, DESGEWENST IN DE VORM VAN EEN FARMACEUTISCH AANVAARDBAAR ZOUT, IN HET BIJZONDER RABEPRAZOLI NATRICUM; NATL REGISTRATION NO/DATE: RVG 23210-11 19981208; FIRST REGISTRATION: GB 10555/0008 AND 10555/0010 19980508
0268956 21/1999 Austria ⤷  Start Trial PRODUCT NAME: RABEPRAZOL UND SEINE PHARMAZEUTISCH GEEIGNETEN SALZE, INSBESONDERE RABEPRAZOL-NATRIUM; NAT. REGISTRATION NO/DATE: 1-22777 UND 1-22778 19981112; FIRST REGISTRATION: GB 10555/0010 UND 10555/0008 19980508
0268956 1999C0030 Belgium ⤷  Start Trial PRODUCT NAME: RABEPRAZOLE SODIUM; NAT. REGISTRATION NO/DATE: 5532 IE 1 F 3 19990201; FIRST REGISTRATION: GB 10555/0010 19980508
>Patent Number >Supplementary Protection Certificate >SPC Country >SPC Expiration >SPC Description
Last updated: July 8, 2026

AcipHex (rabeprazole) Investment Scenario and Fundamentals Analysis: Exclusivity, Patent Estate, FDA Status, and Generic Risk

AcipHex (rabeprazole sodium) is a well-established branded proton pump inhibitor (PPI) with mature market access and limited near-term patent-driven defensibility in the US, driven by early-origin chemistry IP and broad generic availability. Investment relevance is primarily tied to (1) remaining exclusivity layers for specific dosage forms or formulations, (2) competitive pricing pressure from multi-source generics, and (3) reimbursement and formulary positioning rather than clinical differentiation.

Core value driver for an investor

  • Revenue is constrained by patent/exclusivity expiry dynamics and generic substitution. The fundamental question is not “will generics exist,” but “how much branding and contracting resilience remains” and “whether any incremental patent islands still control a specific formulation, dosing regimen, or delivery characteristic.”

What patents protect AcipHex (rabeprazole) in the US and how strong is the patent estate?

Featured snippet answer: For classic rabeprazole IR products, the controlling US patent estate is largely time-barred, with practical IP value concentrated in remaining formulation-specific patents (if any) and any process or secondary-use claims that may still be within term. The US market is already multi-source, indicating that broad product protection has effectively lapsed.

Patent estate structure investors track for legacy PPIs

  1. Drug substance patents
    • Chemistry and composition-of-matter covering rabeprazole itself. These typically expire early relative to current brand-era cash flows.
  2. Drug product patents
    • Formulation patents for delayed-release stability, tablet/granule composition, coatings, and manufacturing controls.
  3. Methods-of-use patents
    • Indications and therapeutic dosing claims, including GERD-related use claims.
  4. Manufacturing/process patents
    • Specific synthesis steps, purification, or crystallization methods.

Why “strong estate” rarely applies to AcipHex

  • AcipHex is not in the typical “late-stage IP moat” profile where exclusivity can delay generic entry materially.
  • For PPIs with long market history, investors generally assume broad generic substitution unless a specific non-lapsed formulation or method-of-use claim is still enforceable in a key market.

Actionable read-through: For an investment thesis, patent diligence should focus on whether any US formulation/process patents covering a currently marketed dosage form remain in force and whether they map to any active FDA Orange Book listings that could support enforcement against “at-risk” generics.


When does AcipHex lose exclusivity in the US (Biosimilars and exclusivity timelines)?

Featured snippet answer: AcipHex is not a biologic and has no biosimilar pathway. Exclusivity timelines that matter are patent terms and any FDA statutory exclusivities tied to approved NDA changes. For legacy rabeprazole, the market reality is that exclusivity has already been exhausted or is not sufficient to prevent multi-source entry.

What timelines investors model

  • Patent expiry (composition, formulation, and process) for the marketed NDA/ANDAs in the Orange Book.
  • Potential FDA exclusivity after supplements (rare for a mature molecule).
  • Regulatory readiness: ANDA approval and launch timing after any litigation stays or settlement triggers (not applicable if no relevant US patent listings remain enforceable).

What is the Orange Book status of AcipHex (rabeprazole) and which listings drive enforcement?

Featured snippet answer: The key Orange Book impact is whether any patents listed for the specific AcipHex NDA have unexpired terms and can be asserted through Paragraph IV or blocking strategies. For multi-source markets, most enforcement value is already “spent.”

How to interpret Orange Book mechanics for legacy PPIs

  • Listed patents with unexpired dates are the only ones that can support active “cease and desist” leverage.
  • Claim types matter:
    • “Drug substance” vs “drug product” vs “method of use”
  • NDA vs RLD: Investors should identify the reference-listed drug (RLD) status for each dosage form, because enforcement and generic substitution risk can differ across presentations.

Actionable read-through: The investment question is whether any Orange Book listings still exist for the exact AcipHex presentation that is commercially material (strength, dosage form, release profile).


What generic entry risks exist for AcipHex (Paragraph IV litigation and settlement scenarios)?

Featured snippet answer: With AcipHex already widely generified, “Paragraph IV risk” is mostly a backward-looking question unless a specific formulation or supplement created a later-remaining patent island.

Typical litigation patterns for legacy PPIs

  • If no meaningful unexpired formulation/process patents remain, generic launches occur without ongoing Paragraph IV leverage.
  • If there is a late-listed patent, an ANDA sponsor may file a Paragraph IV certification, then trigger litigation and potential settlement terms such as:
    • launch-at-a-date (carve-out) agreements
    • stipulations and dismissal with defined non-at-risk periods
    • narrow product design changes to avoid non-infringement

Actionable read-through: For AcipHex, investors should model that generic substitution is structurally inevitable and price erosion is the primary risk, not new “at-risk” launches from a single challenger.


How does AcipHex compare with other rabeprazole brands and PPIs on competitive and patent defensibility?

Featured snippet answer: AcipHex is competing in a class where multiple PPIs (omeprazole, esomeprazole, lansoprazole, pantoprazole) and multiple generics create a high substitution environment. Patent defensibility is usually limited across the class, so contracting and pricing drive outcomes.

Competitive substitution dynamics investors should model

  • Within-class switching: Gastroenterology and primary care can substitute among PPIs based on formulary tiers.
  • Insurer contracting leverage: PBM formularies can shift branded share quickly after generic reimbursement parity.
  • Patient-level persistence: Long-term GERD patients may maintain a therapy, but payor step therapy and copay differentials still drive migration.

Actionable read-through: The relative “investment moat” for a PPI brand is typically distribution and payer positioning, not IP.


What FDA regulatory pathway applies to AcipHex and how does it affect investment (NDA vs ANDA)?

Featured snippet answer: AcipHex is an FDA-approved small-molecule drug. Generics are approved via ANDA pathways referencing the RLD, and once approved, can launch based on patent status and any statutory exclusivity or litigation stays.

Investor-relevant regulatory mechanics

  • Bioequivalence for generics determines approval timing, not clinical differentiation.
  • Patent certification strategy (Paragraph II, III, IV) governs whether launch can occur immediately.
  • Labeling sameness affects substitution but is typically maintained within PPI equivalency norms.

What formulations are protected for AcipHex (strengths, delayed release, coatings) and do any still matter economically?

Featured snippet answer: For a legacy rabeprazole brand, remaining economic impact typically comes from whether any unexpired formulation or manufacturing patents govern the currently marketed tablet presentation.

Formulation elements that can be patented

  • Enteric/delayed-release coating composition and thickness
  • Granule size distribution and stability profile
  • Manufacturing process steps affecting dissolution and shelf life

Actionable read-through: If no unexpired formulation patents remain, the economic outcome is price competition and margin compression.


What patent litigation affects AcipHex and how does it impact launches and pricing?

Featured snippet answer: For AcipHex, the market typically reflects earlier generic launches rather than ongoing IP-driven barriers. Current pricing dynamics are therefore driven by market structure (multi-source supply) and PBM reimbursement rather than live injunction risk.

Investment modeling inputs

  • Number of generic ANDAs active for each dosage strength
  • Average wholesale price (AWP) or net price trend
  • Contracting behavior: rebates, payer-specific tier placement
  • Channel inventory cycles impacting short-term pricing

Commercial fundamentals for AcipHex: revenue exposure, margin pressure, and reimbursement

Featured snippet answer: AcipHex faces ongoing branded revenue compression from generic substitution. The key fundamentals are net revenue vs gross margin net of rebates and distribution, and whether formulary placement retains enough share against generics.

Fundamentals investors usually quantify

  • Branded net sales trajectory: growth vs decline rate post-generic intensification
  • Share of prescriptions: diagnosis-driven demand vs payer-driven channel shifts
  • Net price vs list price: rebate burden and contract concessions
  • Gross-to-net ratio: PBM/wholesaler influence
  • Volume elasticity: sensitivity to copay differentials and tier placement

Actionable read-through: For legacy PPIs, small movements in formulary access can dominate quarterly results.


Investment scenario: base case, downside, and upside for AcipHex

Featured snippet answer: Base case is continued net sales decline from generic substitution with modest variability from contracting cycles. Downside is accelerated payer switching or intensified multi-source pricing. Upside requires improved payer positioning, durable patient persistence, or any unexpected IP island protecting a relevant presentation.

Base case (most likely)

  • Continued generic-driven erosion
  • Stabilization only if brand retains formulary access via favorable contracting
  • Margins pressured by rebates and competitive pricing

Downside case

  • PBM tier downgrade or step-edit adoption increases switching
  • Additional generic entrants or increased discount intensity compresses net price
  • Inventory and wholesaler pull-forward behavior distorts short-term revenue

Upside case

  • Evidence of differentiation through payer contracting (not clinical differentiation)
  • Any remaining unexpired formulation patent prevents generic competition for a niche presentation (if it exists and aligns to current product)
  • Expanded utilization due to guideline or disease prevalence shift in targeted patient segments (rarely proprietary)

Geographic coverage: where does generic pressure typically hit first and why?

Featured snippet answer: Generic penetration typically scales with regulatory approvals and payer behavior; US usually leads competitive intensity for legacy oral small molecules. Other regions vary by patent enforcement landscape and reimbursement systems, but the directionality for rabeprazole is similar: multi-source and price competition.

Investor-relevant geographic diligence

  • US: Orange Book and ANDA ecosystem
  • EU/UK: national SPC/patent enforcement history and local generic launch conditions
  • Pricing controls: statutory reimbursement and tender processes for hospital budgets

Key Takeaways

  • AcipHex (rabeprazole) is a legacy PPI with fundamentals dominated by generic competition, payer contracting, and reimbursement dynamics rather than late-stage IP.
  • For IP-driven upside, the only meaningful check is whether any unexpired Orange Book-listed patents still cover the currently marketed presentation in a way that could block generic substitution.
  • “Paragraph IV risk” is largely historical for classic rabeprazole product exposures; forward-looking risk is pricing pressure and formulary status.
  • Investment scenario construction should treat the primary variance as net price and branded share, not clinical outcomes or biosimilar competition.

FAQs

1) Is AcipHex a biologic and does it have biosimilar risk?

No. AcipHex is a small-molecule drug; biosimilars do not apply.

2) What is the biggest driver of AcipHex brand sales in the US?

Formulary placement and net pricing under PBM contracting, given multi-source generic availability.

3) What does an Orange Book patent listing mean for generic entry timing?

If unexpired and asserted, it can trigger litigation and potentially delay an ANDA launch via statutory stays or settlement terms.

4) How should investors compare AcipHex to other PPIs for competitive risk?

Compare multi-source generic penetration and payer formulary tiers across the class; IP is usually not the differentiator for older PPIs.

5) What risk matters most after patent expiry for AcipHex?

Margin compression from rebates and price concessions, plus volume loss due to payer-driven switching.


References

  1. U.S. Food and Drug Administration. Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations. (Accessed 2026-07-08).
  2. U.S. Food and Drug Administration. Approval Pathways: ANDA (Abbreviated New Drug Application). (Accessed 2026-07-08).

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