Last Updated: August 2, 2026

NOCTIVA Drug Patent Profile


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Which patents cover Noctiva, and when can generic versions of Noctiva launch?

Noctiva is a drug marketed by Acerus Pharms and is included in one NDA. There are three patents protecting this drug.

This drug has seventy-four patent family members in nineteen countries.

The generic ingredient in NOCTIVA is desmopressin acetate. There are twenty drug master file entries for this compound. Twenty-eight suppliers are listed for this compound. Additional details are available on the desmopressin acetate profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Noctiva

A generic version of NOCTIVA was approved as desmopressin acetate by MEITHEAL on October 15th, 1997.

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Summary for NOCTIVA
International Patents:74
US Patents:3
Applicants:1
NDAs:1
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for NOCTIVA

US Patents and Regulatory Information for NOCTIVA

NOCTIVA is protected by three US patents.

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Acerus Pharms NOCTIVA desmopressin acetate SPRAY, METERED;NASAL 201656-001 Mar 3, 2017 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Acerus Pharms NOCTIVA desmopressin acetate SPRAY, METERED;NASAL 201656-002 Mar 3, 2017 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Acerus Pharms NOCTIVA desmopressin acetate SPRAY, METERED;NASAL 201656-001 Mar 3, 2017 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Acerus Pharms NOCTIVA desmopressin acetate SPRAY, METERED;NASAL 201656-001 Mar 3, 2017 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Acerus Pharms NOCTIVA desmopressin acetate SPRAY, METERED;NASAL 201656-002 Mar 3, 2017 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Exclusivity Expiration

Supplementary Protection Certificates for NOCTIVA

Patent Number Supplementary Protection Certificate SPC Country SPC Expiration SPC Description
2712622 LUC00015 Luxembourg ⤷  Start Trial PRODUCT NAME: DESMOPRESSINE OU UN DE SES SELS D'ACETATE; AUTHORISATION NUMBER AND DATE: 497271; 497280 20161101
3225249 2019C/520 Belgium ⤷  Start Trial PRODUCT NAME: DESMOPRESSINE OF EEN ACETAATZOUT DAARVAN; AUTHORISATION NUMBER AND DATE: BE497271 - BE497280 20160513
2712622 201740002 Slovenia ⤷  Start Trial PRODUCT NAME: DESMOPRESSINE OR ITS ACETATE SALT; NATIONAL AUTHORISATION NUMBER: H/16/02212/001-008; DATE OF NATIONAL AUTHORISATION: 20160818; AUTHORITY FOR NATIONAL AUTHORISATION: SI; FIRST AUTHORISATION IN THE EUROPEAN ECONOMIC AREA: BE497271,BE497280; DATE OF FIRST AUTHORISATION IN THE EUROPEAN ECONOMIC AREA: 20160504; AUTHORITY OF FIRST AUTHORISATION IN THE EUROPEAN ECONOMIC AREA: BE
2712622 C02712622/01 Switzerland ⤷  Start Trial PRODUCT NAME: DESMOPRESSIN; REGISTRATION NO/DATE: SWISSMEDIC-ZULASSUNG 66379 16.03.2018
2712622 122017000006 Germany ⤷  Start Trial PRODUCT NAME: DESMOPRESSIN ODER DAS ACETAT DAVON; AUTHORISATION NO/DATE: 94726.00.00 20160901; 94725.00.00 20160901; BE497271 20160504; BE497280 20160504
>Patent Number >Supplementary Protection Certificate >SPC Country >SPC Expiration >SPC Description

NOCTIVA (nocturnal dexmedetomidine?; FDA insomnia brand) investment scenario and patent-and-commercial fundamentals analysis

Last updated: July 10, 2026

Executive summary

  • NOCTIVA is the FDA-approved brand of desmopressin acetate for nocturnal treatment of nocturia due to nocturnal polyuria in adults with reduced nocturnal bladder capacity. Product economics are driven by (1) uptake vs. competing desmopressin products, (2) payer restrictions and step edits for nocturia, and (3) tight safety and monitoring requirements for hyponatremia.
  • Near-term investment risk is concentrated in patent-expiration timing, Orange Book competitive landscape, and generic entry risk (including potential Paragraph IV filings).
  • Value upside is concentrated in formulation and lifecycle protection (if any additional patent coverage exists beyond the core active ingredient protection), plus channel execution (urology and primary-care formularies) and evidence generation in subpopulations.
  • A defensible investment view depends on mapping Orange Book entries for NOCTIVA, identifying composition, formulation, method-of-use, and device/packaging patents, and linking those to FDA exclusivities and expected generic launch scenarios.

What is NOCTIVA and what are the core commercial drivers for investment?

Featured snippet: NOCTIVA is desmopressin acetate indicated for nocturia in adults with nocturnal polyuria; commercial performance is primarily driven by payer coverage, patient adherence, safety management for hyponatremia, and prescriber uptake versus other desmopressin options.

Indication and patient economics

  • Therapeutic category: urology, nocturia; guideline-concordant management is typically stepwise and payer-sensitive.
  • Key value driver: a high share of revenue depends on sustained use and refill behavior, not a one-time prescription.
  • Key constraint: hyponatremia risk drives dosing conservatism, lab monitoring, and payer utilization management (prior authorization and sodium monitoring protocols).

Channel and reimbursement mechanics

  • Nocturia is frequently treated under primary care and urology pathways with:
    • formulary tiering for symptom-based drugs,
    • step edits requiring tried-and-failed alternatives,
    • utilization management tied to baseline sodium and follow-up monitoring.

Competitive set to underwrite

For an investment model, NOCTIVA competes mainly on:

  • desmopressin delivery form (e.g., nasal vs. oral alternatives),
  • administration convenience and titration burden,
  • payer preference for specific branded or authorized generics,
  • documented comparative effectiveness in reductions in nocturnal voids.

What patents protect NOCTIVA, and how many Orange Book-listed assets exist?

Featured snippet: Patent protection for NOCTIVA should be assessed via the FDA Orange Book listing that ties the NOCTIVA drug product (active ingredient: desmopressin acetate) to specific US patents across composition, formulation, and method-of-use categories.

How to structure the patent estate map for NOCTIVA

A complete NOCTIVA investment patent model should categorize each Orange Book-listed patent into:

  • Drug substance (composition) patents
  • Formulation patents (excipients, concentration, particle or spray characteristics for nasal delivery)
  • Method-of-use patents (indications, dosing regimens, patient selection)
  • Manufacturing process patents (sterility, spray drying, unit dose handling)
  • Device/administration patents (if tied to delivery performance)

What drives patent “strength” in desmopressin nasal therapy

For nasal desmopressin products, market exclusivity value often rests on:

  • formulation-related performance parameters,
  • dosing and monitoring protocols that reduce adverse events,
  • manufacturing controls that affect delivery consistency.

Where investors typically get wrong exposure

  • Confusing FDA exclusivity (data exclusivity and patent term restoration effects) with Orange Book patent enforceability.
  • Overweighting active ingredient patents while underweighting formulation and method-of-use patents that extend practical exclusivity.

Note: The current prompt does not include the Orange Book patent list, expiration dates, or assignees for NOCTIVA. Without that dataset, any numeric count of patents and their specific expiration dates would be incomplete.

When does NOCTIVA lose exclusivity, and what generic entry risks exist?

Featured snippet: NOCTIVA exclusivity loss is determined by the latest of (1) relevant Orange Book patent expirations, (2) FDA exclusivity expirations (data exclusivity and any patent term restoration impacts), and (3) the effective date of any settlement-based launch carve-outs.

Generic launch scenarios investors model

For a drug with Orange Book listings, typical scenarios include:

  1. No Paragraph IV: generics can enter at generic eligibility date based on patent expirations and FDA exclusivity.
  2. Paragraph IV AND settlement: authorized timing can shift launch dates and cap design-around options.
  3. Paragraph IV litigation outcomes:
    • early dismissal or noninfringement finding,
    • adverse finding that triggers a delayed launch,
    • partial findings affecting only certain dosage strengths or uses.

Paragraph IV indicators to track

  • Notice filings (for investors: timing relative to patent expiration, number of asserted patents, and whether the challenger targets multiple formulations).
  • “Design-around” pressure: challengers often target formulation and method-of-use patents with altered dosing or excipient changes.

Biosimilar risk check

  • NOCTIVA is not a biologic. Biosimilar frameworks do not apply.
  • Risk is small-molecule generic competition and potentially authorized generics.

Note: Specific exclusivity and launch risk depends on the Orange Book timeline and any pending Paragraph IV activity, which is not included in the prompt.

What formulations are protected by NOCTIVA patents, and do they limit generics?

Featured snippet: For nasal desmopressin products, generic feasibility is often constrained by patents covering drug product formulation and performance characteristics rather than only the desmopressin active ingredient.

Formulation IP categories relevant to NOCTIVA

A formulation-centric IP map should isolate:

  • concentration and unit-dose spray specification,
  • excipient systems affecting stability and spray profile,
  • manufacturing controls affecting particle/atomization or spray delivery,
  • device-administration integration if patented.

Generic design-around pathways

A generic sponsor can pursue:

  • alternative formulation and excipients,
  • alternative dosing regimen that avoids method-of-use claims,
  • alternate manufacturing process that avoids process claims,
  • alternative delivery characteristics (if not deemed equivalent or if infringement tests differ).

What to underwrite commercially

  • If formulation patents exist with late expirations, generic entry may be delayed or occur with limited strength/indication coverage.
  • If formulation patents are weak or narrow, “regulatory approval” can outpace “IP clearance,” leading to earlier erosion of net price.

Note: Specific formulation patents for NOCTIVA require the Orange Book list and any related patent family documentation.

How does NOCTIVA compare with competing desmopressin products on commercial risk?

Featured snippet: Investment outcomes depend on whether NOCTIVA competes on measurable convenience and tolerability advantages versus oral desmopressin and other delivery systems, and whether payer coverage favors the NOCTIVA brand.

Competitive comparison framework investors can use

  1. Delivery convenience: nasal administration vs oral regimen
  2. Titration and monitoring burden: sodium checks and dose adjustments
  3. Tolerability: hyponatremia incidence management
  4. Formulary access: tier placement and prior authorization
  5. Clinical positioning: guideline alignment and prescriber familiarity

Where NOCTIVA typically wins

  • When the patient segment values consistent dosing and dosing flexibility.
  • When urologists or high-volume primary-care prescribers have entrenched protocols.

Where NOCTIVA typically loses

  • When payers prefer lower acquisition cost alternatives with simpler safety workflows.
  • When adherence suffers due to the practical burden of dosing instructions and sodium monitoring.

Note: Company-specific market share and net price data were not provided in the prompt; comparisons here must rely on qualitative competitive mechanics unless an Orange Book and market dataset is supplied.

What is the Orange Book status of NOCTIVA?

Featured snippet: Orange Book status is defined by listing of US patents for NOCTIVA drug product (active ingredient desmopressin acetate), including the drug product code, patent numbers, and expiration dates.

What an investor should extract from the Orange Book record

  • Patent number, patent type, and expiration date for each listing.
  • Whether there are multiple patents covering:
    • drug substance,
    • formulation/product,
    • method-of-use.
  • Any indication-specific patents that could narrow generic entry.

Note: The prompt provides no Orange Book table content for NOCTIVA. Without it, a correct Orange Book status summary and listing-based timeline cannot be produced.

What patent litigation affects NOCTIVA, and how do settlements shift generic entry?

Featured snippet: In the US, NOCTIVA generic risk hinges on whether challengers file Paragraph IV AND-claims against Orange Book patents and whether courts or settlements determine an at-risk vs. cleared launch.

Litigation analytics that matter

For each asserted patent:

  • asserted claims and theory of infringement,
  • likely outcome based on claim construction,
  • settlement date, if any,
  • trigger for “design” constraints on generic label.

Settlement-driven launch modeling

Investors typically model:

  • brand revenue “cliff” if settlement grants early entry,
  • delayed erosion if settlement pushes launch near final patent expiration,
  • whether entry is partial in strength or restricted to non-asserted indications.

Note: No litigation docket details were provided. Without case numbers, parties, and asserted patents, a factual litigation impact analysis cannot be completed.

What manufacturing and IP barriers could block NOCTIVA generics?

Featured snippet: Generic barriers for nasal desmopressin products can include formulation equivalency constraints, regulatory development complexity, and patent infringement around performance or process controls.

Development complexity investors should price

  • replicating spray characteristics and stability,
  • ensuring consistent delivery and bioavailability,
  • meeting labeling constraints tied to dosing instructions.

IP barriers that drive litigation

  • formulation composition claims,
  • manufacturing method claims,
  • method-of-use claims tied to dosing and patient selection.

Note: Barriers must be derived from specific patents and claims; the prompt provides no patent claim text.

Investment scenario: bull, base, and bear under IP and commercial sensitivity

Featured snippet: Build the investment case on a two-axis sensitivity: (1) timing of generic erosion based on the latest Orange Book and exclusivity dates, and (2) net price and volume changes under competitive pressure.

Base-case underwriting logic

  • Assume generic erosion occurs at the latest enforceable IP expiration for the most relevant Orange Book patents.
  • Assume payer resistance slows volume erosion but cannot prevent it.
  • Model hyponatremia monitoring as a continuing constraint on growth but not a demand destroyer.

Bull-case levers

  • Late lifecycle protection in formulation or method-of-use patents that blocks meaningful generic substitution.
  • Better-than-expected payer access (reduced prior auth friction).
  • Expanded prescriber adoption through evidence packages.

Bear-case levers

  • Early court outcomes or settlements enabling at-risk entry.
  • Payer switching to cheaper alternatives with similar outcomes.
  • Safety signal forcing label restrictions or increased monitoring requirements that reduce net covered usage.

Note: The required IP timeline and commercial KPI baselines are not included in the prompt; a fully quantified scenario tree would be incomplete.

Key Takeaways

  • NOCTIVA is a desmopressin acetate nocturia product whose investment fundamentals depend on Orange Book patent structure, exclusivity timing, and payer-driven economics.
  • Generic risk is primarily driven by composition/formulation/method-of-use patent coverage rather than biologic-style biosimilar pathways.
  • The actionable next step in underwriting NOCTIVA is an Orange Book and litigation docket map that links each patent to generic design-around feasibility and likely entry date.

FAQs

  1. How do Orange Book patent listings determine when NOCTIVA generics can launch?
  2. What Paragraph IV claims are most common for nasal desmopressin products, and how do they affect launch timing?
  3. Which NOCTIVA patents typically cover formulation versus method-of-use, and how does that change generic design-arounds?
  4. What payer utilization management and safety monitoring requirements influence NOCTIVA net revenue?
  5. How should investors model net price erosion if a lower-cost desmopressin competitor wins formulary access?

References

  1. FDA. Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations (NOCTIVA product listing).
  2. FDA. NOCTIVA prescribing information (desmopressin acetate) for indication and safety labeling.

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