Last Updated: September 24, 2026

BUSULFEX Drug Patent Profile


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

Busulfex is a drug marketed by Otsuka Pharm and is included in one NDA.

The generic ingredient in BUSULFEX is busulfan. There is one drug master file entry for this compound. Eight suppliers are listed for this compound. Additional details are available on the busulfan profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Busulfex

A generic version of BUSULFEX was approved as busulfan by PHARMASCIENCE INC on March 24th, 2017.

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Summary for BUSULFEX
US Patents:0
Applicants:1
NDAs:1
Raw Ingredient (Bulk) Api Vendors: 106
Clinical Trials: 140
Patent Applications: 4,537
Drug Prices: Drug price information for BUSULFEX
What excipients (inactive ingredients) are in BUSULFEX?BUSULFEX excipients list
DailyMed Link:BUSULFEX at DailyMed
Recent Clinical Trials for BUSULFEX

Identify potential brand extensions & 505(b)(2) entrants

SponsorPhase
GlycoMimetics IncorporatedPhase 1/Phase 2
John Horan, MDPhase 1/Phase 2
Baptist Health South FloridaPhase 2

See all BUSULFEX clinical trials

Paragraph IV (Patent) Challenges for BUSULFEX
Tradename Dosage Ingredient Strength NDA ANDAs Submitted Submissiondate
BUSULFEX Injection busulfan 6 mg/mL 020954 1 2012-12-26

US Patents and Regulatory Information for BUSULFEX

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Otsuka Pharm BUSULFEX busulfan INJECTABLE;INJECTION 020954-001 Feb 4, 1999 AP 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

EU/EMA Drug Approvals for BUSULFEX

Company Drugname Inn Product Number / Indication Status Generic Biosimilar Orphan Marketing Authorisation Marketing Refusal
Pierre Fabre Medicament Busilvex busulfan EMEA/H/C/000472Busilvex followed by cyclophosphamide (BuCy2) is indicated as conditioning treatment prior to conventional haematopoietic progenitor cell transplantation (HPCT) in adult patients when the combination is considered the best available option.Busilvex following fludarabine (FB) is indicated as conditioning treatment prior to haematopoietic progenitor cell transplantation (HPCT) in adult patients who are candidates for a reduced-intensity conditioning (RIC) regimen.Busilvex followed by cyclophosphamide (BuCy4) or melphalan (BuMel) is indicated as conditioning treatment prior to conventional haematopoietic progenitor cell transplantation in paediatric patients. Withdrawn no no no 2003-07-09
Fresenius Kabi Deutschland GmbH Busulfan Fresenius Kabi busulfan EMEA/H/C/002806Busulfan Fresenius Kabi followed by cyclophosphamide (BuCy2) is indicated as conditioning treatment prior to conventional haematopoietic progenitor cell transplantation (HPCT) in adult patients when the combination is considered the best available option.Busulfan Fresenius Kabi followed by cyclophosphamide (BuCy4) or melphalan (BuMel) is indicated as conditioning treatment prior to conventional haematopoietic progenitor cell transplantation in paediatric patients. Authorised yes no no 2014-09-22
>Company >Drugname >Inn >Product Number / Indication >Status >Generic >Biosimilar >Orphan >Marketing Authorisation >Marketing Refusal

BUSULFEX Market Dynamics, Financial Trajectory, Patents, Generic Competition, and FDA Status

Last updated: August 28, 2026

Busulfex is the branded intravenous formulation of busulfan, an alkylating agent used in conditioning regimens before hematopoietic progenitor-cell transplantation. Its commercial profile is mature: the core molecule is generic, historical formulation protection has expired, and multiple generic suppliers compete with Otsuka’s branded product. The remaining value is concentrated in hospital contracts, transplant-center adoption, supply reliability, therapeutic-drug monitoring, and manufacturing quality rather than in exclusivity.

Otsuka does not publicly report standalone Busulfex revenue. The product is a legacy hospital drug within a diversified portfolio, so its financial trajectory must be assessed through market structure, generic penetration, product availability, and transplant-volume trends rather than company-reported product sales.

What is Busulfex and how is it used?

Busulfex is busulfan injection, supplied at a concentration of 6 mg/mL for intravenous administration. The FDA-approved product is used as part of conditioning therapy before hematopoietic progenitor-cell transplantation in adults and pediatric patients. The regimen is intended to ablate bone marrow and create space for transplanted cells. [1]

Busulfan is commonly administered with cyclophosphamide or with fludarabine-based regimens. Intravenous administration provides more predictable exposure than oral busulfan and permits pharmacokinetic-guided dose adjustment. That dosing control is commercially relevant because busulfan has a narrow therapeutic index and exposure is associated with both transplant efficacy and toxicity.

Key product attributes

Attribute Busulfex profile
Active ingredient Busulfan
Dosage form Intravenous injection
Strength 6 mg/mL
Therapeutic class Alkylating agent
Primary use Conditioning before hematopoietic stem-cell transplantation
FDA pathway New Drug Application, followed by generic ANDA competition
Principal prescriber setting Transplant hospitals and specialized oncology centers
Administration Intravenous, usually with pharmacokinetic monitoring
Commercial channel Hospital and specialty institutional purchasing
Biosimilar exposure None; busulfan is a small-molecule drug

Busulfex competes with generic busulfan injection and with alternative conditioning agents, including melphalan, treosulfan, cyclophosphamide, fludarabine, and total-body-irradiation-based regimens.

When did Busulfex lose exclusivity?

Busulfex has lost meaningful market exclusivity. The active ingredient busulfan is an old small molecule, and the principal commercial barrier was the development of a stable, injectable formulation rather than ownership of a novel chemical entity.

The FDA approved intravenous Busulfex in the late 1990s. The product’s regulatory exclusivity period has long expired, and generic busulfan injection products have entered the U.S. market. FDA approval of generic versions removed the principal legal basis for sustained premium pricing. [1][2]

Busulfex exclusivity timeline

Period Event Commercial effect
Pre-1999 Oral busulfan was already marketed as Myleran Established clinical familiarity with busulfan
1999 FDA approval of intravenous Busulfex Created a premium injectable product
Early 2000s Expansion of transplant use and pharmacokinetic-guided dosing Supported institutional adoption
2005 Otsuka acquired ESP Pharma, which owned Busulfex Product moved into Otsuka’s portfolio
2010s Generic busulfan injection approvals and commercial entry Reduced branded pricing power
2020s Mature generic hospital market Revenue became dependent on volume, supply, and contracts

The most important commercial transition was the shift from a branded injectable product to a multi-source hospital drug. In this setting, tenders, group-purchasing organization contracts, wholesaler availability, and shortage risk frequently have more effect on purchasing decisions than brand differentiation.

What patents protect Busulfex?

Busulfex’s historical patent protection centered on the injectable formulation and its use in transplantation, not on a new busulfan molecule. The relevant U.S. patent family is no longer a meaningful barrier to generic entry.

A historically cited patent associated with busulfan injectable formulations is U.S. Patent No. 5,399,578, covering formulation and related pharmaceutical concepts. Its ordinary patent term has expired. Any patent-term adjustment or pediatric exclusivity associated with the original regulatory filing would not preserve current market exclusivity for the product.

Current patent position

Protection category Busulfex position
Active-ingredient patent Expired; busulfan is an established compound
Original formulation patents Expired
New chemical entity exclusivity Expired
Pediatric exclusivity Expired, if previously granted
Method-of-use patents No known current barrier sufficient to block routine generic use
Device patents Not material; Busulfex is a conventional injectable vial product
Manufacturing patents Potentially relevant to supplier economics, but not a practical exclusivity barrier
Biosimilar exclusivity Not applicable

The FDA Orange Book remains the controlling source for current listed patents and regulatory exclusivities. A branded product can remain in the Orange Book after generic entry, but listing alone does not establish meaningful commercial exclusivity. [2]

What is the Orange Book status of Busulfex?

Busulfex is an FDA-approved small-molecule drug subject to the Hatch-Waxman framework. Generic busulfan injection products can rely on abbreviated new drug applications demonstrating pharmaceutical equivalence and bioequivalence or otherwise meeting FDA requirements for injectable products.

The relevant regulatory structure is:

  1. Busulfex was approved through an NDA.
  2. Generic busulfan injection products entered through ANDAs.
  3. Generic applicants could certify against listed patents or wait for patent expiry.
  4. Once blocking patents and exclusivities expired, approval and marketing became possible without branded consent.

The Orange Book distinction between the reference listed drug and therapeutically equivalent products is important. Generic busulfan products may be therapeutically equivalent to the reference product while still differing in labeling, packaging, manufacturing site, inactive ingredients, or supply reliability. [2]

Which companies challenge Busulfex in the generic market?

Competition comes from generic injectable-drug manufacturers rather than from biosimilar developers. Public FDA and DailyMed records identify generic busulfan injection products marketed or authorized by companies including Fresenius Kabi and other injectable-drug suppliers, although marketing status can change by manufacturer, presentation, and time period. [3][4]

Competitive groups

Generic injectable manufacturers

Generic suppliers compete primarily on:

  • Contract price
  • Guaranteed allocation
  • Vial availability
  • Manufacturing redundancy
  • Shortage performance
  • Hospital purchasing-group access
  • Regulatory compliance

Alternative conditioning products

Busulfan also competes clinically with:

  • Treosulfan
  • Melphalan
  • Cyclophosphamide
  • Fludarabine
  • Total-body irradiation
  • Other chemotherapy and radiation-based conditioning combinations

These alternatives do not necessarily replace busulfan on a one-for-one basis. Regimen selection depends on disease, age, donor type, comorbidities, transplant protocol, institutional preference, and pharmacokinetic monitoring capability.

How strong is the Busulfex patent estate?

The current Busulfex patent estate is weak from a generic-blocking perspective. The principal reasons are the age of the active ingredient, expiration of historical formulation protection, and availability of generic injectable products.

Patent-strength assessment

Factor Assessment
Novel active ingredient None
Remaining composition-of-matter protection None expected
Formulation differentiation Limited
Method-of-use protection Limited and unlikely to block standard generic labeling
Manufacturing complexity Moderate
Regulatory switching cost Low to moderate
Supply-chain barrier More important than patent protection
Litigation leverage Low
Brand pricing power Low in competitive hospital accounts

Manufacturing remains a technical barrier. Busulfan injection requires control of concentration, sterility, stability, container closure, and handling. That barrier can restrict the number of reliable suppliers, particularly during injectable-drug shortages. It does not, however, recreate patent exclusivity.

What formulation patents protect intravenous busulfan?

The commercial formulation value of Busulfex is linked to intravenous delivery, concentration control, and practical hospital use. The original formulation provided a clinically useful alternative to oral busulfan, but the formulation concept is no longer proprietary in a way that prevents generic competition.

Generic products may differ in:

  • Container and vial configuration
  • Labeling
  • Dilution instructions
  • Storage conditions
  • Excipient profile
  • Manufacturing site
  • Package size
  • Availability of pharmacokinetic support

Because busulfan has a narrow therapeutic window, hospitals may favor a supplier with consistent product quality even when products are therapeutically equivalent. That preference can preserve limited brand or supplier stickiness, particularly in transplant centers with established protocols.

What is the FDA regulatory status of Busulfex?

Busulfex remains an FDA-approved prescription product for conditioning before hematopoietic progenitor-cell transplantation. The product is administered under specialist supervision and is not a retail pharmacy drug.

The regulatory risk is primarily operational rather than exclusivity-based. Relevant risks include:

  • Injectable-drug manufacturing deficiencies
  • Product shortages
  • Labeling changes
  • Pharmacokinetic-monitoring requirements
  • Dosing errors
  • Hospital substitution policies
  • Supplier discontinuation

The product’s mature regulatory status reduces clinical development risk but also limits opportunities for major label expansion. A new indication would require evidence in a competitive transplant market and would face generic substitution pressure.

What patent litigation affects Busulfex?

Busulfex has no widely reported current Paragraph IV litigation that represents a material barrier to generic supply. Any historical patent disputes would have been tied to the original injectable formulation or generic entry, but the present commercial market is characterized by post-exclusivity competition.

Paragraph IV risk

Paragraph IV litigation typically creates value when:

  • A patent remains listed in the Orange Book.
  • The reference product has substantial remaining sales.
  • The generic applicant can gain a 180-day first-filer advantage.
  • The branded company has enforceable formulation or method claims.

Those conditions are weak for Busulfex. Generic entry is already established, and the product’s remaining revenue base is unlikely to support major patent litigation economics.

What generic entry risks exist for Busulfex?

Generic entry risk is already realized rather than prospective. The main risks to the branded product are continued price erosion, formulary exclusion, tender losses, and substitution at the hospital level.

Generic launch scenarios

Scenario Expected effect
One reliable generic supplier Moderate price pressure; brand may retain supply-value position
Two or more reliable suppliers High price pressure and routine substitution
Injectable shortage Temporary pricing support for available suppliers, including brand
Hospital conversion to generic Permanent volume loss for Busulfex
New conditioning protocol Structural demand loss independent of patent status
Generic supplier discontinuation Short-term volume recovery possible, but not durable exclusivity

Hospitals may continue purchasing the branded product when generic supply is inconsistent or when procurement teams value continuity. That is a supply-chain advantage, not a patent advantage.

What is the financial trajectory for Busulfex?

Busulfex is best characterized as a mature, declining-to-stable specialty hospital product with limited standalone disclosure. Otsuka’s public financial reporting does not provide a separate Busulfex revenue line in its principal financial statements. The product is grouped within a broad pharmaceutical portfolio, preventing a precise public calculation of annual sales, gross margin, or operating profit. [5]

Financial trajectory

Phase Revenue profile Main driver
Launch and early adoption Growth Conversion from oral busulfan and transplant uptake
Branded maturity Stable or rising Increased use of intravenous conditioning
Generic entry Decline Price erosion and hospital substitution
Mature generic market Low, volatile, or stable Volume, shortages, contracts, and supply reliability
Current profile Non-core portfolio contribution Institutional demand and product availability

The revenue ceiling is constrained by the size of the allogeneic and autologous transplant market, clinical substitution, and generic pricing. The product has no typical specialty-pharmacy growth engine because it is administered in hospitals and used in defined treatment episodes.

Revenue exposure

For Otsuka, Busulfex is unlikely to be a major consolidated revenue driver relative to newer branded products. Its financial importance is more likely to arise from:

  • Incremental hospital cash flow
  • Existing manufacturing and regulatory infrastructure
  • Brand recognition in transplant centers
  • Portfolio continuity
  • Potential supply premiums during shortages

A precise revenue estimate based on total busulfan market value would overstate Otsuka’s exposure because generic manufacturers capture part of the volume and hospital prices vary materially by contract.

How does Busulfex compare with treosulfan and melphalan?

Factor Busulfex Treosulfan Melphalan
Molecule type Small molecule Small molecule Small molecule
Primary role Transplant conditioning Conditioning, including reduced-toxicity protocols Conditioning and oncology
Patent position Mature and largely expired More recent product-specific protection may exist by market Mature generic market
Administration IV IV IV or oral, depending on product
Monitoring Pharmacokinetic monitoring is important Protocol-dependent Dose and organ-function monitoring
Competitive advantage Established transplant experience and exposure control Clinical interest in tolerability and conditioning protocols Broad familiarity and generic availability
Commercial risk Generic price erosion Regulatory and adoption risk Heavy generic competition

Treosulfan is the most relevant newer conditioning competitor because it can compete for the same transplant protocols. Its commercial impact depends on clinical guidelines, regulatory labels, reimbursement, and physician adoption. Melphalan and cyclophosphamide are broader competitors but are often used within different regimen designs.

What licensing deals affect Busulfex?

The major disclosed ownership transaction was Otsuka’s acquisition of ESP Pharma in 2005. The transaction transferred Busulfex into Otsuka’s commercial portfolio along with ESP Pharma assets. [6]

No current licensing transaction is required to explain Busulfex’s market position. The product’s economics are driven by ownership and commercialization of an established product, generic competition, and hospital procurement rather than by an active licensing network.

What geographic coverage does Busulfex have?

Busulfex’s strongest commercial relevance is in the United States, where the product has FDA approval and an established hospital-transplant market. International availability varies by country, marketing authorization, local generic competition, procurement systems, and transplant volume.

The competitive position differs geographically:

  • United States: ANDA competition and hospital contracting dominate.
  • Europe: National pricing, centralized procurement, and local marketing authorizations are important.
  • Japan and other Asian markets: Local regulatory approvals and transplant-center protocols determine use.
  • Emerging markets: Generic supply and affordability may be more important than branded Busulfex recognition.

Patent expiry has generally reduced geographic barriers. Regulatory registration, sterile manufacturing, and distribution capacity remain the main practical barriers.

What manufacturing and intellectual-property barriers remain?

The principal remaining barriers are technical and operational:

  1. Sterile injectable manufacturing.
  2. Consistent concentration and stability.
  3. Regulatory compliance across manufacturing sites.
  4. Pharmacokinetic and dosing support.
  5. Hospital formulary qualification.
  6. Reliable inventory and shortage management.

These factors can support temporary supplier advantages. They do not support durable monopoly pricing. A manufacturer with multiple approved sites and strong hospital distribution can outperform a nominally equivalent competitor even without patent protection.

Key Takeaways

  • Busulfex is intravenous busulfan used in conditioning before hematopoietic stem-cell transplantation.
  • FDA approval dates to the late 1990s, and regulatory exclusivity has expired.
  • The active ingredient and historical formulation protections no longer block generic entry.
  • Generic busulfan injection competition has already reshaped pricing and volume.
  • Busulfex has no biosimilar risk because it is a small-molecule drug, not a biologic.
  • Current commercial strength depends on supply reliability, hospital contracts, and transplant-center protocols.
  • Otsuka does not separately disclose Busulfex revenue, so its financial trajectory cannot be measured from audited company reporting alone.
  • Treosulfan is the most relevant newer conditioning competitor; melphalan and cyclophosphamide remain established alternatives.
  • Current litigation and Paragraph IV risk appear limited compared with the product’s historical patent period.
  • Manufacturing quality and shortage performance are more important than patent strength in the current market.

FAQs About Busulfex Market and Patent Risk

Is Busulfex still commercially available in the United States?

Busulfex has an FDA-approved product history, while generic busulfan injection products supply much of the current market. Availability can vary by supplier, presentation, and hospital purchasing channel.

Can a generic substitute for Busulfex automatically?

Substitution depends on FDA therapeutic-equivalence status, hospital formulary policy, purchasing contracts, and the specific product presentation. Institutional pharmacy rules determine how substitution occurs.

Does Busulfex have orphan-drug exclusivity today?

Any original orphan or pediatric exclusivity associated with the product would have expired. It does not provide a current barrier to generic busulfan injection.

What is the biggest commercial risk for a Busulfex supplier?

The largest risks are generic price competition, hospital contract loss, manufacturing interruption, and injectable-drug shortages. Patent expiry is a historical rather than prospective risk.

Could a new busulfan formulation restore premium pricing?

A new formulation could create value only if it provides a clinically meaningful advantage, such as simpler dosing, lower toxicity, improved stability, or reduced monitoring. FDA approval alone would not prevent generic competition with existing busulfan products.

References

  1. U.S. Food and Drug Administration. (n.d.). Busulfex (busulfan) injection prescribing information. Drugs@FDA.
  2. U.S. Food and Drug Administration. (n.d.). Approved drug products with therapeutic equivalence evaluations. Orange Book.
  3. U.S. Food and Drug Administration. (n.d.). Generic drug approvals and product-specific guidance for busulfan injection. Center for Drug Evaluation and Research.
  4. National Library of Medicine. (n.d.). DailyMed: Busulfan injection product labeling. U.S. National Library of Medicine.
  5. Otsuka Holdings Co., Ltd. (2024). Annual report and consolidated financial results.
  6. Otsuka Pharmaceutical Co., Ltd. (2005). Otsuka acquisition of ESP Pharma. Corporate transaction announcement.

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