TheraRadar
Patent landscape

Xofluza (baloxavir marboxil)

Roche · First FDA approval 2018-10-24
Orange Book + BigQuery Patent data as of 2026-05-15
Orange Book listed
10
7 families
Global footprint
302
across 41 countries
Multiplier
30×
intl docs / OB patents
Cliff closes
Apr 20, 2041
Last US OB patent falls
Cliff opens
Jun 15, 2029
Foundational composition expiry
Cliff window: opens Jun 15, 2029 (foundational composition expires) and closes Apr 20, 2041 (last US OB patent falls). Generic entry timing depends on Hatch-Waxman settlements — the first ANDA filer often trades a 180-day exclusivity for a delayed-entry agreement months to years past the patent expiry.
International footprint: The FDA Orange Book lists 10 US patents. BigQuery family expansion shows the same inventions filed as 302 documents across 41 countries in 7 patent families — 30× the US count.

Patent portfolio

Family-by-family interpretation: which family anchors composition, which add lifecycle, when each expires.

The Xofluza patent estate comprises 10 Orange Book-listed patents distributed across 7 patent families, supported by a broad global footprint of 302 international documents across 41 countries. This represents a notable 30x multiplier of international documents to US Orange Book patents, indicating extensive global prosecution.

Pro Composition anchor, lifecycle layers, outlook — Remaining 4 sections of the estate analysis
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Orange Book patent stack

10 unique patents listed against this drug. All mapped to BigQuery patent families.

Patent Family Claim type Use code US expiry
US 10633397 57199167 U-3000 Apr 27, 2036
US 11306106 61020748 U-2816 Aug 9, 2037
US 8927710 43356386 May 5, 2031
US 9815835 43356386 Jun 14, 2030
US 8987441 45873898 Oct 24, 2032
US 11261198 60783429 Sep 25, 2038
US 10759814 61020748 Aug 9, 2037
US 10392406 57199167 Apr 27, 2036
US 12064438 66540251 Oct 9, 2039
US 11925648 68295323 Apr 21, 2041

Patent families — global footprint

Family-deduplicated portfolio across all jurisdictions. Each family represents a single invention with related filings in multiple countries.

Pro Patent families — global footprint — Country-by-country lists, family-level priority dates, continuation patterns across all jurisdictions
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International vs US — composition family

Most jurisdictions follow priority + 20 years. US adds Patent Term Adjustment (PTA); EU adds Supplementary Protection Certificate (SPC); Japan adds Patent Term Extension (PTE). Latest US Orange Book expiry includes these extensions.

Priority date
2009-06-15
Family 43356386
Nominal global expiry
2029-06-15
priority + 20 years
Latest US OB expiry
2041-04-20
includes US PTA

Coverage status

What this page covers, what's coming in a future refresh, and what's out of scope.

Category What's covered Status
Orange Book patents 10 unique patents listed; 10 resolved to BigQuery families (100%) Complete
Same-family international 302 documents across 41 countries via BigQuery family expansion Complete
Nominal international expiry Priority date + 20 years computed per family. Composition family nominal expiry: 2029-06-15. Complete
Estate analysis LLM-generated structural analysis, constrained to patent data only — no commercial, financial, or litigation claims included Complete
Country-specific extensions EU SPC, JP PTE, KR PTE not modeled. US Orange Book expiry already includes US PTA. Most ex-US jurisdictions follow priority + 20 years (shown). Known limitation
Hatch-Waxman / BPCIA settlement terms Specific settlement terms (royalty %, launch dates) are confidential between parties Out of scope
Commercial / M&A history Deal terms, royalty stacks, contingent value rights — not in patent data Out of scope

Frequently asked

Common questions about Xofluza's patent landscape

When will generics enter the market for Xofluza?
Nominal patent expiry shows the cliff window: Jun 15, 2029 (when the foundational composition patent expires) to Apr 20, 2041 (when the last US OB patent falls). In practice, generics typically enter mid-window via negotiated settlement — Hatch-Waxman settlements often produce delayed-entry agreements between the brand and the first ANDA filer, typically trading a 180-day exclusivity for an entry date months to years past the patent. Exact entry depends on patent challenges, design-around feasibility, and settlement negotiations.
What's the difference between "cliff opens" and "cliff closes"?
Cliff opens (Jun 15, 2029) marks Xofluza's foundational composition patent expiry — the earliest theoretical date for generic entry. Cliff closes (Apr 20, 2041) is when the last US patent in the thicket finally falls — after which the market has no patent-based barriers. The gap between these two dates is the lifecycle-extension window: secondary patents (formulations, methods of use, manufacturing) that can block generics even after the composition patent has expired.
Why is Xofluza in the Orange Book?
Xofluza is regulated via the FDA 505(b) NDA pathway for small-molecule drugs and listed in the FDA Orange Book (small molecules). Small-molecule NDA holders must list approved-use patents in the Orange Book under Hatch-Waxman. The patents shown here come directly from FDA Orange Book listings.
What's a patent family and why does it matter?
A patent family is a group of patent applications and grants worldwide that share the same priority filing (the earliest invention disclosure). One US patent often expands to 20–40+ filings across different jurisdictions — each grant in a different country protecting the same underlying invention. Xofluza has 7 families that resolve to 302 international documents across 41 countries. Families matter because generic entry requires clearing patent barriers in each market separately — a US generic launch is independent of EU or Japan launches.
How were these Xofluza patents identified?
Xofluza's 10 US patents come directly from the FDA Orange Book, which small-molecule NDA holders are required to list under Hatch-Waxman. We then expand each Orange Book patent to its full international family using the BigQuery patent family graph (priority date + global jurisdictions). The US patent list is FDA-authoritative.
What does the "Multiplier" stat mean?
The multiplier shows how many international patent documents exist for every US patent in Xofluza's thicket — calculated as 302 international documents ÷ 10 US patents = 30×. A high multiplier (>10×) indicates an aggressive global filing strategy — the sponsor has filed in many countries to maximize geographic protection. A low multiplier suggests the patent estate is US-centric, with limited international protection.

Methodology & data sources

  • Orange Book patents: FDA Orange Book via TheraRadar's fetch-orange-book.js, refreshed 2026-05-26.
  • Patent families & international docs: BigQuery patents-public-data.patents.publications, queried 2026-05-15. Seed lookup → family expansion → priority date aggregation.
  • Nominal global expiry: earliest priority_date per family + 20 years. Does not include country-specific extensions (US PTA, EU SPC, JP PTE).
  • Estate analysis: generated by gemini-3-pro-preview, constrained to structural patent data only. No commercial, financial, or litigation claims included.
Intelligence, not legal advice. Patent expiry shown is nominal where indicated; actual market timing depends on PTA/SPC/PTE, exclusivity overlays, pediatric extensions, IPR/PTAB outcomes, and Hatch-Waxman litigation. Consult patent counsel for precise jurisdiction-by-jurisdiction analysis.

TheraRadar Pro — patent intelligence

Free covers what's publicly listed: Orange Book patents, basic stats, composition expiry. Pro adds the deeper view: LLM-driven estate analysis, full international family thicket, and (coming soon) alerts + exports.

Always free

  • Orange Book patent table (every patent, family, use code, expiry)
  • Stat strip — OB count, families, global doc footprint, multiplier
  • Composition family priority + nominal global expiry
  • International vs US expiry comparison
  • Coverage status + methodology
  • Cross-link to mechanism / class landscape
PRO

What Pro adds today

  • Estate analysis (sections 2-5) — Composition anchor, lifecycle layers, international vs US, strategic outlook
  • Full patent families table — Country lists, doc counts, priority dates per family
  • International nominal expiries — Priority + 20 years per family with global vs US gap
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Patent data updated: May 26, 2026