Home / Generic availability / Setmelanotide
When will generic Setmelanotide be available?
Based on the patents and exclusivity the FDA lists today, generic setmelanotide cannot be marketed in the United States before 2034-07-04, when the last listed protection expires.
Patents listed with the FDA
3 unexpired or current listing(s).
| Patent | Expires | Covers | Product |
|---|---|---|---|
| 9458195 | 2027-10-13 | drug substance, drug product | IMCIVREE |
| 8039435 | 2032-08-21 | drug substance, drug product | IMCIVREE |
| 11129869 | 2034-07-04 | drug product | IMCIVREE |
FDA exclusivity
Exclusivity is granted by the FDA and runs separately from patents. It can block a generic even after a patent expires.
| Code | Expires | What it is | Product |
|---|---|---|---|
| ODE-336 | 2027-11-25 | Orphan drug exclusivity (7 years) | IMCIVREE |
| NPP | 2027-12-20 | New patient population | IMCIVREE |
| I-987 | 2029-03-19 | New indication (3 years) | IMCIVREE |
| ODE-402 | 2029-06-16 | Orphan drug exclusivity (7 years) | IMCIVREE |
| ODE-508 | 2031-12-20 | Orphan drug exclusivity (7 years) | IMCIVREE |
| ODE-509 | 2031-12-20 | Orphan drug exclusivity (7 years) | IMCIVREE |
Approved products
| Product | Type | Applicant | Approved | |
|---|---|---|---|---|
| IMCIVREE | Brand (NDA) | RHYTHM PHARMACEUTICALS INC | 2020-11-25 | reference listed drug, reference standard |
Frequently asked questions
When will generic Setmelanotide be available?
Based on the patents and exclusivity the FDA lists today, generic setmelanotide cannot be marketed in the United States before 2034-07-04, when the last listed protection expires.
Does this date guarantee a generic launches then?
No. It is the date the last protection the FDA currently lists expires. Patents can be challenged, licensed, or designed around, which can bring a generic earlier, and new patents can be listed later. Treat it as the outer limit of the brand's protection, not a launch forecast.
What is the difference between a patent and exclusivity?
A patent is granted by the patent office and listed with the FDA by the brand. Exclusivity is granted by the FDA itself on approval. They run independently, and exclusivity can keep a generic off the market even after a patent has expired.
What is a tentative approval?
It means the FDA has reviewed a generic application and judged it acceptable, but cannot allow it to be marketed yet because patents or exclusivity are still running. It is the clearest signal that a generic is ready to launch once the dates clear.
Source: FDA Orange Book via openFDA, with tentative-approval data from Drugs@FDA. Last updated 2026-09-23. Do not rely on this page to make decisions regarding medical care; always speak to your health provider about the risks and benefits of FDA-regulated products.