Amgen's gets new US patent for Enbrel, giving protection until 2028

Global biotech leader Amgen (Nasdaq: AMN) has announced the issuance of a new patent, US Patent No 8,063,182, related to its blockbuster rheumatoid arthritis and psoriasis drug  Enbrel (etanercept).

This patent is owned by Swiss drug major Roche (ROG: SIX) and is exclusively licensed to Amgen. Immunex Corp (acquired by Amgen in 2002) originally licensed this patent application from Roche in 1999 and, in 2004, Amgen paid Roche a one-time payment and obtained an exclusive, fully paid-up license to the application which issued today as the '182 patent. The patent describes and claims the fusion protein that is etanercept, and by statute, the '182 patent has a term of 17 years from November 24, ie, until November 2028.

The main patent on the drug was scheduled to expire in October 2012, and Enbrel, among of other biotechnology drugs, was expected to face competition from biosimilars, or copy version, over the next few years. However, according to observers, there could well be legal challenges to the new patent, or potential copiers finding a way around it.