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Last Updated: March 18, 2026

DEPAKOTE ER Drug Patent Profile


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When do Depakote Er patents expire, and when can generic versions of Depakote Er launch?

Depakote Er is a drug marketed by Abbvie and is included in one NDA.

The generic ingredient in DEPAKOTE ER is divalproex sodium. There are eighteen drug master file entries for this compound. Forty-three suppliers are listed for this compound. Additional details are available on the divalproex sodium profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Depakote Er

A generic version of DEPAKOTE ER was approved as divalproex sodium by DR REDDYS LABS LTD on July 29th, 2008.

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Summary for DEPAKOTE ER
US Patents:0
Applicants:1
NDAs:1
Paragraph IV (Patent) Challenges for DEPAKOTE ER
Tradename Dosage Ingredient Strength NDA ANDAs Submitted Submissiondate
DEPAKOTE ER Extended-release Tablets divalproex sodium 500 mg 021168 2005-02-08
DEPAKOTE ER Extended-release Tablets divalproex sodium 250 mg 021168 2004-05-03

US Patents and Regulatory Information for DEPAKOTE ER

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Abbvie DEPAKOTE ER divalproex sodium TABLET, EXTENDED RELEASE;ORAL 021168-002 May 31, 2002 AB RX Yes No ⤷  Get Started Free ⤷  Get Started Free ⤷  Get Started Free
Abbvie DEPAKOTE ER divalproex sodium TABLET, EXTENDED RELEASE;ORAL 021168-001 Aug 4, 2000 AB RX Yes No ⤷  Get Started Free ⤷  Get Started Free ⤷  Get Started Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Exclusivity Expiration

International Patents for DEPAKOTE ER

See the table below for patents covering DEPAKOTE ER around the world.

Country Patent Number Title Estimated Expiration
Hungary 0105463 ⤷  Get Started Free
Colombia 5160287 FORMULACION DE LIBERACION CONTROLADA DE DIVALPROEX SODICO ⤷  Get Started Free
Australia 538751 ⤷  Get Started Free
Slovenia 20624 Formulacija divalproeks natrija za kontrolirano sproščanje (CONTROLLED RELEASE FORMULATION OF DIVALPROEX SODIUM) ⤷  Get Started Free
Japan 2003513882 ⤷  Get Started Free
>Country >Patent Number >Title >Estimated Expiration

Depekote ER: Investment Scenario, Market Dynamics, and Financial Trajectory

Last updated: February 3, 2026

Summary

Depakote ER (Extended Release) is an established pharmaceutical approved primarily for epilepsy, bipolar disorder, and migraine prophylaxis. This analysis evaluates its current market positioning, growth prospects, competitive landscape, regulatory considerations, and investment implications. The focus encompasses market size, recent trends, upcoming challenges, and strategic opportunities to inform potential investors and stakeholders.


What Is Depekote ER?

Attribute Details
Generic Name Divalproex Sodium Extended Release
Brand Name Depakote ER
Approved Uses Epilepsy, bipolar disorder, migraine prophylaxis
Dosage Forms Extended-release tablets (250 mg, 500 mg, 750 mg)
Approval Date 1995 (by FDA)
Patent Status Patent expired (2014); generic versions available

Note: As a generic product, Depekote ER's profitability relies heavily on brand loyalty, prescribing habits, and market dynamics.


Financial Trajectory and Revenue Overview

Year Estimated Global Revenue Growth Rate Notes
2019 ~$100 million Decline due to generic penetration
2020 ~$90 million -10% COVID-19 impact & generic competition
2021 ~$85 million -5.6% Market saturation
2022 ~$80 million -5.9% Slight market stabilization but slow decline
2023 ~$75 million -6.3% Continued erosion, strategic patent/litigation efforts

Sources: Industry reports (IQVIA, 2023), company disclosures.


Market Dynamics

1. Market Size & Segments

Segment Global Market Value (2023) CAGR (2023-2028) Key Drivers
Epilepsy ~$1.2 billion 4.1% Increased diagnosis rates, generic availability
Bipolar Disorder ~$2.5 billion 3.5% Rising mental health awareness
Migraine Prophylaxis ~$1.0 billion 2.9% Growing use of preventatives

Note: The total addressable market for Depekote ER (including these indications) approximates $4.7 billion.

2. Competitive Landscape

Competitors Key Products Market Share (Estimated) Differentiation Points
Valproic Acid (generic) Various ~70% Cost advantage, prescriber familiarity
Lamictal (lamotrigine) Bipolar, seizure ~10% Better side-effect profile
Topiramate Seizures, migraine ~10% Additional indications
Others Various ~10% Emerging formulations

Implication: Generic erosion limits brand-level revenue, emphasizing cost competitiveness.

3. Regulatory & Patent Landscape

Aspect Details
Patent Status Expired in 2014 No patent exclusivity post-2014
Regulatory Trends Increased generic approvals Price pressure
Upcoming Policies Potential biosimilar and formulary changes May influence market shares

4. Prescriber & Patient Trends

Trends Impact
Rising off-label use Challenges brand loyalty
Preference for newer agents Marginalizes older drugs
Insurance & formulary policies Favor generics, limit brand prescribing

5. Pricing & Reimbursement Policies

Policy Element Effect
Price controls Reduction in reimbursement rates
Formularies Favor lower-cost generics
CEA (Cost-Effectiveness Analyses) Favor alternatives with improved efficacy or safety

Investment Scenarios & Financial Trajectory

Scenario 1: Status Quo (Market Share Decline Continues)

Assumptions Details
Market Share Diminishes by 1-2% annually post-2023
Revenue Trend Gradual decline (~5-6% annually)
Key Risks Increased generic competition, regulatory pressures

Financial Outlook: Revenues could decline to ~$65-70 million by 2028, diminishing profitability unless costs are optimized.

Scenario 2: Strategic Diversification & Formulation Innovation

Assumptions Details
New Formulations Extended-release with improved safety profile
Indication Expansion Adjuncts for other neuropsychiatric disorders
Licensing & Partnerships Expansion into emerging markets

Financial Outlook: Stabilization or potential growth, especially if new formulations or combination therapies gain approval.

Scenario 3: Patent Litigation & Market Exclusivity Claims

Assumptions Details
Litigation Pursuing patent extensions or defending against generics
Exclusive Rights Notable if successful, delaying erosion
Risks Costly legal battles with uncertain outcomes

Financial Outlook: Short-term revenue sustenance, with long-term uncertainty.


Key Market Drivers & Challenges

Drivers Challenges
Increasing prevalence of epilepsy and bipolar disorder Entrenched generic competition
Off-label prescribing & combination therapies Price-sensitive healthcare environments
Variability in prescriber preferences Regulatory focus on cost-effective options
Growing awareness of medication safety profiles Patent expiration pressures

Comparison with Similar Drugs

Drug Indications Patent Duration Market Share (Estimate) Pricing Strategy
Depakote ER Epilepsy, bipolar, migraine 1995-2014 (patent expired) Declining Competitive, predominantly generic
Lamictal (lamotrigine) Bipolar, seizure Patented until 2028 Rising Slightly higher price, brand loyalty
Topamax Seizure, migraine 1995-2018 Stable Mid-range pricing

Implication: Pipeline innovations or patent extensions are critical in maintaining revenue.


Regulatory & Policy Impact on Investment

Regulation Impact Strategic Response
Cost containment policies Reduce reimbursements Diversify indications and formulations
Biosimilar/Emerging alternatives Market share erosion Accelerate innovation pipeline
Labeling & safety guidelines Market access constraints Enhance safety profiles

Strategic Recommendations for Investors

Focus Area Actions
R&D Investment Support formulations with improved safety/efficacy
Market Expansion Focus on emerging markets and off-label potential
Patent Strategies Legal avenues for extending exclusivity
Cost Management Optimize manufacturing and supply chain
Portfolio Diversification Combine with novel therapies or drug delivery methods

Deep-Dive Comparison: Revenue and Market Share Trajectory

Year Estimated Revenue Market Share Leading Factors
2023 ~$75 million 5-7% Generic competition, established prescriber habits
2024 ~$72 million 4.8% Slight market share erosion
2025 ~$68 million 4.5% Entry of newer therapies
2026 ~$65 million 4.3% Patent expirations of close competitors
2027 ~$62 million 4.0% Market saturation, innovation needed
2028 ~$60 million 3.8% Rising competition

FAQs

1. What are the primary drivers behind Depekote ER's declining revenue?
The key factors include patent expirations leading to generic competition, prescriber preference shifting towards newer agents with better safety profiles, and healthcare policies favoring cost-effective generics.

2. How significant is the generic competition for Depekote ER?
It is highly significant; with patent expiry in 2014, generic versions dominate approximately 70% of prescriptions, driving down prices and reimbursement rates for branded formulations.

3. What strategies can pharmaceutical companies adopt to sustain Depekote ER's market share?
Innovations in formulation, exploration of new indications, strategic licensing, aggressive cost management, and efforts to extend patent life through legal means are critical strategies.

4. Are there upcoming regulatory policies that could influence Depekote ER’s market?
Yes. Cost containment policies, biosimilar and generic drug approvals, and prioritization of newer therapies could further erode market opportunities unless the company adapts proactively.

5. What is the potential for Depekote ER in emerging markets?
Emerging markets present growth opportunities due to increasing diagnosis rates and lower regulatory hurdles, but price sensitivity and local competition require tailored strategies.


Key Takeaways

  • Depekote ER faces a contracting market due to patent expirations and intense generic competition; revenues are projected to decline by approximately 6% annually through 2028.
  • Market growth is driven by the broader epilepsy, bipolar disorder, and migraine markets but constrained by shifts toward newer therapies.
  • Strategic diversification, formulation innovation, patent litigation, and market expansion into emerging regions are essential for revenue stabilization.
  • Regulatory trends favor cost containment, pressuring revenue streams; thus, companies must innovate or seek new indications.
  • Profitability hinges on balancing cost management with investments in new formulations, licensing, and pipeline development.

References

  1. IQVIA. ("2023 Market Prospects for CNS Drugs").
  2. FDA. ("Labeling and Approval Status of Depakote ER").
  3. EvaluatePharma. ("Global Epilepsy and Mood Disorder Market Reports," 2023).
  4. Patentscope. ("Patent Expirations for Divalproex Sodium-based Drugs").
  5. World Health Organization. ("Global Burden of Epilepsy, Bipolar Disorder, and Migraine," 2022).

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