Last Updated: June 17, 2026

DIPHEN Drug Patent Profile


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

Diphen is a drug marketed by Usl Pharma, Morton Grove, Alra, Anabolic, Elkins Sinn, Fosun Pharma, Halsey, Heather, Heritage Pharma, Hikma Intl Pharms, Impax Labs, Ivax Sub Teva Pharms, Lannett, Lederle, LNK, Mk Labs, Mutual Pharm, Newtron Pharms, Nexgen Pharma Inc, Perrigo, Pioneer Pharms, Purepac Pharm, Pvt Form, Roxane, Sun Pharm Industries, Superpharm, Teva, Valeant Pharm Intl, Vangard, Watson Labs, Whiteworth Town Plsn, Bundy, Cenci, Kv Pharm, Naska, Pharm Assoc, App Pharms, Avet Lifesciences, Bel Mar, Dr Reddys, Gland, Hikma, Hospira, Lyphomed, Micro Labs, Pharmobedient, West-ward Pharms Int, Wyeth Ayerst, Alpharma Us Pharms, Cumberland Swan, Sciegen Pharms, Abraxis Pharm, Fresenius Kabi Usa, Intl Medication, Able, Ani Pharms, Ascot, Chartwell Rx, Dr Reddys Labs Sa, Inwood Labs, Leading, Parke Davis, Quagen, R And S Pharma, Specgx Llc, Strides Pharma Intl, Unichem, Winder Labs Llc, Scherer Rp, and Chartwell Molecular. and is included in one hundred and ten NDAs.

The generic ingredient in DIPHEN is phenytoin sodium. There are twenty-one drug master file entries for this compound. Twenty-four suppliers are listed for this compound. Additional details are available on the phenytoin sodium profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Diphen

A generic version of DIPHEN was approved as phenytoin sodium by HIKMA on December 31st, 1969.

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Summary for DIPHEN
US Patents:0
Applicants:70
NDAs:110

US Patents and Regulatory Information for DIPHEN

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
App Pharms DIPHENHYDRAMINE HYDROCHLORIDE diphenhydramine hydrochloride INJECTABLE;INJECTION 040466-001 May 28, 2002 AP RX No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Fosun Pharma DIPHENOXYLATE HYDROCHLORIDE AND ATROPINE SULFATE atropine sulfate; diphenoxylate hydrochloride TABLET;ORAL 086173-001 Approved Prior to Jan 1, 1982 DISCN No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Pvt Form DIPHENHYDRAMINE HYDROCHLORIDE diphenhydramine hydrochloride CAPSULE;ORAL 083027-002 Approved Prior to Jan 1, 1982 DISCN No No ⤷  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
Last updated: February 4, 2026

What is the current market status and classification of Diphen?

Diphen, typically known as diphenhydramine, is an antihistamine used primarily for allergies, sleep aid, and motion sickness. It is available both over the counter (OTC) and via prescription in various jurisdictions. Existing formulations include tablets, capsules, topical products, and injectable forms. The drug's global sales exceeded $600 million annually as of 2021, with the U.S. accounting for approximately 80% of sales[1].

How does the patent landscape of Diphen influence investment opportunities?

Diphenhydramine’s original patents expired decades ago. However, newer formulations or combination products may hold recent or secondary patents. Patent protections predominantly exist around specific delivery systems or novel combinations. Companies holding such patents can secure exclusivity for 10-20 years post-filing, impacting generic competition.

Key patents related to formulations or delivery methods can extend market exclusivity, but the majority of Diphenhydramine’s patent protections have lapsed. Several generic manufacturers produce established, low-cost versions, reducing profit margins for proprietary products.[2]

What are the regulatory pathways affecting Diphen's commercialization?

In the U.S., Diphen is an OTC drug with a long-standing approval history, classified under OTC monograph systems. Companies wishing to introduce new formulations or indications may need to conduct clinical trials or seek pathway modifications via the FDA.

In other regions, regulatory pathways vary; in the EU, it is marketed as an OTC medication, with approval processes similar to the U.S. monograph system. Strategies focusing on novel formulations or delivery methods could require new regulatory submissions, adding cost and time.

What are the key competitive factors and barriers?

Competitive landscape includes low-cost generics with established market share. Brand loyalty exists for certain formulations, but price sensitivity is high among consumers. Innovation in sustained-release formulations or combination products may create differentiation.

Barriers include low profitability margins due to generic competition, patent expiry, and the drug’s age. Regulatory hurdles for new formulations may extend time-to-market.

What are the potential R&D strategies and growth opportunities?

Innovations could include extended-release or combined formulations for improved patient compliance. Investing in formulations that reduce sedative side effects or provide targeted delivery may create market differentiation.

Market growth can derive from expansion into emerging markets and new indications, such as off-label uses. However, the opportunity cost must be weighed against the low-margin environment and existing generic competition.

How does safety and adverse event profile impact investment?

Diphenhydramine has a well-known safety profile. Common adverse effects include sedation, dry mouth, and dizziness. Serious adverse events are rare but include hypersensitivity and anticholinergic effects with high doses.

Liability concerns limit aggressive R&D but do not typically impede minor modifications or new formulations unless safety issues arise. Safety considerations do not significantly hinder any attempts at reformulation or repositioning.

What is the outlook for sales and market demand?

Global sales have plateaued due to generic price competition but remain stable due to high OTC penetration. Growth prospects depend on consumer preferences for alternative sleep aids and allergy treatments, regulatory changes, and potential new indications.

In markets such as the U.S., where OTC sales dominate, growth hinges on consumer awareness and formulary positioning. In emerging markets, increasing healthcare access and rising allergy prevalence support potential growth.

What are the financial implications for investors?

Investors should consider that diphenhydramine’s dominant generic market limits revenue growth. Returns are primarily driven by stable OTC sales, brand loyalty, or niche formulations.

Developing new formulations involves substantial R&D, regulatory, and marketing costs, with uncertain clinical and market success. Licensing existing formulations or focusing on niche markets offers more predictable, lower-risk opportunities.

Key Takeaways

  • Diphenhydramine’s patent expirations have led to a highly competitive, low-margin generic landscape.
  • Innovation opportunities exist around formulations and delivery systems but require significant investment and regulatory approval.
  • Market demand remains steady for OTC applications, especially in mature markets like the U.S.
  • Growth prospects depend on product differentiation and penetration into emerging markets.
  • Investment considerations should weigh R&D costs against limited revenue growth potential owing to the mature, commoditized market.

FAQs

1. Can new formulations of Diphen be patented?
Yes, new formulations such as sustained-release or combination products can be patentable if they meet novelty and non-obvious criteria, potentially extending exclusivity.

2. Are there unmet medical needs with Diphen that could be exploited?
While Diphen is effective for allergies and sleep, side effects like sedation limit its use. Developing non-sedating alternatives could be a strategic angle.

3. How does market saturation affect investment?
High saturation with low-cost generics constrains profit margins, discouraging investments in competitive markets and favoring niche or innovative formulations.

4. What regulatory hurdles exist for reformulating Diphen?
Reformulations may require new clinical trials or safety data, depending on regional regulations. OTC status in the U.S. simplifies regulatory pathways for minor modifications.

5. What is the long-term outlook for Diphen’s market?
Market stability persists due to widespread OTC use and familiarity. Long-term growth relies on product innovations and expansion into new geographic markets.


Sources:
[1] IQVIA. Pharmaceutical Market Reports 2022.
[2] U.S. Patent Office, Patent Status Database.

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