Last Updated: August 8, 2026

DIASTAT Drug Patent Profile


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

Diastat is a drug marketed by Bausch and is included in one NDA.

The generic ingredient in DIASTAT is diazepam. There are eight drug master file entries for this compound. Forty-eight suppliers are listed for this compound. Additional details are available on the diazepam profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Diastat

A generic version of DIASTAT was approved as diazepam by MYLAN on September 4th, 1985.

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Questions you can ask:
  • What is the 5 year forecast for DIASTAT?
  • What are the global sales for DIASTAT?
  • What is Average Wholesale Price for DIASTAT?
Summary for DIASTAT
Recent Clinical Trials for DIASTAT

Identify potential brand extensions & 505(b)(2) entrants

SponsorPhase
Aquestive TherapeuticsPhase 1/Phase 2
Acorda TherapeuticsPhase 2
University of Minnesota - Clinical and Translational Science InstitutePhase 1

See all DIASTAT clinical trials

US Patents and Regulatory Information for DIASTAT

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Bausch DIASTAT diazepam GEL;RECTAL 020648-001 Jul 29, 1997 AB RX Yes Yes ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Bausch DIASTAT ACUDIAL diazepam GEL;RECTAL 020648-006 Sep 15, 2005 AB RX Yes Yes ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Bausch DIASTAT diazepam GEL;RECTAL 020648-004 Jul 29, 1997 DISCN Yes 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

Expired US Patents for DIASTAT

Applicant Tradename Generic Name Dosage NDA Approval Date Patent No. Patent Expiration
Bausch DIASTAT diazepam GEL;RECTAL 020648-001 Jul 29, 1997 ⤷  Start Trial ⤷  Start Trial
Bausch DIASTAT diazepam GEL;RECTAL 020648-003 Jul 29, 1997 ⤷  Start Trial ⤷  Start Trial
Bausch DIASTAT diazepam GEL;RECTAL 020648-005 Jul 29, 1997 ⤷  Start Trial ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >Patent No. >Patent Expiration

International Patents for DIASTAT

See the table below for patents covering DIASTAT around the world.

Country Patent Number Title Estimated Expiration
Australia 7686394 ⤷  Start Trial
Canada 2171627 COMPOSITION ADMINISTREE PAR VOIE RECTALE, POUR EMPECHER LES CRISES D'EPILEPSIE (RECTALLY-ADMINISTERED, EPILEPTIC-SEIZURE-INHIBITING COMPOSITION) ⤷  Start Trial
World Intellectual Property Organization (WIPO) 9507672 ⤷  Start Trial
>Country >Patent Number >Title >Estimated Expiration

Diastat (diazepam rectal gel) Market Dynamics and Financial Trajectory: Pricing, Demand, Exclusivity, and Competitive Threats

Last updated: July 2, 2026

Diastat (diazepam rectal gel) has a defined niche in acute seizure rescue and is exposed to cyclical payer pressure, competitive substitution within rescue-therapy formats, and price re-evaluation as exclusivity and patent leverage shift. The product’s financial trajectory is driven by (1) U.S. channel inventory cycles, (2) formulary access and prior authorization patterns, (3) conversion from emergency-care administration toward at-home rescue use, and (4) the pace of generic or alternative-brand erosion in rectal diazepam and adjacent seizure-rescue categories.

What is Diastat and how does it fit the acute seizure rescue market?

Diastat is a diazepam formulation indicated for intermittent treatment of frequent seizures, acute repetitive seizures, and seizure clusters in specific pediatric and adult populations depending on label language. The market dynamic is shaped by the “rescue” segment of epilepsy care, where prescribing is less tied to chronic control and more tied to episode frequency, caregiver training, and payer willingness to cover nonstandard administration.

Which patient settings drive demand?

Demand concentrates in:

  • Home use for patients with seizure clusters, driven by caregiver readiness and dose availability.
  • School and institutional rescue where protocols require rapid administration.
  • ED/urgent care inventory presence, but ED volume typically supports switching based on stocking and protocol adherence.

How do formulary rules affect uptake?

Key payer mechanics:

  • Prior authorization tied to diagnosis (epilepsy), seizure frequency, and documentation of seizure rescue need.
  • Site-of-care constraints or step therapy favoring other rescue options when coverage policies change.
  • Quantity limits linked to seizure frequency and dosing interval.

Who sells Diastat and what channel structure controls revenue?

Diastat revenue is highly sensitive to U.S. branded specialty distribution norms:

  • Pharmacy benefit: main driver for out-of-hospital use.
  • Institutional purchasing: intermittent but protocol-driven orders.
  • Contracting dynamics: rebates and value-based contracting can compress net price even when WAC stays stable.

What revenue levers matter most for net sales?

  • Net price: WAC minus rebates, chargebacks, and co-pay support structure (if used).
  • Patient adherence: caregivers using the medication appropriately (affects re-fill cadence).
  • Durable formulary status: once preferred, volume persists; if demoted, volume can fall quickly.

What pricing and reimbursement dynamics typically move Diastat sales?

Pricing pressure in acute-care seizure rescue products usually follows a pattern:

  • Initial stability after branded renewal or major contracting changes.
  • Then payer recalibration once alternative rescue options show comparable administration reliability or lower cost.
  • Net price volatility from rebate rate adjustments and plan-level contracting renegotiations.

How does step therapy or PA denial affect unit demand?

  • PA denials reduce prescriptions converted to fills, lowering demand even if clinical need exists.
  • Coverage denials often force prescribers to switch to another rescue format, creating substitution that can persist even after coverage disputes resolve.

How sensitive is demand to generic pricing in rescue categories?

Rescue drugs show moderate switching elasticity because payers treat them as interchangeable within the same therapeutic goal (acute seizure termination). Switching is usually fastest where:

  • dosing is comparable,
  • administration training burden is manageable,
  • payer policies explicitly favor lower-cost alternatives.

When does Diastat lose exclusivity and how does that change the financial outlook?

Diastat has been in the market for years and is exposed to the broader timeline of diazepam rescue product protection. Financial trajectory depends on whether additional competition is arriving through:

  • FDA-approved generics in the same dosage form,
  • authorized generics or AB-rated products,
  • label-compatible alternatives that maintain rescue indication coverage.

Featured-snippet answer: Diastat’s longer-term financial trajectory is constrained by the continuing erosion risk typical of older branded products as FDA-rated alternatives gain share through formulary favorability.

What exclusivity and patent dynamics usually matter for rescue diazepam?

For legacy rescue products, revenue impact typically comes from:

  • conversion to AB-rated generic competition,
  • narrower remaining patent coverage focused on formulation, device, or method-of-use,
  • litigation and settlement outcomes that accelerate generic launch timing.

What patent estate and litigation risks affect generic or alternative entry?

Financial outcomes for Diastat track patent and litigation behavior in its IP family:

  • If litigation reduces launch delays, unit share and net price fall quickly.
  • If settlements include launch protection, the brand retains volume longer.

Where does litigation risk show up in the market?

  • Increased wholesale channel destocking before a launch risk window.
  • Temporary prescriber pull-through or contracting renegotiation as payers anticipate generic access.
  • Post-launch rebate reset across plans that add generic options.

What generic entry risks exist for Diastat in the U.S.?

Generic entry risks center on:

  • rectal diazepam formulations (same route, same rescue purpose),
  • AB substitution at the pharmacy counter,
  • therapeutic substitution where plans treat rescue options as equivalent within step therapy frameworks.

What determines whether generics capture share fast?

  • Formulary placement: preferred generic tiering drives volume capture.
  • Co-pay and patient affordability: even with PA, patient out-of-pocket can decide switching.
  • Supply and packaging reliability: rescue products face higher tolerance for availability issues.

How does Diastat compare with competing seizure rescue options?

Diastat competes across two axes: (1) administration route, and (2) payer perception of reliability and usability.

What are the main competitor buckets?

  • Rectal benzodiazepines (diazepam rescue variants).
  • Nasal rescue therapies (benzodiazepines delivered intranasally) where adoption has increased due to easier administration and school/home practicality.
  • Buccal formulations (caregiver usability advantage).

Where does Diastat usually lose share first?

Diastat’s first erosion often occurs among payers and institutions that:

  • prefer non-rectal routes,
  • have standardized rescue kits using nasal or buccal options,
  • reduce barriers to caregiver administration.

What is the Orange Book status of Diastat and what does it imply for competition?

Orange Book status is the practical indicator of:

  • what active ingredients and rated products exist,
  • what exclusivities and patents remain in force,
  • when generic entry pathways become viable for specific dosage forms.

Featured-snippet answer: The Orange Book patent web is the basis for expected competition timing. When remaining listed patents narrow to non-blocking claims or expire, generics gain entry velocity via Abbreviated New Drug Applications and paragraph IV strategies.

How do Orange Book listings translate into market outcomes?

  • Broad blocking patents tend to preserve branded unit share.
  • Patent expiration or settlement-defined launch windows compress price and volume.
  • Narrow formulation or method-of-use patents may or may not block supply depending on claim coverage and generic design-around capability.

How is Diastat performing financially: unit trends vs net sales pressure?

Diastat’s financial trajectory typically splits into:

  1. Units: can remain resilient if rescue indication retention is strong, caregiver training is entrenched, and payer coverage stays stable.
  2. Net sales: compress due to rebate renegotiation and generic substitution. Even when units hold, net revenue often declines.

What financial patterns should be expected in a mature branded rescue product?

  • Gradual downtrend in net price as contracting tightens.
  • Discrete drops in sales around generic launch events or major formulary changes.
  • Ongoing demand supported by chronic epilepsy programs, but limited upside because rescue use is episodic.

What FDA and regulatory milestones affect Diastat’s trajectory?

Regulatory milestones that influence sales:

  • label updates affecting eligibility,
  • manufacturing approvals affecting supply stability,
  • changes in compendial status or insurer coverage tied to clinical guidelines.

Does regulatory change usually increase or reduce revenue?

  • Label expansion tends to support modest volume growth.
  • Safety communications can reduce utilization.
  • Manufacturing constraints can cap sales even if demand exists.

How do payer contracts and pharmacy benefit design influence Diastat net revenue?

Commercial reimbursement patterns for rescue drugs:

  • Preferred tiering drives movement from PA-heavy coverage to easier access.
  • If Diastat is moved to a non-preferred tier, net revenue falls disproportionately due to lost conversion.
  • PBM rebate dynamics can keep headline revenue stable short term while delaying price discovery.

Which contract elements matter most?

  • Rebate structure (plan-specific), often the main driver of net price changes.
  • Exclusivity-like managed access (preferred brand policy even when generics are available).
  • Authorized generic competition strategies that reset market pricing.

What manufacturing and supply risks can affect financial outcomes?

Rescue therapies are sensitive to:

  • packaging availability,
  • cold-chain or storage constraints if applicable to specific formulations,
  • production lead times and batch release delays.

Supply constraints often appear as:

  • temporary backorders,
  • substitutions or therapeutic switching by institutions.

Financial effect: lost fills can persist if caregivers shift permanently to alternative rescue products.

What settlement agreements and launch timing scenarios shape the next 24–48 months?

For mature branded products facing generic risk, market outcomes typically follow two scenario classes:

  • Delayed generic launch through settlement: maintains higher net sales and delays unit share erosion.
  • Accelerated launch through resolution: forces immediate net price reset and share loss.

Even when launches are delayed, payers start pricing contracts in anticipation, causing gradual erosion before launch.

Key Takeaways

  • Diastat’s financial trajectory is driven less by growth and more by net price compression, formulary access, and substitution pressure in acute seizure rescue.
  • The dominant near-to-mid-term swing factor is the pace of competition from FDA-rated alternatives and the timing of patent or litigation outcomes that determine launch delays.
  • Demand tends to persist in covered populations due to caregiver and institutional rescue protocols, but net sales usually decline faster than units once contracting and generic substitution intensify.
  • The next phase of market dynamics will be shaped by route-of-administration substitution toward nasal and buccal rescue products where payers prefer easier caregiver administration.

FAQs

  1. How do PBM rebates typically change Diastat net sales after generic competition?
  2. Which seizure rescue administration routes gain formulary preference over time versus rectal benzodiazepines?
  3. How do paragraph IV challenges to Orange Book patents translate into launch timing and sales impact for Diastat?
  4. What is the usual unit versus revenue pattern for mature branded rescue therapies facing AB-rated competition?
  5. How do safety, label changes, or manufacturing disruptions affect prescribing and refill cadence for Diastat?

References

  1. U.S. Food and Drug Administration. Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations. https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm
  2. U.S. Food and Drug Administration. FDA Drug Approval Reports and Labeling Database. https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm

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