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PENTOTHAL Drug Patent Profile
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When do Pentothal patents expire, and what generic alternatives are available?
Pentothal is a drug marketed by Abbott and is included in one NDA.
The generic ingredient in PENTOTHAL is thiopental sodium. There is one drug master file entry for this compound. Additional details are available on the thiopental sodium profile page.
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- What is the 5 year forecast for PENTOTHAL?
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Summary for PENTOTHAL
| US Patents: | 0 |
| Applicants: | 1 |
| NDAs: | 1 |
| Raw Ingredient (Bulk) Api Vendors: | 11 |
| Clinical Trials: | 3 |
| Patent Applications: | 1,744 |
| DailyMed Link: | PENTOTHAL at DailyMed |
Recent Clinical Trials for PENTOTHAL
Identify potential brand extensions & 505(b)(2) entrants
| Sponsor | Phase |
|---|---|
| Saint Vincent's Hospital, Korea | N/A |
| TC Erciyes University | Phase 4 |
| Oslo University Hospital | Phase 4 |
US Patents and Regulatory Information for PENTOTHAL
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Exclusivity Expiration |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Abbott | PENTOTHAL | thiopental sodium | SUSPENSION;RECTAL | 011679-001 | 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 |
PENTOTHAL Market Dynamics and Financial Trajectory: Thiopental Sodium Patent, Regulatory, and Commercial Analysis
Pentothal is the former U.S. brand name for thiopental sodium, an ultra-short-acting barbiturate anesthetic. Its commercial trajectory is defined by patent expiry, substitution by propofol and other induction agents, manufacturing disruption, and the withdrawal of major U.S. supply. Pentothal has no meaningful remaining U.S. patent moat, no active biosimilar issue, and limited disclosed financial value. Its residual market is concentrated in selected international, hospital, veterinary, emergency, and specialized procedural settings.
What is Pentothal and how is thiopental sodium used?
Pentothal is an injectable formulation of thiopental sodium used primarily for the induction of general anesthesia. It has also been used for short procedures, control of refractory seizures, and reduction of intracranial pressure in selected critical-care settings. The drug is administered intravenously and has a rapid onset because of its high lipid solubility.
The active ingredient is thiopental sodium, a barbiturate. The drug is supplied as a sterile powder that must be reconstituted before injection. The formulation is materially different from ready-to-use injectable anesthetics such as propofol.
| Attribute | Pentothal |
|---|---|
| Active ingredient | Thiopental sodium |
| Drug class | Ultra-short-acting barbiturate |
| Dosage form | Sterile powder for injection |
| Primary use | Induction of general anesthesia |
| U.S. brand status | Legacy brand; no meaningful current U.S. commercial presence |
| Patent position | Core composition and use patents expired |
| Main substitutes | Propofol, etomidate, ketamine, methohexital |
| Biosimilar exposure | None; Pentothal is a small-molecule drug |
| Current commercial profile | Niche and geographically limited |
FDA labeling identifies thiopental as an intravenous anesthetic with rapid onset and short initial duration of action. The label also identifies important risks, including respiratory depression, cardiovascular depression, laryngospasm, and contraindications in acute porphyria and certain hypersensitivity settings.[1]
When did Pentothal lose exclusivity?
Pentothal lost meaningful market exclusivity decades ago. Thiopental was introduced before the modern Hatch-Waxman framework, and any relevant composition, formulation, or use patents associated with the original product have long expired.
| Exclusivity category | Pentothal status |
|---|---|
| Original compound exclusivity | Expired |
| U.S. composition patents | Expired |
| Formulation patents | Expired or commercially irrelevant |
| Method-of-use patents | Expired or commercially irrelevant |
| FDA new chemical entity exclusivity | Not applicable to current market |
| Orphan exclusivity | None identified |
| Pediatric exclusivity | None identified |
| Biosimilar exclusivity | Not applicable |
| Current patent cliff | No material future cliff |
The present commercial constraint is supply economics, not intellectual-property protection. Any qualified manufacturer able to satisfy FDA or local regulatory requirements can compete through generic or legacy-product pathways, subject to market-specific registration requirements.
What patents protect Pentothal and thiopental sodium today?
No active U.S. patent estate appears to protect the basic thiopental sodium molecule or the conventional Pentothal injectable powder. The product is a mature small molecule, and the original protection period has expired.
Are there formulation patents for Pentothal?
Conventional thiopental sodium is a reconstituted injectable powder. Its formulation technology is established and relatively simple compared with modern lipid emulsions, liposomal products, depot injections, or device-enabled delivery systems.
Potentially protectable subject matter could include:
- Modified reconstitution systems
- Stabilized injectable formulations
- Novel packaging
- Ready-to-use presentations
- Alternative salts or prodrugs
- Drug-delivery devices
- Manufacturing improvements
No such modern formulation platform has produced a recognized U.S. commercial franchise comparable with propofol emulsions or proprietary drug-delivery systems. A new formulation would require independent patent analysis and FDA approval, but it would compete against inexpensive generic anesthetics in a price-sensitive hospital market.
How strong is the Pentothal patent estate?
The patent estate is commercially weak. Its principal characteristics are:
- No active core-molecule protection.
- No meaningful Orange Book patent barrier.
- No regulatory exclusivity that prevents generic competition.
- No differentiated delivery technology supporting premium pricing.
- Limited incentive for patent-supported reformulation because substitute products are widely available.
What is the FDA regulatory status of Pentothal?
Pentothal’s U.S. regulatory status is best characterized as legacy and commercially inactive rather than as a protected branded product. Thiopental products have historically been approved for injection, but major branded supply in the United States was discontinued.
FDA’s Drugs@FDA and Orange Book systems distinguish between discontinued products and products withdrawn for safety or effectiveness reasons. Discontinuation alone does not establish a safety withdrawal. Pentothal’s market exit was associated primarily with commercial and manufacturing factors, including supply interruption and the loss of a reliable U.S. supplier.[2][3]
What is the Orange Book status of Pentothal?
The Orange Book does not create a current patent barrier for Pentothal. Any discontinued listing does not restore exclusivity or prevent approval of another thiopental sodium product.
The practical Orange Book analysis is:
| Orange Book issue | Assessment |
|---|---|
| Active listed patent blocking generic entry | No material barrier identified |
| Paragraph IV exposure | Low for the legacy brand because core patents are expired |
| Reference listed drug relevance | Limited by product discontinuation and market availability |
| 30-month stay risk | Not a central current risk |
| Brand-generic litigation posture | Minimal |
| Current regulatory value | Historical rather than defensive |
Why did Pentothal lose the U.S. market?
Pentothal’s U.S. decline resulted from a combination of clinical substitution and supply-side deterioration.
Clinical substitution
Propofol became the dominant induction agent in many operating-room settings because of rapid recovery, broad familiarity, and widespread availability. Etomidate gained use where cardiovascular stability is a priority. Ketamine retained a role in trauma, emergency medicine, and patients requiring analgesia or sympathetic stimulation. Methohexital remained relevant in certain procedural and electroconvulsive therapy settings.
Thiopental continued to offer advantages in selected cases, including low cost and established use in neuroanesthesia. Those advantages did not offset the broader operational convenience and purchasing availability of substitute products.
Manufacturing and supply interruption
Hospira, a major supplier of injectable hospital drugs, stopped producing thiopental in the United States after manufacturing and supply problems. The resulting shortage exposed the weakness of a low-volume product with limited manufacturing redundancy. FDA and professional pharmacy organizations documented the shortage and its effect on anesthesia practice.[2][4]
The economics are difficult for manufacturers:
- Low unit price limits gross-margin potential.
- Sterile injectable production has high quality and compliance costs.
- Hospitals can substitute other induction agents.
- Demand is fragmented across countries and specialties.
- Manufacturing interruptions can make the product commercially unattractive.
- Regulatory maintenance costs continue even when annual volume is low.
How does Pentothal compare with propofol, etomidate, and ketamine?
Pentothal competes in a mature intravenous induction market where clinical preference and supply reliability matter more than patent differentiation.
| Drug | Main commercial advantage | Main limitation versus Pentothal | Market position |
|---|---|---|---|
| Propofol | Rapid recovery and broad availability | Cardiovascular and respiratory depression; emulsion handling | Primary substitute in many operating rooms |
| Etomidate | Relative cardiovascular stability | Adrenal suppression concerns; myoclonus | Emergency and high-risk induction |
| Ketamine | Analgesia, airway reflex preservation, hemodynamic support | Psychotomimetic effects and variable recovery | Emergency, trauma, and procedural use |
| Methohexital | Established procedural and ECT use | Barbiturate class limitations | Niche procedural anesthetic |
| Thiopental | Rapid onset, low acquisition cost, established neuroanesthesia use | Supply scarcity, barbiturate risks, limited commercial availability | Residual and regional niche |
Pentothal’s competitive weakness is not primarily clinical inferiority in every use case. It is the combination of substitution, procurement risk, and unreliable availability.
What market dynamics affect Pentothal revenue?
Pentothal revenue has followed a long-term contraction curve rather than a conventional patent-cliff pattern.
Historical financial trajectory
The likely trajectory is:
| Period | Commercial condition | Financial effect |
|---|---|---|
| Early commercialization | Broad use in surgical anesthesia | Strong product demand |
| Generic expansion | More suppliers and lower prices | Volume retained; price erosion begins |
| Propofol adoption | Progressive clinical substitution | Volume and hospital share decline |
| U.S. manufacturing disruption | Shortage and withdrawal of major supply | Revenue collapses in the U.S. |
| Current niche phase | Limited international and institutional use | Low, fragmented revenue |
Public company filings generally do not report Pentothal revenue as a standalone line item. Where thiopental is included in a broader hospital injectable portfolio, the financial contribution is not separately quantified. The product should therefore be treated as a low-value legacy asset rather than as a material driver of pharmaceutical revenue.
Revenue exposure for manufacturers
Pentothal can have strategic value without producing significant revenue. A manufacturer may retain or acquire the product for:
- Portfolio completeness in hospital injectables
- Government or public-health procurement
- Regional anesthesia supply contracts
- Institutional continuity requirements
- Manufacturing utilization
- Cross-selling with other injectable products
The product is unlikely to justify substantial standalone commercial investment in the United States unless a supplier can secure stable procurement contracts or capture a shortage-driven premium.
Which companies have supplied or challenged Pentothal?
Pentothal and thiopental sodium have been associated with several manufacturers and distributors over time, including Abbott Laboratories and Hospira in the United States, with other regional suppliers active outside the United States.
The competitive structure has generally been fragmented:
- Original branded supply was associated with Abbott.
- Hospira became a significant U.S. injectable supplier.
- International manufacturers have continued to supply thiopental in selected markets.
- Generic competition is possible because core patents have expired.
- No current challenger needs to overcome a meaningful patent estate.
There is no major active Paragraph IV campaign comparable with patent disputes involving high-revenue branded medicines. The commercial contest is based on manufacturing capability, regulatory registration, procurement access, and dependable supply.
What patent litigation and settlement agreements affect Pentothal?
No major active U.S. patent litigation or settlement agreement is central to Pentothal’s current market position. The product’s primary patents are too old to support a current exclusionary strategy.
The absence of litigation is itself commercially relevant. A generic entrant would more likely face:
- FDA application and manufacturing requirements
- Sterile injectable inspection risk
- Drug-shortage procurement dynamics
- Hospital formulary substitution
- Supply-chain and raw-material constraints
It would be less likely to face:
- A branded patent lawsuit
- A Paragraph IV 30-month stay
- A patent settlement delaying launch
- A royalty-bearing license to the original brand owner
What generic launch risks exist for thiopental sodium?
Generic entry is legally straightforward but commercially difficult. The key risks are operational.
Regulatory and manufacturing barriers
Thiopental sodium requires sterile injectable manufacturing, validated aseptic processes, reliable active pharmaceutical ingredient supply, and compliance with current good manufacturing practice. FDA action against a manufacturing site could eliminate supply from a small market quickly.
Market and pricing barriers
A new entrant would face low expected pricing and uncertain volume. Propofol, etomidate, and ketamine are established substitutes, limiting the ability to raise prices even when thiopental is in shortage.
Launch scenarios
| Scenario | Likely result |
|---|---|
| U.S. re-entry by a generic manufacturer | Low-volume institutional product with limited brand value |
| Shortage-driven launch | Temporary pricing improvement, followed by normalization |
| Government-backed supply contract | More durable market access |
| Reformulated premium product | Possible differentiation, but substantial clinical and regulatory burden |
| International niche expansion | More viable than broad U.S. relaunch if local demand persists |
Does Pentothal face biosimilar or biologic competition?
No. Pentothal is a chemically synthesized small-molecule drug, not a biologic. Biosimilar pathways under the Public Health Service Act do not apply. Competition occurs through generic-drug and local pharmaceutical registration frameworks.
This distinction reduces regulatory complexity relative to biologics but also removes the possibility of biologic-style interchangeability barriers, extended exclusivity, or complex manufacturing differentiation.
What geographic markets still use thiopental?
Thiopental remains more commercially relevant outside the United States, although availability varies by country and institution. It may be retained for:
- General anesthesia induction
- Neuroanesthesia
- Pediatric anesthesia in selected settings
- Refractory status epilepticus
- Intracranial pressure management
- Veterinary anesthesia
- Government or military medical supply
Geographic value depends on local anesthesiology practice, procurement policy, competing products, regulatory registration, and whether a manufacturer maintains an approved sterile injectable facility.
The product’s international opportunity is therefore regional rather than global. A country may retain demand while neighboring markets have fully transitioned to propofol or other agents.
What manufacturing and intellectual-property barriers remain?
The principal barrier is sterile manufacturing, not intellectual property.
| Barrier | Current importance |
|---|---|
| Core patent protection | Low |
| Formulation patent protection | Low |
| API sourcing | Moderate |
| Sterile injectable capacity | High |
| FDA or local inspection compliance | High |
| Hospital contracting | Moderate to high |
| Clinical substitution | High |
| Product shortage exposure | High |
| Brand loyalty | Low |
| Reimbursement leverage | Low |
A potential manufacturer would need to solve supply reliability and market access before relying on patent strategy. A novel formulation could create intellectual-property value, but it would require clear clinical or operational advantages over propofol and other available induction agents.
What is the outlook for Pentothal’s financial trajectory?
Pentothal’s base-case outlook is stable at a low level, with limited prospects for material revenue growth. The product may generate episodic value during shortages or through specialized contracts, but a broad return to its historic U.S. market is unlikely.
The investment case is strongest for a manufacturer that already has:
- Approved sterile injectable capacity
- Thiopental API access
- Existing hospital distribution
- International registrations
- Government procurement relationships
- A broader anesthetic portfolio
The investment case is weak for a company that would need to build manufacturing capacity or create a new commercial organization for thiopental alone.
Key Takeaways
- Pentothal is the legacy brand for thiopental sodium, an ultra-short-acting intravenous barbiturate anesthetic.
- Core patents and any meaningful exclusivity have expired.
- No active U.S. patent estate materially blocks generic entry.
- Pentothal has no biosimilar exposure because it is a small-molecule drug.
- U.S. commercial decline resulted from propofol substitution, supply disruption, and weak sterile-injectable economics.
- Public filings do not generally disclose Pentothal revenue separately.
- Current value is concentrated in niche international, institutional, veterinary, and specialized clinical markets.
- Manufacturing reliability, regulatory compliance, and procurement access are more important than patent protection.
- A new U.S. entrant would face low prices, substitute products, and uncertain volume.
- The product is a legacy portfolio asset, not a high-growth pharmaceutical franchise.
FAQs about Pentothal market and patent status
Is Pentothal still sold in the United States?
Pentothal is not a meaningful current U.S. commercial brand. Thiopental sodium availability has been affected by discontinuation and supply shortages, while other induction agents remain widely used.
Can a company launch generic thiopental without a Pentothal license?
Because the core intellectual-property protection has expired, a company generally would not need a license from the original brand owner. It would still need to satisfy applicable FDA approval, manufacturing, labeling, and supply requirements.
Why did hospitals replace Pentothal with propofol?
Propofol became more widely available and is associated with rapid induction and recovery. Hospital purchasing and anesthesia protocols also favored a dependable supply of established alternatives.
Could a new thiopental formulation obtain patents?
Yes. A genuinely novel formulation, delivery system, packaging configuration, or manufacturing process could potentially receive patent protection if it satisfies patentability requirements. The commercial value would depend on proving a meaningful clinical or operational advantage.
Is thiopental used in veterinary medicine?
Thiopental has historical and continuing use in selected veterinary settings, but availability varies by jurisdiction. Veterinary demand is unlikely to support the historical scale of the human anesthesia market on its own.
References
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U.S. Food and Drug Administration. (n.d.). Pentothal sodium injection prescribing information. FDA labeling database.
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U.S. Food and Drug Administration. (n.d.). Drug shortages: Thiopental sodium injection. FDA Drug Shortages Database.
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U.S. Food and Drug Administration. (n.d.). Drugs@FDA and Orange Book: Approved drug products with therapeutic equivalence evaluations. U.S. Department of Health and Human Services.
-
American Society of Health-System Pharmacists. (n.d.). Drug shortages: Thiopental sodium. ASHP Drug Shortage Resource Center.
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U.S. Food and Drug Administration. (n.d.). Generic drugs and abbreviated new drug applications. U.S. Department of Health and Human Services.
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