Is the patent for diprivan valid?

I’m not a lawyer, but I can share some general information that might help you understand the typical life of a drug patent and the status of Diprivan (propofol).

1. Patent life for pharmaceuticals

• Standard term: In the United States, a utility patent lasts 20 years from the filing date (not from the date of approval or market launch).
• Patent extensions: Sometimes an extension (or “patent term extension”) can be granted to make up for time lost during regulatory review, but that’s only a few additional months–years, not decades.
• Provisional patents: A provisional filing can be submitted first; the 20‑year term counts from the earliest filing date of the whole family.

2. Propofol and Diprivan

• Active ingredient: The original patents covering the chemical synthesis of propofol were filed in the early 1970s. Those patents have long since expired (roughly 20 years after filing, i.e., mid‑1990s).
• Brand name “Diprivan”: The name Diprivan is a trademark (registered with the USPTO). Trademarks can be renewed indefinitely as long as the name is used in commerce. Trademarks do not provide the same protection as patents.
• Formulation and delivery patents: Occasionally, companies file patents on specific formulations, delivery devices, or novel uses of a drug. If any such patents exist for Diprivan, they would also have a fixed term and would expire 20 years from their earliest filing. Most of those patents, if they ever existed, would have expired by now.

3. Current status (as of the latest publicly available data)

• Patents on propofol: All of the U.S. utility patents that covered the synthesis and basic use of propofol have expired.
• Diprivan‑specific patents: The most recent U.S. patents that were specifically linked to the Diprivan brand (e.g., particular formulations or delivery devices) are also out of the patent life window.
• Generic availability: Propofol is widely available as a generic drug, and many manufacturers produce and market it under various brand names.

4. How to verify for yourself

If you need the exact dates or want to be sure that no newer patents or “ever‑green” protection mechanisms (like trade‑secret‑based formulations) are still in force, you can:

1. Search the USPTO database for the “Diprivan” mark and related patents (using the USPTO’s Patent Full‑Text and Image Database, or PatFT).
2. Look up the product’s FDA drug approval record; the FDA lists the “patent status” for each approved drug.
3. Consult a registered patent attorney or agent who can do a full prior‑art and status search.

Bottom line: The original patents covering the chemical compound propofol have long expired, and the Diprivan brand name is protected by trademark, not patent. Any additional patents that might have been issued for specific formulations or uses have also expired, and the drug is now generically available. If you need definitive legal guidance, you should consult a qualified intellectual‑property attorney.