Subsys Patent Expiration

Subsys is a drug owned by Btcp Pharma Llc. It is protected by 10 US drug patents filed from 2013 to 2020 out of which none have expired yet. Based on its patents and exclusivities, its generic launch date is estimated to be Apr 27, 2030. Details of Subsys's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US8486973 Sublingual fentanyl spray
Apr, 2030

(5 years from now)

Active
US8486972 Sublingual fentanyl spray
Apr, 2030

(5 years from now)

Active
US9642797 Sublingual fentanyl spray and methods of use to treat pain
Jan, 2027

(2 years from now)

Active
US8835460 Sublingual fentanyl spray and methods of treating pain
Jan, 2027

(2 years from now)

Active
US9289387 Method of treating pain by administering sublingual fentanyl spray
Jan, 2027

(2 years from now)

Active
US9241935 Sublingual fentanyl spray
Jan, 2027

(2 years from now)

Active
US9642844 Sublingual fentanyl spray
Jan, 2027

(2 years from now)

Active
US8835459 Sublingual fentanyl spray
Jan, 2027

(2 years from now)

Active
US10610523 Sublingual fentanyl spray
Jan, 2027

(2 years from now)

Active
US10016403 Sublingual fentanyl spray
Jan, 2027

(2 years from now)

Active


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Subsys's patents.

Given below is the list of recent legal activities going on the following patents of Subsys.

Activity Date Patent Number
Patent litigations
Expire Patent 13 May, 2024 US10610523
Expire Patent 29 Apr, 2024 US9289387
Maintenance Fee Reminder Mailed 27 Nov, 2023 US10610523
Maintenance Fee Reminder Mailed 13 Nov, 2023 US9289387
Expire Patent 24 Oct, 2022 US8835460
Expire Patent 15 Aug, 2022 US10016403
Maintenance Fee Reminder Mailed 10 May, 2022 US8835460
Maintenance Fee Reminder Mailed 28 Feb, 2022 US10016403
Payment of Maintenance Fee, 8th Year, Large Entity 18 Jan, 2021 US8486972
Payment of Maintenance Fee, 8th Year, Large Entity 18 Jan, 2021 US8486973


While patent expiration is one way of estimating the generic date of a drug, if a patent gets invalidated somehow, the generic of the drug may arrive early. Being aware of all relevant patents can help in avoiding legal pitfalls. Given below are details of the litigation history of Subsys and ongoing litigations to help you estimate the early arrival of Subsys generic.

Subsys's Litigations

Subsys been subject to various legal proceedings, including patent litigations. The earliest legal proceeding was initiated on Aug 24, 2015, against patent number US8835460. The petitioner Coalition For Affordable Drugs XI LLC, challenged the validity of this patent, with Insys Pharma, Inc. as the respondent. Click below to track the latest information on how companies are challenging Subsys's patents.

Last updated on December 17, 2024
Patent Proceeding Filing Date Status Respondent Petitioner
Patent litigations
US8486972 August, 2015 Terminated-Denied
(10 Mar, 2016)
Insys Pharma, Inc. Coalition For Affordable Drugs XI LLC
US8835459 August, 2015 Terminated-Denied
(10 Mar, 2016)
Insys Pharma, Inc. Coalition For Affordable Drugs XI LLC
US8835460 August, 2015 Terminated-Denied
(10 Mar, 2016)
Insys Pharma, Inc. Coalition For Affordable Drugs XI LLC


FDA has granted some exclusivities to Subsys. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Subsys, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Subsys.

Exclusivity Information

Subsys holds 1 exclusivities. All of its exclusivities have expired in 2015. Details of Subsys's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Product(NP) Jan 04, 2015

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US patents provide insights into the exclusivity only within the United States, but Subsys is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Subsys's family patents as well as insights into ongoing legal events on those patents.

Subsys's Family Patents

Subsys has patent protection in a total of 17 countries. It's US patent count contributes only to 38.6% of its total global patent coverage. 2 countries have all of their patents expired or invalidated which has opened up potential generic launch opportunities in these countries. Click below to unlock the full patent family tree for Subsys.

Family Patents

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Generic Launch

Generic Release Date:

Subsys's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be Apr 27, 2030 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Subsys Generic API suppliers:

Fentanyl is the generic name for the brand Subsys. 9 different companies have already filed for the generic of Subsys, with Mylan Technologies having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Subsys's generic

How can I launch a generic of Subsys before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Subsys's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Subsys's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Subsys -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
0.4 mg/spray 22 May, 2017 1 27 Apr, 2030
0.1 mg/spray, 0.2 mg/spray, 0.6 mg/spray, 0.8 mg/spray, 1.2 mg/spray, 1.6 mg/spray 07 Dec, 2017 1 27 Apr, 2030

Alternative Brands for Subsys

Subsys which is used for managing pain., has several other brand drugs in the same treatment category and using the same active ingredient (Fentanyl). Given below is the list of those companies and their brand drugs, to help you identify new opportunities, assess competitors, and plan your market strategies more effectively.

Drug Owner Drug Name Treatment Area
Fresenius Kabi Usa
Morphine Sulfate Used for managing chronic pain and treating pain in patients requiring opioid analgesia.
Genus
Tivorbex Used for relieving pain.
Recro Gainesville
Zohydro Er Used for managing pain in patients with hepatic impairment.
Tersera
Prialt Used for managing severe chronic pain through intrathecal infusion in patients also receiving morphine.
Upjohn
Lyrica used for managing fibromyalgia, treating various types of pain, and seizure disorders.
Zyla
Zorvolex Used for managing pain.

Apart from drugs working in same treatment category, there are also some brand drugs where treatment area is different, but the active ingredient used is same i.e. Fentanyl. Given below is the list of those drugs and companies owning them.

Drug Owner Drug Name
Adalvo
Onsolis
Btcp Pharma
Lazanda
Cephalon
Fentora
Sentynl Theraps Inc
Abstral
The Medicines Co
Ionsys


Apart from brand drugs containing the same ingredient, some generics have also been filed for Fentanyl, Subsys's active ingredient. Check the complete list of approved generic manufacturers for Subsys





About Subsys

Subsys is a drug owned by Btcp Pharma Llc. It is used for managing pain. Subsys uses Fentanyl as an active ingredient. Subsys was launched by Btcp Pharma in 2012.

Approval Date:

Subsys was approved by FDA for market use on 04 January, 2012.

Active Ingredient:

Subsys uses Fentanyl as the active ingredient. Check out other Drugs and Companies using Fentanyl ingredient

Treatment:

Subsys is used for managing pain.

Dosage:

Subsys is available in spray form for sublingual use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
0.6MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL
1.6MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL
0.2MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL
0.1MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL
0.4MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL
0.8MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL
1.2MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** SPRAY Discontinued SUBLINGUAL