Subsys (fentanyl)

Frequently asked

Common questions about Subsys's patent landscape

When will generics enter the market for Subsys?

Subsys's foundational composition patent already expired (Jan 25, 2026), so the cliff window is open. The cliff closes Apr 26, 2030 when the last US OB patent falls. Whether generics have actually entered depends on the strength of secondary patents (formulations, methods of use, manufacturing) and whether settlements were reached — Hatch-Waxman settlements often produce delayed-entry agreements between the brand and the first ANDA filer, typically trading a 180-day exclusivity for an entry date months to years past the patent.

What's the difference between "cliff opens" and "cliff closes"?

Cliff opens (Jan 25, 2026) marks Subsys's foundational composition patent expiry — the earliest theoretical date for generic entry. Cliff closes (Apr 26, 2030) is when the last US patent in the thicket finally falls — after which the market has no patent-based barriers. The gap between these two dates is the lifecycle-extension window: secondary patents (formulations, methods of use, manufacturing) that can block generics even after the composition patent has expired.

Why is Subsys in the Orange Book?

Subsys is regulated via the FDA 505(b) NDA pathway for small-molecule drugs and listed in the FDA Orange Book (small molecules). Small-molecule NDA holders must list approved-use patents in the Orange Book under Hatch-Waxman. The patents shown here come directly from FDA Orange Book listings.

What's a patent family and why does it matter?

A patent family is a group of patent applications and grants worldwide that share the same priority filing (the earliest invention disclosure). One US patent often expands to 20–40+ filings across different jurisdictions — each grant in a different country protecting the same underlying invention. Subsys has 2 families that resolve to 67 international documents across 17 countries. Families matter because generic entry requires clearing patent barriers in each market separately — a US generic launch is independent of EU or Japan launches.

How were these Subsys patents identified?

Subsys's 10 US patents come directly from the FDA Orange Book, which small-molecule NDA holders are required to list under Hatch-Waxman. We then expand each Orange Book patent to its full international family using the BigQuery patent family graph (priority date + global jurisdictions). The US patent list is FDA-authoritative.

What does the "Multiplier" stat mean?

The multiplier shows how many international patent documents exist for every US patent in Subsys's thicket — calculated as 67 international documents ÷ 10 US patents = 7×. A high multiplier (>10×) indicates an aggressive global filing strategy — the sponsor has filed in many countries to maximize geographic protection. A low multiplier suggests the patent estate is US-centric, with limited international protection.