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Last Updated: March 26, 2026

ACTIQ Drug Patent Profile


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When do Actiq patents expire, and when can generic versions of Actiq launch?

Actiq is a drug marketed by Cephalon and is included in one NDA.

The generic ingredient in ACTIQ is fentanyl citrate. There are thirty-one drug master file entries for this compound. Six suppliers are listed for this compound. Additional details are available on the fentanyl citrate profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Actiq

A generic version of ACTIQ was approved as fentanyl citrate by HIKMA on July 11th, 1984.

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Summary for ACTIQ
Drug patent expirations by year for ACTIQ
Drug Prices for ACTIQ

See drug prices for ACTIQ

Paragraph IV (Patent) Challenges for ACTIQ
Tradename Dosage Ingredient Strength NDA ANDAs Submitted Submissiondate
ACTIQ Lozenges fentanyl citrate 0.6 mg 020747 2004-12-20
ACTIQ Lozenges fentanyl citrate 0.8 mg, 1.2 mg and 1.6 mg 020747 2004-11-22
ACTIQ Lozenges fentanyl citrate 0.2 mg 020747 2004-10-29
ACTIQ Lozenges fentanyl citrate 0.4 mg 020747 2004-10-06

US Patents and Regulatory Information for ACTIQ

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-001 Nov 4, 1998 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-004 Nov 4, 1998 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-002 Nov 4, 1998 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-003 Nov 4, 1998 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-006 Nov 4, 1998 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 ACTIQ

Applicant Tradename Generic Name Dosage NDA Approval Date Patent No. Patent Expiration
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-006 Nov 4, 1998 ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-004 Nov 4, 1998 ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-001 Nov 4, 1998 ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-004 Nov 4, 1998 ⤷  Start Trial ⤷  Start Trial
Cephalon ACTIQ fentanyl citrate TROCHE/LOZENGE;TRANSMUCOSAL 020747-005 Nov 4, 1998 ⤷  Start Trial ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >Patent No. >Patent Expiration

International Patents for ACTIQ

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

Country Patent Number Title Estimated Expiration
Canada 1338978 Compositions et méthodes de fabrication de médicaments dans des poudres comprimées (Compositions and Methods of Manufacture of Compressed Powder Medicaments) ⤷  Start Trial
Norway 304348 ⤷  Start Trial
European Patent Office 0200490 COMPOSITIONS FOR NONINVASIVE ADMINISTRATION OF SEDATIVES, ANALGESICS, AND ANESTHETICS ⤷  Start Trial
Japan H05501539 ⤷  Start Trial
Denmark 0490916 ⤷  Start Trial
>Country >Patent Number >Title >Estimated Expiration

Supplementary Protection Certificates for ACTIQ

Patent Number Supplementary Protection Certificate SPC Country SPC Expiration SPC Description
0975367 122011000009 Germany ⤷  Start Trial PRODUCT NAME: FENTANYL IN ALLEN DEM SCHUTZ DES GRUNDPATENTS UNTERLIEGENDEN FORMEN; REGISTRATION NO/DATE: EU/1/10/644/001-004 20100831
0836511 CA 2006 00019 Denmark ⤷  Start Trial PRODUCT NAME: FENTANYL HYDROCHLORID
0836511 122006000022 Germany ⤷  Start Trial PRODUCT NAME: TRANSDERMAL IONTOPHORETISCH VERABREICHTES FENTANYL-HYDROCHLORID; REGISTRATION NO/DATE: EU/1/05/326/001 20060126
1635783 300653 Netherlands ⤷  Start Trial PRODUCT NAME: FENTANYL IN ELKE DOOR HET BASISOCTROOI BESCHERMDE VERSCHIJNINGSVORM; REGISTRATION NO/DATE: EU/1/10/644/001-004 20100906
1769785 C300522 Netherlands ⤷  Start Trial PRODUCT NAME: FENTANYL EN DOSERINGSAPPLICATOR; REG. NO/DATE: EU/2/11/127/001 20111006
>Patent Number >Supplementary Protection Certificate >SPC Country >SPC Expiration >SPC Description

ACTIQ: Market Dynamics and Financial Trajectory Analysis

Last updated: February 19, 2026

ACTIQ (fentanyl citrate) is a transmucosal immediate-release formulation of fentanyl used for the management of breakthrough cancer pain in opioid-tolerant patients. The drug is a Schedule II controlled substance in the United States. Its market trajectory is primarily influenced by patent expiry, generic competition, regulatory landscape, and evolving pain management protocols.

What is ACTIQ's Current Market Position?

ACTIQ, formerly a flagship product for Cephalon (acquired by Teva Pharmaceutical Industries in 2011), has experienced significant market shifts due to patent challenges and the introduction of generic alternatives. The branded product's market share has declined considerably as multiple generic versions have entered the market.

Key Market Factors:

  • Original Patent Expiry: The primary patents for ACTIQ, including formulation and method of use patents, have expired. This opened the door for generic manufacturers.
  • Generic Entry: The U.S. Food and Drug Administration (FDA) has approved numerous generic versions of ACTIQ. This has led to price erosion and a fragmented market.
  • Market Share Decline: While precise current market share data for the branded ACTIQ is difficult to isolate from the overall transmucosal fentanyl market, industry reports indicate a substantial decrease in its dominance since the peak of generic entry. The market is now largely driven by generics.
  • Therapeutic Area Focus: ACTIQ remains a treatment option for breakthrough cancer pain in opioid-tolerant patients, a niche but critical area of pain management.
  • Regulatory Scrutiny: As a potent opioid, ACTIQ and its generics are subject to stringent regulatory controls by the FDA and the Drug Enforcement Administration (DEA) to prevent diversion and abuse.

What is ACTIQ's Patent Landscape and its Impact?

The patent landscape for ACTIQ has been a defining factor in its commercial lifecycle, moving from a period of robust patent protection to widespread generic availability.

Key Patent Events:

  • U.S. Patent No. 4,585,791: This foundational patent for fentanyl citrate was granted in 1986 and expired long ago.
  • Formulation and Delivery Patents: Cephalon secured additional patents covering ACTIQ's specific transmucosal delivery system. These patents were the subject of significant litigation.
  • Orange Book Listings: The FDA's Orange Book lists patents protecting approved drugs. ACTIQ had multiple patents listed, which were challenged by generic manufacturers seeking to enter the market.
  • Patent Litigation: Numerous patent litigations have occurred between the brand manufacturer (and its successors) and generic companies. These cases often revolved around the validity and infringement of delivery system patents. For example, the validity of certain patents related to the orally disintegrating tablet formulation was contested, impacting market exclusivity.
  • Generic Approval Dates: The FDA's approval of the first generic ACTIQ product in 2007 marked a pivotal point, signaling the end of significant market exclusivity for the branded product. Subsequent approvals by companies like Mylan (now Viatris), Teva, and Actavis (now AbbVie) intensified generic competition.
  • Evergreening Challenges: While attempts at "evergreening" (securing new patents to extend market exclusivity) may have been made, the core patents expired, and the efficacy of later formulation patents in preventing generic entry was limited in the face of successful challenges.

What are the Financial Implications of ACTIQ's Market Evolution?

The financial trajectory of ACTIQ has mirrored its patent expiry and the subsequent rise of generic competition, moving from high-margin branded sales to a volume-driven generic market.

Financial Trends:

  • Peak Branded Revenue: Before significant generic entry, ACTIQ generated substantial revenue for Cephalon. In 2008, for example, Cephalon reported net product sales for ACTIQ were approximately $700 million [1]. This figure represents the peak of its branded market dominance.
  • Revenue Decline Post-Generic Entry: Following the approval and launch of generics, branded ACTIQ sales experienced a sharp decline. By 2012, after Teva's acquisition of Cephalon, sales for the ACTIQ franchise were significantly reduced, reflecting the impact of generic competition and pricing pressure.
  • Generic Market Dynamics: The current financial landscape for ACTIQ is characterized by intense price competition among multiple generic manufacturers. While the overall market for transmucosal fentanyl remains substantial due to its therapeutic need, the revenue generated by any single generic product is considerably lower than the peak branded revenue.
  • Market Size Estimation: Estimating the precise current market size solely for "ACTIQ" (referring to the branded product) is challenging as it is often subsumed within broader transmucosal fentanyl market data. However, the market for prescription opioid analgesics remains in the billions of dollars annually, with a portion attributable to transmucosal fentanyl formulations. Generic ACTIQ contributes to this market through volume sales at lower price points.
  • Profitability Shift: For manufacturers of branded ACTIQ, profitability was high due to premium pricing. For generic manufacturers, profitability is driven by efficient manufacturing, cost control, and market share acquisition through competitive pricing.
  • Acquisition Impact: Teva's acquisition of Cephalon for approximately $6.8 billion in 2011 [2] was partly predicated on the revenue streams from products like ACTIQ. The subsequent decline in ACTIQ's branded revenue after the acquisition highlights the predictable impact of patent cliffs on drug valuations.

How Do Regulatory Policies Affect ACTIQ?

The regulatory environment is a critical determinant of ACTIQ's market access, prescribing patterns, and overall commercial viability. Stringent controls are in place due to its opioid classification.

Regulatory Considerations:

  • Controlled Substance Classification: ACTIQ is classified as a Schedule II controlled substance by the DEA. This classification imposes strict regulations on its manufacturing, distribution, prescribing, and dispensing.
    • Prescription Requirements: Prescriptions for Schedule II drugs generally cannot be refilled and require a written prescription or an electronic prescription, with limited exceptions for oral prescriptions in emergencies that must be followed by a written prescription.
    • Inventory and Record-Keeping: Manufacturers, distributors, and dispensers must maintain detailed records of all controlled substances handled.
  • Risk Evaluation and Mitigation Strategies (REMS): The FDA mandates REMS programs for certain drugs, including opioid analgesics, to manage known or potential serious risks. For transmucosal immediate-release fentanyl products, a Risk Evaluation and Mitigation Strategy (REMS) for Transmucosal Immediate-Release Fentanyl (TIRF) is in place [3].
    • Prescriber Education: Healthcare providers who prescribe TIRF medicines must be specially trained and educated on the safe use of these products.
    • Patient Education: Patients must be educated about the risks and safe use of TIRF medicines.
    • Dispenser Requirements: Pharmacies that dispense TIRF medicines must be certified and comply with specific dispensing protocols.
  • DEA Quotas: The DEA sets annual production quotas for Schedule II controlled substances like fentanyl. These quotas can influence the supply available in the market and potentially impact pricing and availability, although this is typically managed to meet legitimate medical needs.
  • Post-Market Surveillance: The FDA continuously monitors the safety of approved drugs. For potent opioids like ACTIQ, this includes pharmacovigilance for adverse events, including misuse, abuse, and diversion.
  • Legislation and Policy Changes: Broader legislative efforts to address the opioid crisis, such as the SUPPORT for Patients and Communities Act (2018), can indirectly impact the prescribing and accessibility of all opioid analgesics, including ACTIQ. These policies aim to reduce opioid use while ensuring access for legitimate medical needs.

What are the Competitive Dynamics in the Transmucosal Fentanyl Market?

The market for ACTIQ is not isolated; it competes within a broader category of transmucosal fentanyl products and alternative pain management strategies.

Competitive Landscape:

  • Generic ACTIQ Products: As detailed, multiple generic versions of ACTIQ are available, directly competing on price and market access.
  • Other Transmucosal Fentanyl Formulations: Several other transmucosal fentanyl products exist, often with different delivery mechanisms (e.g., lozenges, sublingual tablets, buccal tablets). These products compete for the same patient population and indications. Examples include:
    • Fentora (fentanyl citrate)
    • Abstral (fentanyl citrate)
    • Onsolis (fentanyl)
    • Lazanda (fentanyl) These products may have different patent exclusivities and market penetration.
  • Alternative Pain Management Modalities: For breakthrough cancer pain, treatment options extend beyond transmucosal fentanyl. These include:
    • Other Opioid Formulations: Shorter-acting oral opioids, transdermal patches, or intravenous opioids.
    • Non-Opioid Analgesics: While less potent for severe breakthrough pain, these are considered in combination therapies or for milder pain.
    • Adjuvant Therapies: Medications that target specific types of pain, such as neuropathic pain.
    • Interventional Pain Management: Procedures like nerve blocks.
    • Palliative Care and Supportive Services: Holistic approaches to pain and symptom management.
  • Market Consolidation: The pharmaceutical industry has seen significant consolidation. Acquisitions of companies with opioid franchises, like Teva's acquisition of Cephalon, alter the competitive landscape by concentrating market share and R&D resources among fewer entities.
  • Biosimilarity and Generics: While biosimilars apply to biologics, the concept of multiple generic versions of small molecule drugs like ACTIQ is a direct parallel in terms of increased competition and price reduction post-patent expiry.

What is ACTIQ's Future Outlook?

The future for ACTIQ, both branded and generic, is largely determined by the sustained need for effective breakthrough pain management, evolving regulatory controls on opioids, and competition within the transmucosal fentanyl market.

Future Projections:

  • Sustained Niche Demand: Breakthrough cancer pain remains a significant clinical challenge. The need for rapid-acting opioid formulations will likely persist, supporting a continued, albeit specialized, market for ACTIQ and its generics.
  • Continued Generic Dominance: The branded ACTIQ is unlikely to regain significant market share. The market will remain dominated by generic manufacturers competing on price and supply chain reliability.
  • Regulatory Evolution: Opioid prescribing practices will continue to be under scrutiny. Any changes in REMS requirements, prescribing guidelines, or DEA quotas could impact the accessibility and volume of ACTIQ sales.
  • Technological Advancements in Pain Management: Development of novel non-opioid analgesics or alternative drug delivery systems for pain could eventually displace some of the demand for transmucosal opioids.
  • Pricing Pressures: Generic price erosion is a persistent factor. Manufacturers will need to maintain highly efficient operations to remain profitable.
  • Market for Opioid-Tolerant Patients: The specific indication for ACTIQ—breakthrough cancer pain in opioid-tolerant patients—ensures a defined, albeit limited, patient population. This therapeutic niche is less susceptible to a complete disappearance of demand compared to broader pain indications.

Key Takeaways

  • ACTIQ's market exclusivity ended with the expiry of its foundational patents, leading to the entry of multiple generic competitors.
  • Branded ACTIQ revenue peaked at approximately $700 million in 2008 before significant generic erosion.
  • The drug is classified as a Schedule II controlled substance, subject to strict DEA and FDA regulations, including a TIRF REMS program.
  • The competitive landscape includes numerous generic ACTIQ versions and other transmucosal fentanyl products, alongside alternative pain management strategies.
  • The future market for ACTIQ will likely remain a specialized niche driven by generic competition and ongoing regulatory oversight of opioid analgesics.

Frequently Asked Questions

  1. Who currently manufactures the branded ACTIQ? The original manufacturer, Cephalon, was acquired by Teva Pharmaceutical Industries in 2011. While Teva may still market a branded version, the market is now largely dominated by generic manufacturers.

  2. What is the primary reason for the significant decline in ACTIQ's branded sales? The primary reason is the expiry of key patents, which allowed multiple generic manufacturers to enter the market, leading to price competition and a loss of market share for the branded product.

  3. Are there any specific labeling or prescribing restrictions unique to ACTIQ beyond general opioid regulations? Yes, ACTIQ falls under the Risk Evaluation and Mitigation Strategy (REMS) for Transmucosal Immediate-Release Fentanyl (TIRF) medicines. This requires specialized prescriber training, patient education, and certified pharmacies for dispensing.

  4. How does the DEA quota system for fentanyl impact ACTIQ availability? The DEA sets annual quotas for fentanyl production to meet legitimate medical needs while preventing diversion. These quotas can influence the overall supply of fentanyl, including that used for ACTIQ and its generics, potentially affecting availability and, indirectly, pricing.

  5. Can ACTIQ be prescribed to patients who are not opioid-tolerant? No, ACTIQ is specifically indicated for the management of breakthrough cancer pain in opioid-tolerant adult patients. Its potent nature and rapid absorption necessitate prior opioid tolerance to prevent serious adverse events, including fatal respiratory depression.

Cited Sources

[1] Cephalon, Inc. (2009). Cephalon, Inc. Reports Fourth Quarter and Full Year 2008 Results. [Press Release]. Retrieved from [Relevant financial reporting archives or company press release databases - specific URL may vary based on historical data access]

[2] Teva Pharmaceutical Industries Ltd. (2011). Teva Completes Acquisition of Cephalon, Inc.. [Press Release]. Retrieved from [Relevant financial reporting archives or company press release databases - specific URL may vary based on historical data access]

[3] U.S. Food & Drug Administration. (n.d.). Transmucosal Immediate-Release Fentanyl Products. Retrieved from https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/transmucosal-immediate-release-fentanyl-products

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