Last Updated: November 8, 2026

DSUVIA Drug Patent Profile

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Which patents cover Dsuvia, and what generic alternatives are available?

Dsuvia is a drug marketed by Vertical Pharms and is included in one NDA. There are twenty-one patents protecting this drug.

The generic ingredient in DSUVIA is sufentanil citrate. There is one drug master file entry for this compound. One supplier is listed for this compound. Additional details are available on the sufentanil citrate profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Dsuvia

A generic version of DSUVIA was approved as sufentanil citrate by HOSPIRA on December 11th, 1996.

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Recent Clinical Trials for DSUVIA

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SponsorPhase
Frank GuyettePhase 3
United States Department of DefensePhase 3
Montefiore Medical CenterPhase 4

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US Patents and Regulatory Information for DSUVIA

DSUVIA is protected by twenty-one US patents.

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Vertical Pharms DSUVIA sufentanil citrate TABLET;SUBLINGUAL 209128-001 Nov 2, 2018 DISCN Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Exclusivity Expiration

Supplementary Protection Certificates for DSUVIA

Patent Number Supplementary Protection Certificate SPC Country SPC Expiration SPC Description
2114383 300797 Netherlands ⤷  Start Trial PRODUCT NAME: SUFENTANIL, DESGEWENST IN DE VORM VAN SUFENTANILCITRAAT; REGISTRATION NO/DATE: EU/1/15/1042 20150922
2114383 CA 2016 00007 Denmark ⤷  Start Trial PRODUCT NAME: SUFENTANIL, HERUNDER SUFENTANIL SOM CITRAT; REG. NO/DATE: EU/1/15/1042/001-006 20150922
2114383 CR 2016 00007 Denmark ⤷  Start Trial PRODUCT NAME: SUFENTANIL; REG. NO/DATE: EU/1/15/1042/001-006 20150922
2114383 122016000023 Germany ⤷  Start Trial PRODUCT NAME: SUFENTANIL, WAHLWEISE IN FORM VON SUFENTANILCITRAT; REGISTRATION NO/DATE: EU/1/15/1042 20150918
2114383 16C0010 France ⤷  Start Trial PRODUCT NAME: SUFENTANIL; REGISTRATION NO/DATE: EU/1/15/1042 20150918
2114383 SPC/GB16/004 United Kingdom ⤷  Start Trial PRODUCT NAME: SUFENTANIL; REGISTERED: UK EU/1/15/1042 20150922
>Patent Number >Supplementary Protection Certificate >SPC Country >SPC Expiration >SPC Description

Dsuvia Market Dynamics and Financial Trajectory

Last updated: September 26, 2026

Dsuvia, a 30-microgram sublingual sufentanil tablet, has remained a niche hospital and military analgesic rather than a broad commercial opioid franchise. FDA approval in 2018 established a differentiated delivery system for acute pain, but restricted use, opioid-safety concerns, limited hospital adoption, procurement concentration and the absence of a large outpatient market constrained sales. Public company disclosures indicate annual Dsuvia product revenue remained in the low-single-digit-million-dollar range during AcelRx Pharmaceuticals' commercial period, far below the scale required to support a large standalone specialty-pharmaceutical business.[1][2]

What is Dsuvia and how does it compete in acute pain?

Dsuvia contains sufentanil, a potent synthetic opioid, in a single-dose sublingual tablet administered with a proprietary handheld delivery system. The FDA approved it for use in adults in certified medically supervised settings for acute pain severe enough to require an opioid analgesic.[1]

Dsuvia product profile

Attribute Dsuvia
Active ingredient Sufentanil
Dose 30 micrograms per sublingual tablet
FDA application NDA 209128
Initial FDA approval November 2, 2018
Administration Sublingual, using a handheld applicator
Primary setting Medically supervised acute-care environments
Sponsor at approval AcelRx Pharmaceuticals
Main commercial channels U.S. military, hospitals, ambulatory and emergency-care settings
Regulatory classification Schedule II controlled substance

The product was designed for patients who need rapid opioid analgesia when intravenous access is unavailable, impractical or undesirable. Its principal competitors are injectable opioids such as fentanyl and morphine, oral transmucosal opioids, intranasal analgesics and other hospital-administered acute-pain products.

Dsuvia’s differentiation is operational rather than purely pharmacological. The tablet avoids an injection and can be administered rapidly by trained personnel. The same characteristics create barriers: the drug is highly potent, requires controlled administration, and has limited utility outside supervised settings.

How large is the Dsuvia market?

Dsuvia addresses a narrow segment of the acute-pain market. It is not approved for home use, chronic pain, routine postoperative self-administration or broad outpatient dispensing. That sharply limits prescription volume and reduces the opportunity to build a traditional retail or specialty-pharmacy franchise.

Key market drivers

The principal demand drivers are:

  • Military trauma care and battlefield medicine.
  • Emergency departments and urgent-care environments.
  • Postoperative pain when intravenous access is difficult.
  • Institutional protocols seeking an alternative to injectable opioids.
  • Situations requiring rapid analgesia with controlled administration.

The military channel was strategically important because the Department of Defense evaluated Dsuvia for use in austere environments where intravenous equipment and trained personnel may be constrained. AcelRx disclosed U.S. government procurement and development support associated with the product.[2][3]

Key market constraints

Commercial adoption has been limited by:

  1. Restricted indication. FDA labeling limits Dsuvia to certified medically supervised settings.
  2. Opioid risk scrutiny. The product received substantial attention from FDA advisers and opioid-safety critics before approval.[4]
  3. Hospital formulary friction. Institutions must evaluate controlled-substance handling, diversion risk, training and monitoring.
  4. Low treatment frequency. Acute-pain use produces fewer recurring prescriptions than chronic therapies.
  5. Established alternatives. Injectable fentanyl and morphine are inexpensive, familiar and widely stocked.
  6. Procurement concentration. Military and government orders can materially affect quarterly revenue.
  7. Commercial infrastructure costs. A narrow product requires specialized sales, education and distribution capabilities.

These factors make Dsuvia more comparable to a specialty hospital product than to a conventional branded opioid.

What has been Dsuvia’s financial trajectory?

AcelRx’s public disclosures show a gradual increase from initial launch revenue, but the product remained commercially small. Reported annual Dsuvia sales were approximately in the low-single-digit millions during the company’s publicly reported commercial period.[2]

Period Commercial development Financial interpretation
2018 FDA approval in November No meaningful full-year commercial contribution
2019 Initial commercial launch Early hospital and government adoption
2020 Expansion during a disrupted hospital environment Revenue remained modest; COVID-19 affected hospital utilization and sales activity
2021 Continued military and institutional sales Product revenue increased but did not reach scale expected of a major branded drug
2022 onward Corporate transition and reduced public-company visibility Standalone Dsuvia revenue became harder to assess from public filings

AcelRx’s financial profile remained characterized by limited product revenue, high selling and regulatory costs, and continuing dependence on capital resources and strategic transactions. Dsuvia was commercially meaningful within the company’s portfolio but did not generate the volume needed to offset the costs of a public-company infrastructure.

Revenue quality

Dsuvia revenue had several characteristics relevant to valuation:

  • Low absolute base. Small changes in government orders could materially change year-over-year growth.
  • Nonlinear quarterly results. Hospital stocking and government procurement could create shipment concentration.
  • Limited recurring revenue. Institutional reordering is recurring but not comparable to chronic-use prescription demand.
  • High customer concentration risk. Military and government purchasing were important sources of demand.
  • Weak operating leverage. Sales growth did not automatically translate into profitability because the product required specialized commercialization.

The financial trajectory therefore reflected controlled market penetration rather than rapid product adoption. Revenue growth alone should not be interpreted as evidence of a large addressable market.

How did FDA regulation affect Dsuvia’s commercial potential?

FDA approval was conditional in practical terms. Dsuvia’s label requires use in certified medically supervised settings and includes warnings for respiratory depression, misuse, abuse, addiction and accidental exposure.[1]

The FDA advisory process was unusually important to market perception. In 2018, an FDA advisory committee voted against approval before the agency approved the product.[4] The debate focused on whether the product’s benefits in controlled settings outweighed risks associated with a highly potent opioid and whether its delivery system could contribute to misuse or diversion.

The approval created a regulated market with a narrow use case. It did not authorize broad opioid prescribing. Hospitals must integrate the drug into controlled-substance policies, staff training and patient-monitoring procedures.

What patent and exclusivity protections cover Dsuvia?

Dsuvia’s commercial protection depends on a combination of formulation, delivery-system and method-of-use rights, as well as FDA regulatory exclusivity. The most commercially relevant IP is directed to sublingual sufentanil dosage forms and administration systems rather than to sufentanil itself, which is an older active ingredient.

Formulation and delivery-system protection

The product’s defensibility rests on:

  • Sublingual delivery of a highly potent opioid.
  • Tablet composition and dissolution characteristics.
  • Dose control at the 30-microgram strength.
  • Use of a dedicated handheld applicator.
  • Controlled administration in medically supervised settings.

These rights can make a direct copy more difficult than a conventional oral tablet. They do not necessarily prevent competing products using injectable, intranasal, transdermal or other delivery routes.

Orange Book and generic risk

Dsuvia is associated with FDA NDA 209128. Any current Orange Book patent listing, pediatric exclusivity status and Paragraph IV activity must be evaluated against the FDA’s live Orange Book records because listed patents and expiry dates can change through corrections, delistings, terminal disclaimers and patent-term adjustments.[5]

The principal generic-entry risks are:

  • A 30-microgram sublingual sufentanil tablet using a different formulation.
  • An abbreviated new drug application challenging listed formulation patents.
  • A competing opioid delivery system that avoids the same device claims.
  • A product with a different strength or route that competes for the same institutional protocols.
  • Patent expiration or invalidation affecting the tablet or applicator combination.

Because the active ingredient is not new, Dsuvia’s long-term moat depends more on product-specific formulation and device claims than on composition-of-matter protection.

When does Dsuvia lose exclusivity?

The commercial exclusivity timeline is divided between FDA exclusivity and patent protection.

Protection Relevance
New chemical entity exclusivity Unlikely to provide the main protection because sufentanil predates Dsuvia
New formulation or delivery protection Potentially relevant, depending on the specific Orange Book listing
Method-of-use patents May protect approved or narrower institutional uses
Device patents May protect the applicator or controlled-dosing system
Orphan exclusivity Not applicable to Dsuvia’s acute-pain indication
Pediatric exclusivity Any current extension must be confirmed in FDA records

FDA approval alone does not provide a long exclusivity period comparable to a new molecular entity. Patent expiry is therefore central to generic-entry analysis. The relevant dates should be determined patent by patent from the current Orange Book and USPTO records, rather than inferred from the 2018 approval date.[5][6]

Are there Paragraph IV challenges or Dsuvia patent litigation?

No major, widely reported commercial Paragraph IV litigation materially altered Dsuvia’s market position during the principal AcelRx commercialization period. The absence of a visible generic challenge is consistent with the product’s small market, specialized administration requirements and limited commercial return for a generic manufacturer.

That does not eliminate future entry risk. A generic applicant could challenge formulation or device patents if expected institutional demand justifies development costs. The more likely competitive threat may come from non-generic products that address the same acute-pain setting through injection, nasal delivery or other routes.

What licensing deals and government contracts affected Dsuvia?

The U.S. government was an important commercial and development counterparty. AcelRx disclosed Department of Defense support and procurement activity for Dsuvia, reflecting the product’s battlefield and austere-care use case.[2][3]

Government contracts can support manufacturing scale, regulatory work and early demand. They also introduce:

  • Budget-cycle risk.
  • Order timing volatility.
  • Concentration in a small number of purchasing entities.
  • Dependence on military medical protocols.
  • Lower visibility into commercial hospital demand.

The commercial value of Dsuvia therefore depended partly on whether government procurement could act as an anchor customer while civilian hospitals adopted the product.

How does Dsuvia compare with competing acute-pain drugs?

Product category Advantage over Dsuvia Disadvantage versus Dsuvia
Injectable fentanyl Low cost, familiarity, broad hospital use Requires injection and vascular access
Injectable morphine Very low cost and established protocols Slower onset and injection requirement
Intranasal opioids Noninvasive administration Different absorption and dosing limitations
Oral opioids Low cost and easy distribution Slower onset; unsuitable for some acute settings
Dsuvia Rapid sublingual administration without injection Higher regulatory burden, controlled setting and higher cost

Dsuvia’s competitive position is strongest where rapid administration and lack of intravenous access matter. It is weaker in routine postoperative care, chronic pain and price-sensitive hospital formularies.

What generic launch scenarios exist for Dsuvia?

Scenario 1: No direct generic

A generic manufacturer may avoid the product because the market is too small and the delivery system requires specialized development. Dsuvia would remain a niche branded product, with competition coming from other routes.

Scenario 2: Formulation-only generic

A generic could copy the sublingual dosage form while using a different device or administration process. This would create patent litigation risk focused on formulation claims, bioequivalence and device-related patents.

Scenario 3: Therapeutic substitution

Hospitals could replace Dsuvia with injectable fentanyl, intranasal opioids or other acute-pain products without waiting for direct generic entry. This is the most immediate competitive risk because it does not depend on patent expiry.

Scenario 4: Government-driven expansion

Additional defense procurement or use in disaster-response systems could increase demand. This scenario would improve revenue visibility but would increase customer concentration.

How strong is the Dsuvia commercial and patent estate?

The commercial estate is differentiated but narrow. Its strengths are a specific delivery system, a clear use case in austere care and government validation. Its weaknesses are the mature active ingredient, restricted label, opioid-related scrutiny, limited civilian demand and the availability of inexpensive alternatives.

From an investment perspective, Dsuvia should be valued as a specialty institutional product with government-channel optionality, not as a broad opioid franchise. Its revenue trajectory is vulnerable to procurement timing, hospital formulary decisions and corporate ownership changes. Its patent value depends on the durability of product-specific formulation and device claims, not on exclusivity over sufentanil itself.

Key Takeaways

  • Dsuvia is a 30-microgram sublingual sufentanil tablet approved by FDA in 2018 for supervised acute-pain treatment.
  • Its market is concentrated in hospitals, emergency care and military medicine.
  • Public disclosures indicate low-single-digit-million-dollar annual product revenue during AcelRx’s commercial period.
  • Government procurement materially influenced the product’s commercial trajectory.
  • Restricted use, opioid-safety requirements and low-cost injectable alternatives limited adoption.
  • Dsuvia’s IP value is concentrated in formulation, delivery-system and administration claims.
  • Sufentanil’s mature status reduces the likelihood of broad composition-of-matter exclusivity.
  • No major public Paragraph IV event materially changed the product’s market position during its principal launch period.
  • Direct generic entry is less immediate than therapeutic substitution by established acute-pain products.
  • The product’s financial outlook depends on institutional adoption and government contracts more than retail prescription growth.

FAQs

Is Dsuvia still FDA approved?

Yes. Dsuvia received FDA approval in 2018 for adults with acute pain severe enough to require an opioid analgesic in certified medically supervised settings.[1]

Is Dsuvia used at home?

No. The FDA-approved product is intended for use in medically supervised settings and is not a take-home opioid product.

Does Dsuvia contain fentanyl?

No. Dsuvia contains sufentanil, a highly potent synthetic opioid related pharmacologically to fentanyl but not the same active ingredient.

Why did Dsuvia generate limited revenue?

Its label restricts use to supervised settings, while hospitals already have inexpensive injectable opioids. The product also carries substantial controlled-substance handling and opioid-safety requirements.

Is Dsuvia a biologic or biosimilar product?

No. Dsuvia is a small-molecule pharmaceutical tablet. Biosimilar rules do not apply; competition would arise through generic drug pathways or therapeutic substitutes.

References

  1. U.S. Food and Drug Administration. (2018). Dsuvia prescribing information. FDA.

  2. AcelRx Pharmaceuticals, Inc. (2021). Annual report on Form 10-K. U.S. Securities and Exchange Commission.

  3. U.S. Department of Defense. (2019). Department of Defense contract announcements concerning Dsuvia procurement and development. U.S. Department of Defense.

  4. U.S. Food and Drug Administration. (2018). FDA briefing materials and advisory committee proceedings for sufentanil sublingual tablet. FDA.

  5. U.S. Food and Drug Administration. (n.d.). Approved drug products with therapeutic equivalence evaluations: Orange Book. FDA.

  6. United States Patent and Trademark Office. (n.d.). Patent Center and patent term information. USPTO.

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