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News from the FDA

BY ALM Staff
September 01, 2003

Patent Submission and Listing Requirements

The FDA amended its patent submission and listing requirements for new drug applications. The final rule clarifies the types of patents that must and must not be submitted and revises the declaration that NDA applicants must provide regarding their patents to help ensure that such applicants submit only appropriate patents. The final rule also revises the regulations regarding the effective date of approval for certain abbreviated new drug applications (ANDAs) and certain other new drug applications, known as 505(b)(2) applications, submitted under the Federal Food, Drug, and Cosmetic Act. In certain situations, Federal law bars FDA from making the approval of certain ANDA and 505(b)(2) applications effective for 30 months if the applicant has certified that the patent claiming a drug is invalid or will not be infringed, and the patent owner or NDA holder then brings suit for patent infringement. The final rule also states that there is only one opportunity for a 30-month stay in the approval date of each ANDA and 505(b)(2) application.

The final rule, effective on August 18, will make the patent submission and listing process more efficient as well as enhance the ANDA and 505(b)(2) application approval processes. The compliance date is Dec. 18, 2003, for the submission of information on polymorph patents.

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