FDA Adds Patent Submission Dates to Orange Book
FDA says it is including patent submission dates in the Orange Book prospectively. FDA began patent submission date data collection in 2013 and the latest Orange Book contains patent submission dates since then, according to attorneys Sara Koblitz and Kurt Karst (Hyman, Phelps & McNamara) in a FDA Law Blog post.
“This is a big and important change to the Orange Book,” the attorneys write. “Now applicants will have a much clearer picture on timely listed patents and whether listed patents require certification. Knowing the submission date will also help clarify whether a listed patent will trigger a 30-month patent litigation stay, otherwise delay approval of a pending application, or require a carve-out.”
Previously, according to the post, patent submission date information was available only by contacting the Orange Book staff, making it difficult for generic companies to determine if a patent was late-listed, relisted, or properly listed, and therefore difficult to know whether an ANDA applicant needed to include a patent certification or needed to update an application with an amended certification.