Generic Drug Exclusivity Guidance in Comment Period

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A Duane Morris client alert says that FDA will receive comments until 3/14 on a draft guidance that uses a question-and-answer format to discuss generic drug 180-day marketing exclusivity. The alert says the guidance consolidates court decisions and application-specific decisions FDA has taken in citizen petition responses, litigation, and other documents. It also clarifies how the agency generally deals with issues regarding 180-day exclusivity for generic drug products, including: 

  •          when pre-Medicare Modernization Act statutory provisions apply;
  •          which applicant qualifies as first applicant;
  •          notice of Paragraph IV certification;
  •          how many first applicants;
  •          effect of 180-day exclusivity on other applicants; and
  •          factors that can shorten the 180-day exclusivity.

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