Generic Drug Exclusivity Guidance in Comment Period
A Duane Morris client alert says that FDA will receive comments until 3/14 on a draft guidance that uses a question-and-answer format to discuss generic drug 180-day marketing exclusivity.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.