House Passes 2 Bills on Orange and Purple Books

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The House has passed two bipartisan bills that would make updates to FDA’s Orange Book and Purple Book to improve accuracy and transparency of the two databases that guide development decisions for generic and biosimilar manufacturers. They are:

 

H.R. 1503, the Orange Book Transparency Act of 2019, from Reps. Robin L. Kelly (D-IL) and Brett Guthrie (R-KY). It is intended to codify the current requirement to list drug substance patents, drug product patents, and method-of-use patents; and allows the listing of other patents at agency discretion. It further requires manufacturers to notify FDA of any court decision finding a patent invalid and requires that FDA remove those patents from the Orange Book to ensure the database is up to date.

 

H.R. 1520, the Purple Book Continuity Act of 2019, from Anna G. Eshoo (D-CA) and Rep. Michael C. Burgess (R-TX). It is intended to codify the requirement to list: name of biologic; date of licensing; studies necessary for biosimilar applications; updates every 30 days; patents disclosed during “patent dance”; and withdrawal or suspension of licensure. In addition, the bill requires FDA to report recommendations of what patents should be listed in the Purple Book going forward. The legislation also increases the Purple Book’s utility by requiring it to be made public in a more usable format.

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