Insights from Q&A on FDA Breakthrough Designation Webinar

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Breakthrough device designation requests are confidential and will not be maintained in an FDA database. That’s one of the insights gained by attorney Rachel Hunt (Hyman, Phelps & McNamara) from the question and answer period following an FDA Webinar on the program.

Writing in her firm’s FDA Law Blog, Hunt says that FDA’s response to a question was that a sponsor may wish to publicize that it has received a breakthrough designation, but the agency will not maintain a public database of that information. Other information gleaned from the sessions was: 

  •          FDA said it has no formal plan to publish program metrics;
  •          FDA did not preclude the possibility that a medical device with a preventive indication could qualify for breakthrough status, but said the determination may require careful wording of the indications and discussions with program staff;
  •          a breakthrough designation may include a statement of the planned marketing application and FDA will ensure the product is, in fact, subject to premarket review, but will not comment on whether the sponsor has chosen the appropriate pathway;
  •          the breakthrough process is not a substitute for a 513(g);
  •          while there is no expected level of product development prior to seeking breakthrough designation, FDA is looking for evidence on technical success and clinical impact; and
  •          the breakthrough designation program is not intended for devices with a broad indication in which a subset of the indication could qualify as a breakthrough.

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