Mixed Stakeholder Views on Orange Book Listings
As required by the Orange Book Transparency Act of 2020, the Government Accountability Office (GAO) has reviewed FDA Orange Book patent listings for drug/device combination products, including the listings’ implications for generic products. In a report, GAO says it interviewed 15 stakeholders on (1) how Orange Book patent listings affect the entry of generic drug/device combination products into the market; (2) FDA’s role overseeing the Orange Book; and (3) proposals for improving Orange Book patent listings.
All 15 stakeholders agreed that the Orange Book may help generic drug sponsors identify relevant patents when making product development decisions. However, GAO reports, there was no consensus on whether the patent information listed in the Orange Book may delay the entry of generic drug/device combination products into the market.
Six of the interviewed stakeholders said FDA’s current role in overseeing the Orange Book is sufficient and the agency should not be evaluating patents for validity or quality. However, seven stakeholders said FDA should have a more active role to ensure the patent information in the Orange Book meets listing requirements, such as by substantively reviewing patent scope to ensure patents meet listing requirements.
Finally, the stakeholders identified 13 different proposals to improve patent listings. Some 13 of the stakeholders agreed it would be helpful for FDA to clarify which device-related permits should be listed in the Orange Book. However, the report says, the stakeholders identified widely varying criteria for which device-related patents were appropriate to list.
GAO reports that FDA is planning to establish a multidisciplinary workgroup to evaluate whether additional clarity is needed regarding patent information that should be included in the Orange Book. “While FDA officials said that resource challenges had prevented them from developing workgroup timelines or identifying the members, they hoped to make those decisions soon,” it says.