The regulatory requirements for generic drugs include, but not limited to, same active ingredients, same dosage form, same route of administration, same strength, and same conditions of use compared to brand name drug product (RLD: reference listed drug).
In 1984, the Drug Price Competition and Patent Term Restoration Act (P.L. 98-417), was signed into law, which is now called "the Hatch-Waxman Act." The Hatch-Waxman Act is intended to expedite and streamline FDA drug review and approvals for generic drugs including and patent litigation involving generic drugs.
According to the Hatch-Waxman Act, generic drug firms can file either one of two applications to obtain FDA approval of a generic drug: 1). An Abbreviated New Drug Application (ANDA); 2). 505(b)(2) Application. Under the Hatch-Waxman Act, there are certain market exclusivity periods for NDAs (non-patent based and patent based).
New chemical entity (NCE) exclusivity (5 years) is non-patent based. A generic drug firm is barred from filing an ANDA due to NCE exclusivity (5 years from the first NDA approval). However, a generic drug firm may file an ANDA with a Paragraph IV patent certification pursuant to the Hatch-Waxman Act, allowing a generic drug firm to challenge a brand name drug firm’s patent exclusivity for the RLD.
This seminar is intended to help industry better understand ANDA process. In particular, it is further intended to cover Paragraphs 1-4 certifications with major focus on Paragraph IV certifications.
At the end of this seminar, you should be able to understand regulatory requirements for ANDA filings with focus on paragraph IV (para IV) certifications.
- Laws and Regulations
- Hatch-Waxman Act
- Orange Book
- Regulatory Requirements for Generic ANDA and 505(b)(2) Filings
- Patent-Based and Non-Patent Based Exclusivities
- Patent Certifications
- Paragraph IV Patent Certifications
- Reference Listed Drug (RLD)
- ANDAs Containing a Paragraph IV Certification
- Patent Litigations
- PASS-IT Recommendations: Best Practices.
Dr David Lim,
President and Principal Consultant ,
Dr. David Lim, Ph.D., RAC, ASQ-CQA. Dr. Lim is President and Principal of Regulatory Doctor. Dr. Lim frequently presents global regulatory and quality compliance topics in various forums and meetings. Recently, Dr. Lim developed 510(k) templates ready for use compliant with e-Copy and RTA policy. In addition, Dr. Lim developed FDA inspection checklists for drug and medical device manufacturers based on his analysis of FDA inspectional observations cited in 483s for the past seven years. Dr. Lim provides his feedback to regulatory agency (e.g., US FDA) through public comments and also served as a panel member during the FDA’s transparency public meeting in 2009. Dr. Lim contributes to the Regulatory Affairs Professional Society (RAPS) as an author and speaker. Dr. Lim leads and directs all research projects including, but not limited to, pharmacovigilance, medical device reporting, recalls and patient safety signals being conducted at the Regulatory Doctor.