[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Notices]
[Page 69014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28882]
[[Page 69014]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 01E-0094]
Determination of Regulatory Review Period for Purposes of Patent
Extension; COLAZAL
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for COLAZAL and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Commissioner of
Patents and Trademarks, Department of Commerce, for the extension of a
patent which claims that human drug product.
ADDRESSES: Submit written comments and petitions to the Dockets
Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to
http://www.fda.gov/dockets/ecomments.
FOR FURTHER INFORMATION CONTACT: Claudia Grillo, Regulatory Policy
Staff (HFD-013), Food and Drug dministration, 5600 Fishers Lane,
Rockville, MD 20857, 301-827-3460.
SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Public Law 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Commissioner of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
FDA recently approved for marketing the human drug product COLAZAL
(balsalzide disodium). COLAZAL is indicated for treatment of mildly to
moderately active ulcerative colitis. Subsequent to this approval, the
Patent and Trademark Office received a patent term restoration
application for COLAZAL (U.S. Patent No. 4,412,992) from Biorex
Laboratories Unlimited, and the Patent and Trademark Office requested
FDA's assistance in determining this patent's eligibility for patent
term restoration. In a letter dated February 14, 2002, FDA advised the
Patent and Trademark Office that this human drug product had undergone
a regulatory review period and that the approval of COLAZAL represented
the first permitted commercial marketing or use of the product. Shortly
thereafter, the Patent and Trademark Office requested that FDA
determine the product's regulatory review period.
FDA has determined that the applicable regulatory review period for
COLAZAL is 2,950 days. Of this time, 1,828 days occurred during the
testing phase of the regulatory review period, while 1,122 days
occurred during the approval phase. These periods of time were derived
from the following dates:
1. The date an exemption under section 505 of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 355) became effective: June
22, 1992. The applicant claims June 9, 1992, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was June 22, 1992,
which was 30 days after FDA receipt of the IND.
2. The date the application was initially submitted with respect to
the human drug product under section 505 of the act: June 23, 1997. FDA
has verified the applicant's claim that the new drug application (NDA)
for COLAZAL (NDA 20-610) was initially submitted on June 23, 1997.
3. The date the application was approved: July 18, 2000. FDA has
verified the applicant's claim that NDA 20-610 was approved on July 18,
2000.
This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 1,825 days of
patent term extension.
Anyone with knowledge that any of the dates as published is
incorrect may submit to the Dockets Management Branch (see ADDRESSES)
written or electronic comments and ask for a redetermination by January
13, 2003. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by May 13, 2003. To
meet its burden, the petition must contain sufficient facts to merit an
FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp.
41-42, 1984.) Petitions should be in the format specified in 21 CFR
10.30.
Comments and petitions should be submitted to the Dockets
Management Branch. Three copies of any information is to be submitted,
except that individuals may submit one copy. Comments are to be
identified with the docket number found in brackets in the heading of
this document. Comments and petitions may be seen in the Dockets
Management Branch between 9 a.m. and 4 p.m., Monday through Friday.
Dated: September 24, 2002.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. 02-28882 Filed 11-13-02; 8:45 am]
BILLING CODE 4160-01-S