Regulatory Open Forum

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  • 1.  Priority review ANDA

    Posted 21-Feb-2018 10:04
    Hi All,

    As per MAPP 5240.3 Rev. 4 Prioritization of the review of Original ANDA's, Amendments and Supplements: 

    "Submissions that contain a paragraph IV certification but become eligible for
    approval during the review period as a result of no blocking patents or
    exclusivities (including 180-day exclusivity under section 505(j)(5)(B)(iv) of the
    FD&C Act (180-day exclusivity)) and no applicable stays may receive a priority
    review if no other generic version of the same RLD has been brought to market
    under an approved ANDA. The absence of any blocking patent, exclusivity
    period, or stay must be appropriately documented in order for a priority review to
    be granted. For 180-day exclusivity, "no exclusivity" means (1) that the 180-day
    exclusivity has either been relinquished or waived or (2) that FDA has
    determined that a forfeiture of the exclusivity has occurred"

    Based on this, is the priority review only given to the First filer and not the subsequent filers?

    This MAPP also mentions that: 

    "Submissions for drug products for which there are not more than three approved
    drug products listed in FDA's Approved Drug Products with Therapeutic
    Equivalence Evaluations (the "Orange Book")6 and for which there are no
    blocking patents or exclusivities listed for the reference listed drug (RLD) may
    receive a priority review"

    I'm not sure why Priority reviews are given for ANDA's without blocking patents and exclusivity if there are not more than 3 approved drug products listed in Orange book while in the case of Paragraph IV filing only the first filer gets the Priority review.

    Any insight into this is appreciated. 


    Thanks,
    Mehul

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    Mehul Govani RAC
    Regulatory Affairs Manager
    Westbury NY
    United States
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