Determination of Regulatory Review Period for Purposes of Patent Extension; ZYTIGA, 13684-13685 [2013-04645]

Download as PDF 13684 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURES 1 Number of respondents Notification of facilities that AB relinquishes its accreditation—900.3(f)(2) ................................. Clinical images; facility 2—900.4(c), 900.11(b)(1), and 900.11(b)(2) ............................................... Clinical images; AB 3—900.4(c) ........................... Phantom images; facility 2—900.4(d), 900.11(b)(1), and 900.11(b)(2) ......................... Phantom images; AB 3—900.4(d) ........................ Annual equipment evaluation and survey; facility 2—900.4(e), 900.11(b)(1), and 900.11(b)(2) Annual equipment evaluation and survey; AB 3— 900.4(e) ............................................................ Provisional mammography facility certificate extension application—900.11(b)(3) .................... Mammography facility certificate reinstatement application—900.11(c) ...................................... Lay summary of examination—900.12(c)(2) ....... Lay summary of examination; patient refusal 4— 900.12(c)(2) ...................................................... Report of unresolved serious complaints— 900.12(h)(4) ...................................................... Information regarding compromised quality; facility 2—900.12(j)(1) .............................................. Information regarding compromised quality; AB 3—900.12(j)(1) ............................................ Patient notification of serious risk—900.12(j)(2) .. Reconsideration of accreditation—900.15(c) ....... Notification of requirement to correct major deficiencies—900.24(a) .......................................... Notification of loss of approval; major deficiencies—900.24(a)(2) ..................................... Notification of probationary status—900.24(b)(1) Notification of loss of approval; minor deficiencies—900.24(b)(3) ..................................... Total .............................................................. Number of disclosures per respondent Total annual disclosures 0.1 Activity/21 CFR Section 1 0.1 Average burden per disclosure 200 Total operating and maintenance costs Total hours 2 20 $50 2,885 5 1 1 2,885 5 1.44 416 4,154 2,080 ........................ 230,773 2,885 5 1 1 2,885 5 0.72 208 2,077 1,040 ........................ ........................ 8,654 1 8,654 1 8,654 8,654 5 1 5 1,730 8,650 ........................ 0 1 0 1 ........................ 312 8,654 1 5,085 312 44,005,590 1,560 3,652,464 24,000,000 ........................ 87 1 87 0.5 44 ........................ 20 1 20 1 20 ........................ 20 1 20 200 4,000 300 20 5 5 1 1 1 20 5 5 320 100 2 6,400 500 10 600 19,375 ........................ 0.5 5 0.083 0.4 1 0.4 200 80 68 0.15 0.3 1 1 0.15 0.3 100 200 15 60 25.50 51 0.15 1 0.15 100 15 25.50 ...................... .................... .......................... 3,691,842 24,259,921 .................... 1 There 2 Total are no capital costs associated with this collection of information. hours have been rounded. Dated: February 22, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013–04677 Filed 2–27–13; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2012–E–0156] mstockstill on DSK4VPTVN1PROD with NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension; ZYTIGA AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) has determined the regulatory review period for ZYTIGA and is publishing this notice of that determination as required by law. SUMMARY: VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product. ADDRESSES: Submit electronic comments to https:// www.regulations.gov. Submit written petitions along with three copies and written comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6284, Silver Spring, MD 20993– 0002, 301–796–3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98–417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100–670) PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28FEN1.SGM 28FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices actual amount of extension that the Director 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 ZYTIGA (abiraterone acetate). ZYTIGA is indicated for use in combination with prednisone for the treatment of patients with metastatic castration-resistant prostate cancer who have received prior chemotherapy containing docetaxel. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for ZYTIGA (U.S. Patent No. 5,604,213) from BTG International LTD, and the Patent and Trademark Office requested FDA’s assistance in determining this patent’s eligibility for patent term restoration. In a letter dated July 9, 2012, FDA advised the Patent and Trademark Office that this human drug product had undergone a regulatory review period and that the approval of ZYTIGA represented the first permitted commercial marketing or use of the product. 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 ZYTIGA is 1,927 days. Of this time, 1,797 days occurred during the testing phase of the regulatory review period, while 130 days occurred during the approval phase. These periods of time were derived from the following dates: 1. The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became effective: January 19, 2006. The applicant claims January 28, 2006, as the date the investigational new drug application (IND) became effective. However, FDA records indicate that the IND effective date was January 19, 2006, 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(b) of the FD&C Act: December 20, 2010. FDA has verified the applicant’s claim that the new drug application (NDA) for ZYTIGA (NDA 202–379) was submitted on December 20, 2010. 3. The date the application was approved: April 28, 2011. FDA has verified the applicant’s claim that NDA 202–379 was approved on April 28, 2011. VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 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 1,024 days of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES) either electronic or written comments and ask for a redetermination by April 29, 2013. 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 August 27, 2013. 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. Interested persons may submit to the Division of Dockets Management (see ADDRESSES) electronic or written comments and written petitions. It is only necessary to send one set of comments. However, if you submit a written petition, you must submit three copies of the petition. Identify comments with the docket number found in brackets in the heading of this document. Comments and petitions that have not been made publicly available on regulations.gov may be viewed in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: February 15, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013–04645 Filed 2–27–13; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2012–E–0162] Determination of Regulatory Review Period for Purposes of Patent Extension; LAVIV AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) has determined the regulatory review period for LAVIV and is publishing this notice of that SUMMARY: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 13685 determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human biological product. ADDRESSES: Submit electronic comments to https:// www.regulations.gov. Submit written petitions along with three copies and written comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6284, Silver Spring, MD 20993– 0002, 301–796–3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98–417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 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 biological products, the testing phase begins when the exemption to permit the clinical investigations of the biological becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human biological product and continues until FDA grants permission to market the biological product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director 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 biological 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 biologic product LAVIV (azficel-T). LAVIV is an autologous cellular product indicated for improvement of moderate to severe E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13684-13685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04645]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-E-0156]


Determination of Regulatory Review Period for Purposes of Patent 
Extension; ZYTIGA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) has determined the 
regulatory review period for ZYTIGA 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 Director of Patents 
and Trademarks, Department of Commerce, for the extension of a patent 
which claims that human drug product.

ADDRESSES: Submit electronic comments to https://www.regulations.gov. 
Submit written petitions along with three copies and written comments 
to the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory 
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
51, rm. 6284, Silver Spring, MD 20993-0002, 301-796-3602.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term 
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug 
and Patent Term Restoration Act (Pub. L. 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

[[Page 13685]]

actual amount of extension that the Director 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 ZYTIGA 
(abiraterone acetate). ZYTIGA is indicated for use in combination with 
prednisone for the treatment of patients with metastatic castration-
resistant prostate cancer who have received prior chemotherapy 
containing docetaxel. Subsequent to this approval, the Patent and 
Trademark Office received a patent term restoration application for 
ZYTIGA (U.S. Patent No. 5,604,213) from BTG International LTD, and the 
Patent and Trademark Office requested FDA's assistance in determining 
this patent's eligibility for patent term restoration. In a letter 
dated July 9, 2012, FDA advised the Patent and Trademark Office that 
this human drug product had undergone a regulatory review period and 
that the approval of ZYTIGA represented the first permitted commercial 
marketing or use of the product. 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 
ZYTIGA is 1,927 days. Of this time, 1,797 days occurred during the 
testing phase of the regulatory review period, while 130 days occurred 
during the approval phase. These periods of time were derived from the 
following dates:
    1. The date an exemption under section 505(i) of the Federal Food, 
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became 
effective: January 19, 2006. The applicant claims January 28, 2006, as 
the date the investigational new drug application (IND) became 
effective. However, FDA records indicate that the IND effective date 
was January 19, 2006, 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(b) of the FD&C Act: December 
20, 2010. FDA has verified the applicant's claim that the new drug 
application (NDA) for ZYTIGA (NDA 202-379) was submitted on December 
20, 2010.
    3. The date the application was approved: April 28, 2011. FDA has 
verified the applicant's claim that NDA 202-379 was approved on April 
28, 2011.
    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 1,024 days of 
patent term extension.
    Anyone with knowledge that any of the dates as published are 
incorrect may submit to the Division of Dockets Management (see 
ADDRESSES) either electronic or written comments and ask for a 
redetermination by April 29, 2013. 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 August 27, 2013. 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.
    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) electronic or written comments and written petitions. 
It is only necessary to send one set of comments. However, if you 
submit a written petition, you must submit three copies of the 
petition. Identify comments with the docket number found in brackets in 
the heading of this document. Comments and petitions that have not been 
made publicly available on regulations.gov may be viewed in the 
Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.

    Dated: February 15, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-04645 Filed 2-27-13; 8:45 am]
BILLING CODE 4160-01-P

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