Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Applications for Food and Drug Administration Approval To Market a New Drug: Patent Submission and Listing Requirements and Application of 30-Month Stays on Approval of Abbreviated New Drug Applications Certifying That a Patent Claiming a Drug Is Valid or Will Not Be Infringed, 54097-54099 [2016-19385]
Download as PDF
54097
Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
representatives of partner agencies and
stakeholders, including support service
providers, education and vocational
training providers, Workforce
Investment Boards, TANF agencies, and
participants at the 27 non-tribal HPOG
2.0 grantees. For the HPOG 2.0 Tribal
Evaluation: Tribal HPOG 2.0 program
related to the HPOG 2.0 National
Evaluation in the future. A Federal
Register Notice will be published,
allowing for public comment prior to
submitting the proposed ICR to OMB.
Respondents: For the HPOG 2.0
National Evaluation: HPOG program
managers; HPOG program staff; and
staff; administrative staff at grantee
institutions; representatives from
partner agencies and stakeholders,
including local employers; and Tribal
HPOG program participants at the 5
tribal HPOG 2.0 grantees.
This information collection request is
for 3 years.
ANNUAL BURDEN ESTIMATES
Total number
of respondents
Instrument
Annual
number of
respondents
Number of
responses per
respondent
Average
burden hours
per response
Annual burden
hours
HPOG 2.0 National Evaluation
1. Screening tool for identifying respondents for first-round
telephone interviews .........................................................
2. First round telephone interview protocol for non-tribal
HPOG grantee staff and partners ....................................
3. On-site interviews with program management, staff and
major partners at six programs ........................................
4. Participant contact update forms .....................................
114
38
1
.5
19
570
190
1
.75
143
216
15,000
72
5000
1
4
1.5
.1
108
2000
35
50
30
135
100
50
1
1
1
1
1
1
1
1.5
.75
1.5
1
1
35
75
23
203
100
50
HPOG 2.0 Tribal Evaluation
sradovich on DSK3GMQ082PROD with NOTICES
5. Grantee and partner administrative staff interview .........
6. Program implementation staff interview ..........................
7. Employer interview ..........................................................
8. Program participant focus group .....................................
9. Program participant completer interview .........................
10. Program participant non-completer interview ................
Estimated Total Annual Burden
Hours: 2756.
In compliance with the requirements
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
information collection described above.
Copies of the proposed collection of
information can be obtained and
comments may be forwarded by writing
to the Administration for Children and
Families, Office of Planning, Research
and Evaluation, 330 C Street SW.,
Washington, DC 20201, Attn: OPRE
Reports Clearance Officer. Email
address: OPREinfocollection@
acf.hhs.gov. All requests should be
identified by the title of the information
collection.
The Department specifically requests
comments on (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
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19:23 Aug 12, 2016
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105
150
90
405
300
150
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted
within 60 days of this publication.
Robert Sargis,
ACF/OPRE Certifying Officer.
[FR Doc. 2016–19337 Filed 8–12–16; 8:45 am]
BILLING CODE 4184–72–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–N–0662]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Applications for
Food and Drug Administration
Approval To Market a New Drug:
Patent Submission and Listing
Requirements and Application of 30Month Stays on Approval of
Abbreviated New Drug Applications
Certifying That a Patent Claiming a
Drug Is Valid or Will Not Be Infringed
The Food and Drug
Administration (FDA or we) is
announcing that a proposed collection
of information has been submitted to the
Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995
(the PRA).
DATES: Fax written comments on the
collection of information by September
14, 2016.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, FAX:
202–395–7285, or emailed to oira_
submission@omb.eop.gov. All
comments should be identified with the
OMB control number 0910–0513. Also
include the FDA docket number found
in brackets in the heading of this
document.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Food and Drug Administration, 8455
Colesville Rd., COLE–14526, Silver
Spring, MD 20993–0002, PRAStaff@
fda.hhs.gov.
In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
SUPPLEMENTARY INFORMATION:
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
PO 00000
Notice.
Frm 00057
Fmt 4703
Sfmt 4703
E:\FR\FM\15AUN1.SGM
15AUN1
54098
Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
Applications for FDA Approval To
Market a New Drug: Patent Submission
and Listing Requirements and
Application of 30-Month Stays on
Approval of Abbreviated New Drug
Applications Certifying That a Patent
Claiming a Drug Is Invalid or Will Not
Be Infringed OMB Control Number
0910–0513—Extension
Section 505(b)(1) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act)
(21 U.S.C. 355(b)(1)) requires all new
drug application (NDA) applicants to
file, as part of the NDA, ‘‘the patent
number and the expiration date of any
patent which claims the drug for which
the applicant submitted the application
or which claims a method of using such
drug and with respect to which a claim
of patent infringement could reasonably
be asserted if a person not licensed by
the owner engaged in the manufacture,
use, or sale of the drug.’’ Under section
505(b)(1), we publish the patent
information after approval of the NDA
in the list entitled ‘‘Approved Drug
Products with Therapeutic Equivalence
Evaluations’’ (the Orange Book). Section
505(c)(2) of the FD&C Act (21 U.S.C.
355(c)(2)) imposes a similar patent
submission obligation on holders of
approved NDAs that requires patent
information be submitted after NDA
approval when the NDA holder could
not have submitted the patent
information with its application. Under
section 505(c)(2) of the FD&C Act, we
publish the patent information upon its
submission.
FDA regulations at § 314.50(h) and
§ 314.53 (21 CFR 314.50(h) and 314.53)
implement these statutory requirements
and clarify the types of patent
information that must and must not be
submitted to FDA as part of an NDA, an
amendment, or a supplement. The
regulations under § 314.53 direct
sponsors of an NDA, an amendment, or
a supplement, to make detailed patent
declarations using Forms FDA 3542 and
3542a as appropriate. While the
information collection burden for
submitting other required elements of
an NDA, an amendment, or supplement
in accordance with § 314.50(a) through
(f), and (k) is approved under OMB
control number 0910–0001, this
information collection identifies burden
associated with patent submission and
listing, as explained below.
Specifically, a patent declaration is
required for each ‘‘patent that claims the
drug or a method of using the drug that
is the subject of the new drug
application or amendment or
supplement to it and with respect to
which a claim of patent infringement
could reasonably be asserted if a person
not licensed by the owner of the patent
engaged in the manufacture, use, or sale
of the drug product’’ (§ 314.53(b)). Such
patents claim the drug substance (active
ingredient), drug product (formulation
and composition), or method of use.
Within 30 days after the date of
approval of an application, the
applicant must submit Form FDA 3542
for each patent that claims the drug
substance (active ingredient), drug
product (formulation and composition),
or approved method of use for listing in
the Orange Book. In addition, for
patents issued after the date of approval
of an application, Form FDA 3542 must
be submitted within 30 days of the date
of issuance of the patent. If a patent is
issued after the application is filed with
FDA, but before the application is
approved, the applicant must submit the
required patent information on Form
FDA 3542a as an amendment to the
application, within 30 days of the date
of issuance of the patent.
Description of Respondents: The
respondents to this collection of
information are sponsors of an NDA, an
amendment, or a supplement, or
submitting information on a patent after
NDA approval.
In the Federal Register of February 2,
2016 (81 FR 5465), we published a 60day notice requesting public comment
on the proposed extension of this
collection of information. One comment
was received but was not responsive to
the four collection of information topics
solicited and is therefore not addressed.
We estimate the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
respondents
21 CFR 314.50 and 314.53
Form FDA 3542; patent information submitted upon and
after approval of an NDA or supplement .........................
Form FDA 3542a; patent information submitted with the filing of an NDA, amendment, or supplement ....................
Total ..............................................................................
sradovich on DSK3GMQ082PROD with NOTICES
1 There
Number of
responses per
respondent
Total annual
responses
Burden per
response
Total hours
200
3.4
680
5
3,400
241
3.4
819
20
16,380
........................
........................
........................
........................
19,780
are no capital costs or operating and maintenance costs associated with this collection of information.
The number of patents submitted to
FDA for listing in the Orange Book in
2012, 2013, and 2014 were 458, 509,
and 617, respectively, for an annual
average of 528 patents ([458 + 509 +
617]/3 years = 528). Because many of
these individual patents are included in
multiple NDA submissions, there may
be multiple declarations for a single
patent. From our review of submissions,
we believe that approximately 14
percent of the patents submitted are
included in multiple NDA submissions
and thus require multiple patent
declarations. Therefore, we estimate that
74 patents (528 × 14 percent) will be
multiple listings for a total of 602
VerDate Sep<11>2014
19:23 Aug 12, 2016
Jkt 238001
patents (528 + 74 = 602) as declared on
Form FDA 3542. We approved 86, 94,
and 107 NDAs in calendar years 2012,
2013, and 2014, respectively, of which
we estimate 71 percent submitted patent
information for listing in the Orange
Book. The remaining Form FDA 3542
submissions declared that there were no
relevant patents.
We also approved approximately 101,
101, and 110 NDA supplements in FYs
2012, 2013, and 2014, respectively, for
which submission of a patent
declaration would be required. Based on
an average of 96 NDA approvals and 104
supplement approvals annually, we
estimate there will be 200 instances
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
where an NDA holder would be affected
by the patent declaration requirements,
and that each of these NDA holders
would, on average, submit 3.4
declarations (602 patent declarations +
74 no relevant patent declarations)/200
instances = 3.4 declarations per
instance) on Form FDA 3542. We filed
112, 116, and 113 NDAs in 2012, 2013,
and 2014, respectively, and 112, 112,
156 NDA supplements in 2012, 2013,
and 2014, respectively, for which
submission of a patent declaration
would be required. Based upon informal
communications with industry and our
experience with the collection, we
E:\FR\FM\15AUN1.SGM
15AUN1
Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
estimate it will take 5 hours to complete
Form FDA 3542.
We estimate there will be 241
instances (based on an average of 114
NDAs filed and 127 NDA supplements
filed per year) where an NDA holder
would comply with the patent
declaration requirements. We estimate,
based on a proportional increase from
the number of declarations for approved
NDAs, that there will be an annual total
of 819 such declarations (241 × 3.4
declarations per instance = 819). Based
upon informal communications with
industry and our experience with the
collection, we estimate it will take 20
hours to complete Form FDA 3542a.
Dated: August 5, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2016–19385 Filed 8–12–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2016–N–0001]
Facilitating Anti-Infective Drug
Development for Neonates and Young
Infants; Notice of Public Workshop
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of public workshop.
The Food and Drug
Administration (FDA) is announcing a
public workshop regarding antiinfective drug development for neonates
and young infants. FDA is interested in
discussing the scientific challenges
pertaining to development of antiinfective products for neonates and
young infants. This public workshop is
intended to provide information for and
gain perspective from health care
providers, other U.S. Government
Agencies, public health organizations,
academic experts, and industry on
various aspects of drug development for
new and currently marketed antiinfective drugs for neonates and young
infants. The input from this public
workshop will also help in developing
topics for future discussion.
DATES: The public workshop will be
held on September 15, 2016, from 8:30
a.m. to 4:30 p.m. See the
SUPPLEMENTARY INFORMATION section for
registration information.
ADDRESSES: The public workshop will
be held at the Sheraton Silver Spring
Hotel, 8777 Georgia Ave., Silver Spring,
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:23 Aug 12, 2016
Jkt 238001
MD 20910. The hotel’s phone number is
301–589–0800.
FOR FURTHER INFORMATION CONTACT: Lori
Benner and/or Jessica Barnes, Center for
Drug Evaluation and Research, Food
and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 6221,
Silver Spring, MD 20993–0002, 301–
796–1300.
SUPPLEMENTARY INFORMATION: FDA is
announcing a public workshop
regarding anti-infective drug
development for neonates and young
infants. Discussions will focus on
challenges related to enrolling neonates
and young infants in clinical trials,
strategies to assess central nervous
system (CNS) penetration of the drug,
including nonclinical and in vitro data,
potential development pathways, and
the role of clinical trial networks in antiinfective drug development in the
neonatal population.
Registration: Registration is free for
the public workshop. Interested parties
are encouraged to register early. Seating
will be available on a first-come, firstserved basis. To register electronically,
email registration information
(including name, title, firm name,
address, telephone, and fax number) to
NeonatalAntibacterialWorkshop2016@
fda.hhs.gov. Persons without access to
the Internet can call 301–796–1300 to
register.
If you need special accommodations
due to a disability, please contact Jessica
Barnes or Lori Benner (see FOR FURTHER
INFORMATION CONTACT) at least 7 days in
advance.
Agenda: The workshop draft Agenda
will be made available at: https://
www.fda.gov/Drugs/NewsEvents/
ucm507958.htm at least 2 days prior to
the meeting. The Agency encourages
individuals, industry, health care
professionals, researchers, public health
organizations and other interested
persons to attend this public workshop.
Transcripts: Please be advised that as
soon as a transcript is available, it will
be accessible at https://
www.regulations.gov. It may be viewed
at the Division of Dockets Management
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852. A transcript
will also be available in either hardcopy
or on CD–ROM, after submission of a
Freedom of Information request. The
Freedom of Information office address is
available on the Agency’s Web site at
https://www.fda.gov. Transcripts will
also be available on the Internet at:
https://www.fda.gov/Drugs/NewsEvents/
ucm507958.htm approximately 45 days
after the workshop.
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
54099
Dated: August 8, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning,
Legislation and Analysis.
[FR Doc. 2016–19336 Filed 8–12–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2016–N–0001]
Allergenic Products Advisory
Committee; Notice of Meeting
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) announces a
forthcoming public advisory committee
meeting of the Allergenic Products
Advisory Committee. The general
function of the committee is to provide
advice and recommendations to the
Agency on FDA’s regulatory issues. At
least one portion of the meeting will be
closed to the public.
DATES: The meeting will be held on
October 27, 2016, from 1 p.m. to 4:20
p.m.
ADDRESSES: FDA White Oak Campus,
10903 New Hampshire Ave., Building
31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993–
0002. Answers to commonly asked
questions including information
regarding special accommodations due
to a disability, visitor parking, and
transportation may be accessed at:
https://www.fda.gov/
AdvisoryCommittees/
AboutAdvisoryCommittees/
ucm408555.htm.
FOR FURTHER INFORMATION CONTACT:
Janie Kim or Denise Royster, Center for
Biologics Evaluation and Research,
Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Silver
Spring, MD 20993–0002, 301–796–9016
or 240–402–8158, email: Janie.Kim@
fda.hhs.gov or Denise.Royster@
fda.hhs.gov, or FDA Advisory
Committee Information Line, 1–800–
741–8138 (301–443–0572 in the
Washington, DC area). A notice in the
Federal Register about last minute
modifications that impact a previously
announced advisory committee meeting
cannot always be published quickly
enough to provide timely notice.
Therefore, you should always check the
Agency’s Web site at https://
www.fda.gov/AdvisoryCommittees/
default.htm and scroll down to the
SUMMARY:
E:\FR\FM\15AUN1.SGM
15AUN1
Agencies
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54097-54099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19385]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2013-N-0662]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Applications for Food
and Drug Administration Approval To Market a New Drug: Patent
Submission and Listing Requirements and Application of 30-Month Stays
on Approval of Abbreviated New Drug Applications Certifying That a
Patent Claiming a Drug Is Valid or Will Not Be Infringed
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995 (the PRA).
DATES: Fax written comments on the collection of information by
September 14, 2016.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX: 202-395-7285, or emailed to oira_submission@omb.eop.gov. All
comments should be identified with the OMB control number 0910-0513.
Also include the FDA docket number found in brackets in the heading of
this document.
FOR FURTHER INFORMATION CONTACT: Food and Drug Administration, 8455
Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002,
PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
[[Page 54098]]
Applications for FDA Approval To Market a New Drug: Patent Submission
and Listing Requirements and Application of 30-Month Stays on Approval
of Abbreviated New Drug Applications Certifying That a Patent Claiming
a Drug Is Invalid or Will Not Be Infringed OMB Control Number 0910-
0513--Extension
Section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 355(b)(1)) requires all new drug application (NDA)
applicants to file, as part of the NDA, ``the patent number and the
expiration date of any patent which claims the drug for which the
applicant submitted the application or which claims a method of using
such drug and with respect to which a claim of patent infringement
could reasonably be asserted if a person not licensed by the owner
engaged in the manufacture, use, or sale of the drug.'' Under section
505(b)(1), we publish the patent information after approval of the NDA
in the list entitled ``Approved Drug Products with Therapeutic
Equivalence Evaluations'' (the Orange Book). Section 505(c)(2) of the
FD&C Act (21 U.S.C. 355(c)(2)) imposes a similar patent submission
obligation on holders of approved NDAs that requires patent information
be submitted after NDA approval when the NDA holder could not have
submitted the patent information with its application. Under section
505(c)(2) of the FD&C Act, we publish the patent information upon its
submission.
FDA regulations at Sec. 314.50(h) and Sec. 314.53 (21 CFR
314.50(h) and 314.53) implement these statutory requirements and
clarify the types of patent information that must and must not be
submitted to FDA as part of an NDA, an amendment, or a supplement. The
regulations under Sec. 314.53 direct sponsors of an NDA, an amendment,
or a supplement, to make detailed patent declarations using Forms FDA
3542 and 3542a as appropriate. While the information collection burden
for submitting other required elements of an NDA, an amendment, or
supplement in accordance with Sec. 314.50(a) through (f), and (k) is
approved under OMB control number 0910-0001, this information
collection identifies burden associated with patent submission and
listing, as explained below.
Specifically, a patent declaration is required for each ``patent
that claims the drug or a method of using the drug that is the subject
of the new drug application or amendment or supplement to it and with
respect to which a claim of patent infringement could reasonably be
asserted if a person not licensed by the owner of the patent engaged in
the manufacture, use, or sale of the drug product'' (Sec. 314.53(b)).
Such patents claim the drug substance (active ingredient), drug product
(formulation and composition), or method of use. Within 30 days after
the date of approval of an application, the applicant must submit Form
FDA 3542 for each patent that claims the drug substance (active
ingredient), drug product (formulation and composition), or approved
method of use for listing in the Orange Book. In addition, for patents
issued after the date of approval of an application, Form FDA 3542 must
be submitted within 30 days of the date of issuance of the patent. If a
patent is issued after the application is filed with FDA, but before
the application is approved, the applicant must submit the required
patent information on Form FDA 3542a as an amendment to the
application, within 30 days of the date of issuance of the patent.
Description of Respondents: The respondents to this collection of
information are sponsors of an NDA, an amendment, or a supplement, or
submitting information on a patent after NDA approval.
In the Federal Register of February 2, 2016 (81 FR 5465), we
published a 60-day notice requesting public comment on the proposed
extension of this collection of information. One comment was received
but was not responsive to the four collection of information topics
solicited and is therefore not addressed.
We estimate the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of
21 CFR 314.50 and 314.53 Number of responses per Total annual Burden per Total hours
respondents respondent responses response
----------------------------------------------------------------------------------------------------------------
Form FDA 3542; patent 200 3.4 680 5 3,400
information submitted upon and
after approval of an NDA or
supplement.....................
Form FDA 3542a; patent 241 3.4 819 20 16,380
information submitted with the
filing of an NDA, amendment, or
supplement.....................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 19,780
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
The number of patents submitted to FDA for listing in the Orange
Book in 2012, 2013, and 2014 were 458, 509, and 617, respectively, for
an annual average of 528 patents ([458 + 509 + 617]/3 years = 528).
Because many of these individual patents are included in multiple NDA
submissions, there may be multiple declarations for a single patent.
From our review of submissions, we believe that approximately 14
percent of the patents submitted are included in multiple NDA
submissions and thus require multiple patent declarations. Therefore,
we estimate that 74 patents (528 x 14 percent) will be multiple
listings for a total of 602 patents (528 + 74 = 602) as declared on
Form FDA 3542. We approved 86, 94, and 107 NDAs in calendar years 2012,
2013, and 2014, respectively, of which we estimate 71 percent submitted
patent information for listing in the Orange Book. The remaining Form
FDA 3542 submissions declared that there were no relevant patents.
We also approved approximately 101, 101, and 110 NDA supplements in
FYs 2012, 2013, and 2014, respectively, for which submission of a
patent declaration would be required. Based on an average of 96 NDA
approvals and 104 supplement approvals annually, we estimate there will
be 200 instances where an NDA holder would be affected by the patent
declaration requirements, and that each of these NDA holders would, on
average, submit 3.4 declarations (602 patent declarations + 74 no
relevant patent declarations)/200 instances = 3.4 declarations per
instance) on Form FDA 3542. We filed 112, 116, and 113 NDAs in 2012,
2013, and 2014, respectively, and 112, 112, 156 NDA supplements in
2012, 2013, and 2014, respectively, for which submission of a patent
declaration would be required. Based upon informal communications with
industry and our experience with the collection, we
[[Page 54099]]
estimate it will take 5 hours to complete Form FDA 3542.
We estimate there will be 241 instances (based on an average of 114
NDAs filed and 127 NDA supplements filed per year) where an NDA holder
would comply with the patent declaration requirements. We estimate,
based on a proportional increase from the number of declarations for
approved NDAs, that there will be an annual total of 819 such
declarations (241 x 3.4 declarations per instance = 819). Based upon
informal communications with industry and our experience with the
collection, we estimate it will take 20 hours to complete Form FDA
3542a.
Dated: August 5, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2016-19385 Filed 8-12-16; 8:45 am]
BILLING CODE 4164-01-P