Determination of Regulatory Review Period for Purposes of Patent Extension; IONSYS, 66662-66664 [2016-23330]
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66662
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
providers. Most recently, CDC
published guidelines for health care
providers on pre-exposure prophylaxis
(PrEP) and recommendations for HIV
prevention with adults and adolescents
with HIV. Despite clear and compelling
guidance from CDC, past studies have
shown that patient-provider
communication about HIV testing and
prevention is uncommon and
conversations that do take place tend to
be brief.
CDC has developed four social
marketing campaigns to support patientprovider communication about HIV.
These campaigns have made great
strides in addressing health care
providers’ information needs, thereby
building their capacity to discuss HIV
prevention with their patients. At this
juncture, particularly with the evolving
HIV prevention landscape, more data
are needed to deepen our understanding
of providers’ interpretation and
understanding of existing and emergent
HIV prevention science; how providers
use guidance or evidence-based
approaches in their practices generally
as well with populations that have been
largely overlooked (e.g., transgender
individuals); and how to develop new
or enrich existing provider materials to
make them more informative, appealing,
and usable.
The three-year study proposes a series
of in-depth interviews with 600
healthcare providers (i.e., physicians,
physician assistants, and nurses)
identified by contractor staff and
professional recruiting firms. Data will
be collected through one-time, hourlong, individual, in-depth interviews
accompanied by a computer-assisted
personal interview (total of 1 hour and
15 minutes per person). We anticipate
screening 1,200 individuals to obtain
600 individuals who will participate in
a 1-hour, in-depth interview and
complete a 15-minute computer-assisted
personal interview (web-based) survey.
All data collections will be conducted
only one time. Respondents who will
participate in these interviews will be
selected purposively to inform the
development of appropriate messaging
and materials for healthcare providers.
Topic areas addressed within the
interviews may include HIV prevention,
HIV treatment, and linkage and referral
to services. Data will be securely stored
on password-protected computers and
in locked file cabinets.
The information gathered through this
data collection will allow CDC to
develop timely, relevant, clear, and
engaging materials that continue to
support patient-provider
communications related to HIV
prevention. Participation of respondents
is voluntary, and there is no cost to
respondents other than their time.
The total estimated annualized
burden hours are 950.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of
respondents
Type of respondent
Form name
Health care providers .............
Screener ............................................................................................
Web-based survey ............................................................................
Interviews ..........................................................................................
Exploratory guide—Prevention with positives and retention in care
Exploratory guide—Transgender health ...........................................
Exploratory guide—HIV prevention ...................................................
Message testing guide ......................................................................
Concept testing guide .......................................................................
Materials testing guide ......................................................................
Leroy A. Richardson,
Chief, Information Collection Review Office,
Office of Scientific Integrity, Office of the
Associate Director for Science, Office of the
Director, Centers for Disease Control and
Prevention.
[FR Doc. 2016–23340 Filed 9–27–16; 8:45 am]
BILLING CODE 4163–18–P
Food and Drug Administration
mstockstill on DSK3G9T082PROD with NOTICES
[Docket No. FDA–2007–E–0400]
Determination of Regulatory Review
Period for Purposes of Patent
Extension; IONSYS
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) has determined
the regulatory review period for
SUMMARY:
VerDate Sep<11>2014
18:04 Sep 27, 2016
Jkt 238001
Anyone with knowledge that any
of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are
incorrect may submit either electronic
or written comments and ask for a
redetermination by November 28, 2016.
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
March 27, 2017. See ‘‘Petitions’’ in the
SUPPLEMENTARY INFORMATION section for
more information.
DATES:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
AGENCY:
IONSYS 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 the U.S.
Patent and Trademark Office (USPTO),
Department of Commerce, for the
extension of a patent which claims that
human drug product.
ADDRESSES:
You may submit comments
as follows:
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Fmt 4703
Sfmt 4703
1,200
600
600
50
50
50
150
150
150
Number of
responses
per
respondent
Average
burden per
response
(in hours)
1
1
1
1
1
1
1
1
1
10/60
15/60
1
1
1
1
1
1
1
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
E:\FR\FM\28SEN1.SGM
28SEN1
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2007–E–0400, ‘‘Determination of
Regulatory Review Period for Purposes
of Patent Extension; IONSYS.’’ Received
comments will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://www.regulations.gov
or at the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on https://
www.regulations.gov. Submit both
copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.fda.gov/
VerDate Sep<11>2014
18:04 Sep 27, 2016
Jkt 238001
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 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. 6250, Silver Spring, MD 20993,
301–796–3600.
SUPPLEMENTARY INFORMATION:
I. Background
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
actual amount of extension that the
Director of USPTO 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 has approved for marketing the
human drug product IONSYS (fentanyl
hydrochloride). IONSYS is indicated for
the short-term management of acute
postoperative pain in adult patients
requiring opioid analgesia during
PO 00000
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Fmt 4703
Sfmt 4703
66663
hospitalization. Subsequent to this
approval, the USPTO received a patent
term restoration application for IONSYS
(U.S. Patent No. 5,697,896) from Alza
Corp., and the USPTO requested FDA’s
assistance in determining this patent’s
eligibility for patent term restoration
and the product’s regulatory review
period. In a letter dated August 12,
2016, FDA advised the USPTO that this
human drug product had undergone a
regulatory review period and that the
approval of IONSYS represented the
first permitted commercial marketing or
use of the product.
II. Determination of Regulatory Review
Period
FDA has determined that the
applicable regulatory review period for
IONSYS is 4,835 days. Of this time,
3,862 days occurred during the testing
phase of the regulatory review period,
while 973 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:
February 26, 1993. The applicant claims
February 27, 1993, as the date the
investigational new drug application
(IND) became effective. However, FDA
records indicate that the IND effective
date was February 26, 1993, 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: September 23,
2003. FDA has verified the applicant’s
claim that the new drug application
(NDA) for IONSYS (NDA 21–338) was
initially submitted on September 23,
2003.
3. The date the application was
approved: May 22, 2006. FDA has
verified the applicant’s claim that NDA
21–338 was approved on May 22, 2006.
This determination of the regulatory
review period establishes the maximum
potential length of a patent extension.
However, the USPTO applies several
statutory limitations in its calculations
of the actual period for patent extension.
In its application for patent extension,
this applicant seeks 5 years of patent
term extension.
III. Petitions
Anyone with knowledge that any of
the dates as published are incorrect may
submit either electronic or written
comments and ask for a redetermination
(see DATES). Furthermore, any interested
person may petition FDA for a
determination regarding whether the
applicant for extension acted with due
E:\FR\FM\28SEN1.SGM
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66664
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
diligence during the regulatory review
period. To meet its burden, the petition
must be timely (see DATES) and 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.
Submit petitions electronically to
https://www.regulations.gov at Docket
No. FDA–2013–S–0610. Submit written
petitions (two copies are required) to the
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.
Dated: September 20, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–23330 Filed 9–27–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Agency Information Collection
Activities: Proposed Collection: Public
Comment Request; The Division of
Independent Review Grant Reviewer
Recruitment Form
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services.
ACTION: Notice.
AGENCY:
In compliance with the
requirement for opportunity for public
comment on proposed data collection
projects (Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995),
HRSA announces plans to submit an
Information Collection Request (ICR),
described below, to the Office of
Management and Budget (OMB). Prior
to submitting the ICR to OMB, HRSA
seeks comments from the public
regarding the burden estimate, below, or
any other aspect of the ICR.
DATES: Comments on this ICR must be
received no later than November 28,
2016.
ADDRESSES: Submit your comments to
paperwork@hrsa.gov or mail the HRSA
Information Collection Clearance
Officer, Room 14N–29, 5600 Fishers
Lane, Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: To
request more information on the
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SUMMARY:
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18:04 Sep 27, 2016
Jkt 238001
proposed project or to obtain a copy of
the data collection plans and draft
instruments, email paperwork@hrsa.gov
or call the HRSA Information Collection
Clearance Officer at (301) 443–1984.
SUPPLEMENTARY INFORMATION: When
submitting comments or requesting
information, please include the
information request collection title for
reference.
Information Collection Request Title:
The Division of Independent Review
Grant Reviewer Recruitment Form.
OMB No. 0915–0295—Extension.
Abstract: HRSA’s Division of
Independent Review (DIR) is
responsible for administering the review
of eligible grant applications submitted
to HRSA. DIR ensures that the objective
review process is independent, efficient,
effective, economical, and complies
with the applicable statutes, regulations,
and policies. Applications are reviewed
by subject experts knowledgeable in
health and public health disciplines for
which support is requested. Review
findings are advisory to HRSA programs
responsible for making award decisions.
This request continues a Web-based
data collection system, the Reviewer
Recruitment Module (RRM), used to
gather critical review participant
information. The RRM uses
standardized categories of information
in drop down menu format for data such
as the following: Degree, specialty,
occupation, work setting, and in select
instances affiliations with organizations
and institutions that serve special
populations. Some program regulations
require that application objective review
committees contain consumers of health
services. Other demographic data may
be voluntarily provided by a potential
review participant. Defined data
elements assist HRSA in finding and
selecting expert grant review
participants for objective review
committees.
HRSA maintains a roster of
approximately 6,000 qualified
individuals who served on HRSA
objective review committees. The Webbased RRM simplifies review
participant registration entry using a
user-friendly Graphical User Interface
(GUI) with a few data drop down menu
choices and a search engine that
supports key word queries in the actual
resume or Curriculum Vitae text.
Review participants can also update
their information electronically. The
RRM is 508 compliant and accessible by
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Fmt 4703
Sfmt 4703
the general public using any of the
commonly used Internet browsers via a
link on the HRSA ‘‘Grants’’ Internet site
or by keying the RRM URL into their
browser.
Need and Proposed Use of the
Information: HRSA uses the RRM to
collect information from individuals
who are willing to volunteer as objective
review committee participants for the
Agency’s discretionary and competitive
grant or cooperative agreement funding
opportunities. The RRM provides HRSA
with an effective search and
communication functionality with
which to identify and contact qualified
potential grant review participants. The
RRM has an enhanced search and
reporting capability to help DIR ensure
that HRSA’s review participant pool has
the necessary skills and diversity to
meet the ever-evolving need for
qualified grant review participants.
When DIR identifies an expertise,
demographic need, or any other specific
needs that are under-represented in the
RRM pool, DIR can recruit specifically
to address those needs. Expertise is
always the primary determinant in
selecting potential review participants
for any grant review and no participant
is required to provide demographic
information to join the pool or be
selected as a reviewer for any
competition.
Likely Respondents: Individuals with
experience in social, cultural, and
health care fields who are
knowledgeable about HRSA’s mission
and competitive program needs to
deliver quality health care to all
Americans.
Burden Statement: Burden in this
context means the time expended by
persons to generate, maintain, retain,
disclose or provide the information
requested. This includes the time
needed to review instructions; to
develop, acquire, install and utilize
technology and systems for the purpose
of collecting, validating and verifying
information, processing and
maintaining information, and disclosing
and providing information; to train
personnel and to be able to respond to
a collection of information; to search
data sources; to complete and review
the collection of information; and to
transmit or otherwise disclose the
information. The total annual burden
hours estimated for this ICR are
summarized in the table below.
E:\FR\FM\28SEN1.SGM
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Agencies
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66662-66664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23330]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2007-E-0400]
Determination of Regulatory Review Period for Purposes of Patent
Extension; IONSYS
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for IONSYS 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 the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.
DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
November 28, 2016. 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 March 27,
2017. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you
[[Page 66663]]
do not wish to be made available to the public, submit the comment as a
written/paper submission and in the manner detailed (see ``Written/
Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2007-E-0400, ``Determination of Regulatory Review Period for
Purposes of Patent Extension; IONSYS.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 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. 6250, Silver Spring, MD 20993, 301-796-3600.
SUPPLEMENTARY INFORMATION:
I. Background
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 actual amount of extension that the Director of USPTO 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 has approved for marketing the human drug product IONSYS
(fentanyl hydrochloride). IONSYS is indicated for the short-term
management of acute postoperative pain in adult patients requiring
opioid analgesia during hospitalization. Subsequent to this approval,
the USPTO received a patent term restoration application for IONSYS
(U.S. Patent No. 5,697,896) from Alza Corp., and the USPTO requested
FDA's assistance in determining this patent's eligibility for patent
term restoration and the product's regulatory review period. In a
letter dated August 12, 2016, FDA advised the USPTO that this human
drug product had undergone a regulatory review period and that the
approval of IONSYS represented the first permitted commercial marketing
or use of the product.
II. Determination of Regulatory Review Period
FDA has determined that the applicable regulatory review period for
IONSYS is 4,835 days. Of this time, 3,862 days occurred during the
testing phase of the regulatory review period, while 973 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: February 26, 1993. The applicant claims February 27, 1993,
as the date the investigational new drug application (IND) became
effective. However, FDA records indicate that the IND effective date
was February 26, 1993, 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: September
23, 2003. FDA has verified the applicant's claim that the new drug
application (NDA) for IONSYS (NDA 21-338) was initially submitted on
September 23, 2003.
3. The date the application was approved: May 22, 2006. FDA has
verified the applicant's claim that NDA 21-338 was approved on May 22,
2006.
This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 5 years of patent term extension.
III. Petitions
Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and ask for
a redetermination (see DATES). Furthermore, any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due
[[Page 66664]]
diligence during the regulatory review period. To meet its burden, the
petition must be timely (see DATES) and 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.
Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Dated: September 20, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-23330 Filed 9-27-16; 8:45 am]
BILLING CODE 4164-01-P