National Center for Advancing Translational Sciences; Notice of Meeting, 67948-67949 [2019-26710]
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
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, if a patent is
eligible for extension under these acts,
the 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 the drug
product ‘‘was approved’’ within the
meaning of 35 U.S.C. 156. In the case of
a drug recommended for controls under
the Controlled Substances Act (CSA),
for purposes of patent term extension
the date of approval is the later of the
date the application to market the drug
is approved or the date of issuance of
the interim final rule controlling the
drug. (See 35 U.S.C. 156(i)). 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 BRIVIACT ORAL
TABLETS (brivaracetam) under new
drug application (NDA) 205836.
BRIVIACT ORAL TABLETS is indicated
for adjunctive therapy in the treatment
of partial-onset seizures in patients 16
years of age and older with epilepsy.
Subsequent to this approval, the USPTO
received a patent term restoration
application for BRIVIACT ORAL
TABLETS (U.S. Patent No. 6,911,461)
from UCB Biopharma SPRL and the
USPTO requested FDA’s assistance in
determining the patent’s eligibility for
patent term restoration. In a letter dated
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January 18, 2017, FDA advised the
USPTO that this human drug product
had undergone a regulatory review
period and that the approval of
BRIVIACT ORAL TABLETS represented
the first permitted commercial
marketing or use of the product.
Thereafter, the USPTO requested that
FDA determine the product’s regulatory
review period.
II. Determination of Regulatory Review
Period
FDA has determined that the
applicable regulatory review period for
BRIVIACT ORAL TABLETS is 4,293
days. Of this time, 3,753 days occurred
during the testing phase of the
regulatory review period, while 540
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 (FD&C Act) (21 U.S.C.
355(i)) became effective: August 12,
2004. FDA has verified the applicant’s
claim that the date the investigational
new drug application (IND) became
effective was August 12, 2004. This IND
was the first IND submitted for
investigation of this active ingredient.
2. The date the application was
initially submitted with respect to the
human drug product under section
505(b) of the FD&C Act: November 20,
2014. FDA has verified the applicant’s
claim that the NDA for BRIVIACT ORAL
TABLETS (NDA 205836) was initially
submitted on November 20, 2014.
3. For a drug recommended for
controls under the CSA, the later of the
date the NDA was approved under
section 505 of the FD&C Act or the date
of issuance of the interim final rule
controlling the drug: May 12, 2016. FDA
has verified the applicant’s claim that
NDA 205836 was approved on February
18, 2016. FDA has also verified that the
date of issuance of the interim final rule
controlling the drug, placing BRIVIACT
ORAL TABLETS (brivaracetam) in
schedule V of the CSA as revised by the
Improving Regulatory Transparency for
New Medical Therapies Act, was May
12, 2016.
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
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submit either electronic or written
comments and, under 21 CFR 60.24, ask
for a redetermination (see DATES).
Furthermore, as specified in § 60.30 (21
CFR 60.30), any interested person may
petition FDA for a determination
regarding whether the applicant for
extension acted with due diligence
during the regulatory review period. To
meet its burden, the petition must
comply with all the requirements of
§ 60.30, including but not limited to:
Must be timely (see DATES), must be
filed in accordance with § 10.20, must
contain sufficient facts to merit an FDA
investigation, and must certify that a
true and complete copy of the petition
has been served upon the patent
applicant. (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
Dockets Management Staff (HFA–305),
Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD
20852.
Dated: December 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019–26813 Filed 12–11–19; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Center for Advancing
Translational Sciences; Notice of
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of a
meeting of the National Center for
Advancing Translational Sciences
Advisory Council.
The meeting will be open to the
public as indicated below, viewing
virtually by WebEx. Individuals can
register to view and access the meeting
by the link below.
https://nih.webex.com/nih/onstage/
g.php?MTID=e56b929e2a7d82a92a
5e58e040d7d103d
1. Go to ‘‘Event Status’’ on the lefthand side of page, then click ‘‘Register’’.
On the registration form, enter your
information and then click ‘‘Submit’’ to
complete the required registration.
2. You will receive a personalized
email with the live event link.
The meeting will be closed to the
public in accordance with the
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Center for
Advancing Translational Sciences Advisory
Council.
Date: January 16, 2020.
Closed: 11:00 a.m. to 12:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, One
Democracy Plaza, 6701 Democracy
Boulevard, Bethesda, MD 20892 (Virtual
Meeting).
Open: 12:00 p.m. to 5:00 p.m.
Agenda: Report from the Institute Director
and other staff.
Place: National Institutes of Health, One
Democracy Plaza, 6701 Democracy
Boulevard, Bethesda, MD 20892 (Virtual
Meeting).
Contact Person: Anna L. Ramsey-Ewing,
Ph.D., Executive Secretary, National Center
for Advancing Translational Sciences,
National Institutes of Health, One Democracy
Plaza, Room 1072, Bethesda, MD 20892, 301–
435–0809, anna.ramseyewing@nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.350, B—Cooperative
Agreements; 93.859, Biomedical Research
and Research Training, National Institutes of
Health, HHS)
Dated: December 6, 2019.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2019–26710 Filed 12–11–19; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
khammond on DSKJM1Z7X2PROD with NOTICES
National Center for Advancing
Translational Sciences; Notice of
Meeting
Pursuant to section 10(a) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of a
meeting of the Cures Acceleration
Network Review Board.
The meeting will be open to the
public as indicated below, viewing
virtually by WebEx. Individuals can
register to view and access the meeting
by the link below.
https://nih.webex.com/nih/onstage/
g.php?MTID=e56b929e2a7d82a92a
5e58e040d7d103d
VerDate Sep<11>2014
17:56 Dec 11, 2019
Jkt 250001
1. Go to ‘‘Event Status’’ on the lefthand side of page, then click ‘‘Register’’.
On the registration form, enter your
information and then click ‘‘Submit’’ to
complete the required registration.
2. You will receive a personalized
email with the live event link.
Name of Committee: Cures Acceleration
Network Review Board.
Date: January 16, 2020.
Time: 12:00 p.m. to 5:00 p.m.
Agenda: Report from the Institute Director.
Place: National Institutes of Health, One
Democracy Plaza, 6701 Democracy
Boulevard, Bethesda, MD 20892 (Virtual
Meeting).
Contact Person: Anna L. Ramsey-Ewing,
Ph.D., Executive Secretary, National Center
for Advancing Translational Sciences,
National Institutes of Health, One Democracy
Plaza, Room 1072, Bethesda, MD 20892, 301–
435–0809 anna.ramseyewing@nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.350, B—Cooperative
Agreements; 93.859, Biomedical Research
and Research Training, National Institutes of
Health, HHS)
Dated: December 6, 2019.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2019–26711 Filed 12–11–19; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Office of the Director; Notice of Charter
Renewal
It is determined that the Advisory
Committee to the Deputy Director for
Intramural Research, National Institutes
of Health, is in the public interest in
connection with the performance of
duties imposed on the National
Institutes of Health by law, and that
these duties can best be performed
through the advice and counsel of this
group.
In accordance with Title 41 of the
U.S. Code of Federal Regulations,
Section 102–3.65(a), notice is hereby
given that the Charter for the Advisory
Committee to the Deputy Director for
Intramural Research, National Institutes
of Health, was renewed for an
additional two-year period on August
15, 2019.
Inquiries may be directed to Claire
Harris, Director, Office of Federal
Advisory Committee Policy, Office of
the Director, National Institutes of
Health, 6701 Democracy Boulevard,
Suite 1000, Bethesda, Maryland 20892
PO 00000
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67949
(Mail code 4875), Telephone (301) 496–
2123, or harriscl@od.nih.gov.
Dated: December 6, 2019.
Natasha M. Copeland,
Deputy Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 2019–26709 Filed 12–11–19; 8:45 am]
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U.S. Customs and Border Protection
[1651–0063]
Agency Information Collection
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Foreign Trade Sub-Zones
U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 30-Day notice and request for
comments; extension of an existing
collection of information.
AGENCY:
The Department of Homeland
Security, U.S. Customs and Border
Protection will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (PRA). The
information collection is published in
the Federal Register to obtain comments
from the public and affected agencies.
DATES: Comments are encouraged and
must be submitted (no later than
January 13, 2020) to be assured of
consideration.
SUMMARY:
Interested persons are
invited to submit written comments on
this proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
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and Border Protection, Department of
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omb.eop.gov.
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Agencies
[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67948-67949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26710]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Center for Advancing Translational Sciences; Notice of
Meeting
Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended, notice is hereby given of a meeting of the National Center for
Advancing Translational Sciences Advisory Council.
The meeting will be open to the public as indicated below, viewing
virtually by WebEx. Individuals can register to view and access the
meeting by the link below.
https://nih.webex.com/nih/onstage/g.php?MTID=e56b929e2a7d82a92a5e58e040d7d103d
1. Go to ``Event Status'' on the left-hand side of page, then click
``Register''. On the registration form, enter your information and then
click ``Submit'' to complete the required registration.
2. You will receive a personalized email with the live event link.
The meeting will be closed to the public in accordance with the
[[Page 67949]]
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose confidential trade secrets or commercial property such as
patentable material, and personal information concerning individuals
associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
Name of Committee: National Center for Advancing Translational
Sciences Advisory Council.
Date: January 16, 2020.
Closed: 11:00 a.m. to 12:00 p.m.
Agenda: To review and evaluate grant applications.
Place: National Institutes of Health, One Democracy Plaza, 6701
Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting).
Open: 12:00 p.m. to 5:00 p.m.
Agenda: Report from the Institute Director and other staff.
Place: National Institutes of Health, One Democracy Plaza, 6701
Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting).
Contact Person: Anna L. Ramsey-Ewing, Ph.D., Executive
Secretary, National Center for Advancing Translational Sciences,
National Institutes of Health, One Democracy Plaza, Room 1072,
Bethesda, MD 20892, 301-435-0809, [email protected].
(Catalogue of Federal Domestic Assistance Program Nos. 93.859,
Pharmacology, Physiology, and Biological Chemistry Research; 93.350,
B--Cooperative Agreements; 93.859, Biomedical Research and Research
Training, National Institutes of Health, HHS)
Dated: December 6, 2019.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2019-26710 Filed 12-11-19; 8:45 am]
BILLING CODE 4140-01-P