Determination of Regulatory Review Period for Purposes of Patent Extension; Rybrevant, 14505-14507 [2024-03961]
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14505
Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
were approved under an emergency
approval for 6-months and included a
new requirement for Tribes or Tribal
organizations to provide that charging
fees and recovering costs will not be
permitted.
Comments due within 30 days of
publication. OMB must make a decision
about the collection of information
between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, a comment
is best assured of having its full effect
if OMB receives it within 30 days of
publication.
DATES:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review-Open
for Public Comments’’ or by using the
search function. You can also obtain
copies of the proposed collection of
information by emailing infocollection@
acf.hhs.gov. Identify all emailed
ADDRESSES:
requests by the title of the information
collection.
SUPPLEMENTARY INFORMATION:
Description: The final rule within 45
CFR part 309, published in the Federal
Register on March 30, 2004 at 69 FR
16638, contains a regulatory reporting
requirement that, in order to receive
funding for a Tribal IV–D program, a
Tribe or Tribal organization must
submit a plan describing how the Tribe
or Tribal organization meets or plans to
meet the objectives of section 455(f) of
the Social Security Act, including
establishing paternity; establishing,
modifying, and enforcing support
orders; and locating noncustodial
parents. The plan is required for all
Tribes requesting funding; however,
once a Tribe has met the requirements
to operate a comprehensive program, a
new plan is not required annually
unless a Tribe makes changes to its title
IV–D program. If a Tribe or Tribal
organization intends to make any
substantial or material changes, a Tribal
IV–D plan amendment must be
submitted for approval. Tribes and
Tribal organizations must have an
approved plan and submit any required
Burden Estimates
The following burden estimates
include new burden associated with the
change in requirement, as well as
existing burden under OMB #: 0970–
0218.
Total
number of
responses per
respondent
(over three
years)
Total
number of
respondents
Instrument
plan amendments in order to receive
funding to operate a Tribal IV–D
program. Through an emergency
approval request, OCSS included a new
requirement for Tribes and Tribal
organizations to provide that charging
fees and recovering costs will not be
permitted. This is due to the Final Rule
on the Elimination of the Non-Federal
Share published on February 12, 2024
(see 89 FR 9784). Tribes and Tribal
organizations that charge fees and
recover cost must submit a plan
amendment demonstrating compliance
with the proposed new requirement, in
accordance with 45 CFR 309.35(d). This
is a one-time submission. Only three
Tribal child support programs report
data on the collection of fees and
recovered costs. This request is to
extend approval with no changes.
Respondents: Tribes and Tribal
Organizations.
Burden hours
per response
Total
burden hours
(over three
years)
Annual
burden
hours
45 CFR 309—New Plan ....................................................
45 CFR 309—Plan Amendment ........................................
45 CFR 309—Plan Amendment—Charging fees and recovering ..........................................................................
10
60
3
*2
480
105
14,400
18,900
4,800
6,300
3
1
3
9
3
Estimated Burden Hours and Costs ...........................
........................
..........................
........................
33,309
11,103
* This estimate is based on an average number of about 2 amendments submitted per year per Tribe, but that does vary annually and by
Tribe.
Authority: Title IV–D of the Social
Security Act; 45 CFR 309.
Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024–03968 Filed 2–26–24; 8:45 am]
BILLING CODE 4184–41–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
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[Docket No. FDA–2022–E–2217]
Determination of Regulatory Review
Period for Purposes of Patent
Extension; Rybrevant
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
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16:53 Feb 26, 2024
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The Food and Drug
Administration (FDA or the Agency) has
determined the regulatory review period
for Rybrevant 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
biological product.
DATES: Anyone with knowledge that any
of the dates as published (see
SUPPLEMENTARY INFORMATION) are
incorrect may submit either electronic
or written comments and ask for a
redetermination by April 29, 2024.
Furthermore, any interested person may
petition FDA for a determination
regarding whether the applicant for
SUMMARY:
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Frm 00076
Fmt 4703
Sfmt 4703
extension acted with due diligence
during the regulatory review period by
August 26, 2024. See ‘‘Petitions’’ in the
SUPPLEMENTARY INFORMATION section for
more information.
You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. The https://
www.regulations.gov electronic filing
system will accept comments until
11:59 p.m. eastern time at the end of
April 29, 2024. Comments received by
mail/hand delivery/courier (for written/
paper submissions) will be considered
timely if they are received on or before
that date.
ADDRESSES:
Electronic Submissions
Submit electronic comments in the
following way:
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14506
Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
• 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
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): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, 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–
2022–E–2217 for ‘‘Determination of
Regulatory Review Period for Purposes
of Patent Extension; RYBREVANT.’’
Received comments, those filed in a
timely manner (see ADDRESSES), will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
• 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
VerDate Sep<11>2014
16:53 Feb 26, 2024
Jkt 262001
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 Dockets Management
Staff. 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 § 10.20 (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.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
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 Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
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 or biologic 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
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
the clinical investigations of the
biological product 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 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 biological 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 biologic product Rybrevant
(amivantamab-vmjw). Rybrevant is
indicated for the treatment of adult
patients with locally advanced or
metastatic non-small cell lung cancer
with epidermal growth factor receptor
exon 20 insertion mutations, as detected
by an FDA-approved test, whose disease
has progressed on or after platinumbased chemotherapy. Subsequent to this
approval, the USPTO received a patent
term restoration application for
Rybrevant (U.S. Patent No. 9,593,164)
from Janssen Biotech, Inc., and the
USPTO requested FDA’s assistance in
determining this patent’s eligibility for
patent term restoration. In a letter dated
September 21, 2022, FDA advised the
USPTO that this human biological
product had undergone a regulatory
review period and that the approval of
Rybrevant 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
Rybrevant is 1,284 days. Of this time,
1,105 days occurred during the testing
phase of the regulatory review period,
while 179 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 (21 U.S.C. 355(i))
became effective: November 16, 2017.
The applicant claims November 19,
2017, as the date the investigational new
drug application (IND) became effective.
However, FDA records indicate that the
IND effective date was November 16,
2017, which was the first date after
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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
receipt of the IND that the
investigational studies were allowed to
proceed.
2. The date the application was
initially submitted with respect to the
human biological product under section
351 of the Public Health Service Act (42
U.S.C. 262): November 24, 2020. FDA
has verified the applicant’s claim that
the biologics license application (BLA)
for Rybrevant (BLA B761210) was
initially submitted on November 24,
2020.
3. The date the application was
approved: May 21, 2021. FDA has
verified the applicant’s claim that BLA
B761210 was approved on May 21,
2021.
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 546 days of patent
term extension.
lotter on DSK11XQN23PROD with NOTICES1
III. Petitions
Anyone with knowledge that any of
the dates as published are incorrect may
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: February 22, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–03961 Filed 2–26–24; 8:45 am]
BILLING CODE 4164–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Agency Information Collection
Activities: Proposed Collection: Public
Comment Request; Information
Collection Request Title: Ryan White
HIV/AIDS Program Core Medical
Services Waiver Form, OMB No. 0906–
0065—Revision
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 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 should be
received no later than April 29, 2024.
ADDRESSES: Submit your comments to
paperwork@hrsa.gov or mail the HRSA
Information Collection Clearance
Officer, Room 14N39, 5600 Fishers
Lane, Rockville, Maryland 20857.
FOR FURTHER INFORMATION CONTACT: To
request more information on the
proposed project or to obtain a copy of
the data collection plans and draft
instruments, email paperwork@hrsa.gov
or call Joella Roland, the HRSA
Information Collection Clearance
Officer, at (301) 443–3983.
SUPPLEMENTARY INFORMATION: When
submitting comments or requesting
information, please include the ICR title
for reference.
Information Collection Request Title:
Ryan White HIV/AIDS Program Core
Medical Services Waiver Form, OMB
No. 0915–0065—Revision
Abstract: In accordance with sections
2604(c), 2612(b), and 2651(c) of the
Public Health Service Act, recipients are
required to spend not less than 75
percent of funds on core medical
services for individuals with HIV
identified and eligible under the statute,
after reserving permissible amounts for
administrative and clinical quality
management (CQM) costs. The statute
also grants the Secretary of Health and
Human Services authority to waive this
requirement for a Ryan White HIV/AIDS
Program (RWHAP) Part A, B, or C
recipient if certain requirements are
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
14507
met, and a waiver request is submitted
to HRSA for approval.
As currently implemented by HRSA,
to be approved, (1) core medical
services must be available and
accessible to all individuals identified
and eligible for the RWHAP in the
recipient’s service area within 30 days.
This access must be without regard to
payer source, and without the need to
spend at least 75 percent of funds
remaining from the recipient’s RWHAP
award after statutorily permissible
amounts for administrative and CQM
costs are reserved; (2) the recipient must
ensure there are no AIDS Drug
Assistance Program (ADAP) waiting
lists in their service area; and (3) a
public process to obtain input on the
waiver request must have occurred. This
process must seek input from impacted
communities including clients and
RWHAP-funded core medical services
providers on the availability of core
medical services, and the decision to
request the waiver. The public process
may be a part of the same one used by
recipients to seek input on community
needs as part of the annual priority
setting and resource allocation,
comprehensive planning, statewide
coordinated statement of need, public
planning, and/or needs assessment
processes. RWHAP Parts A, B, and C
core medical services waiver requests
must include funds awarded under the
Minority AIDS Initiative. Core medical
services waivers are effective for a 1year period.
The process for RWHAP Parts A, B,
and C grant recipients to request a
waiver of the minimum expenditure
amount requirements for core medical
services is outlined in Policy Notice 21–
01, Waiver of the Ryan White HIV/AIDS
Program Core Medical Services
Expenditure Requirement.
HRSA proposes to modify the onepage form to include the proposed
percentages of HIV service dollars
allocated to core medical and support
services. Under the proposed changes, a
field will be added to the form to
capture the proposed percentages. This
information will inform HRSA whether
recipients are able to meet the statutory
requirements in sections 2604(c),
2612(b), and 2651(c) of the Public
Health Service Act and will clarify what
proposed portion of funds will be
allocated to core medical and support
services. Minor changes will also be
made to the form to increase readability.
Summary of Proposed Changes:
Sections 2604(c), 2612(b), and 2651(c) of
the Public Health Service Act requires
recipients to spend not less than 75
percent of funds on core medical
services after reserving statutorily
E:\FR\FM\27FEN1.SGM
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Agencies
[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14505-14507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03961]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2022-E-2217]
Determination of Regulatory Review Period for Purposes of Patent
Extension; Rybrevant
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for Rybrevant 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
biological product.
DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by April 29, 2024.
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 26, 2024. See
``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.
ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. eastern time at the end of April 29, 2024. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are received on or before that date.
Electronic Submissions
Submit electronic comments in the following way:
[[Page 14506]]
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 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): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Dockets
Management Staff, 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-2022-E-2217 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; RYBREVANT.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
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 Dockets Management Staff. 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 Sec. 10.20 (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.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
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 Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, 240-402-7500.
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 or biologic 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 product 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 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 biological 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 biologic product Rybrevant
(amivantamab-vmjw). Rybrevant is indicated for the treatment of adult
patients with locally advanced or metastatic non-small cell lung cancer
with epidermal growth factor receptor exon 20 insertion mutations, as
detected by an FDA-approved test, whose disease has progressed on or
after platinum-based chemotherapy. Subsequent to this approval, the
USPTO received a patent term restoration application for Rybrevant
(U.S. Patent No. 9,593,164) from Janssen Biotech, Inc., and the USPTO
requested FDA's assistance in determining this patent's eligibility for
patent term restoration. In a letter dated September 21, 2022, FDA
advised the USPTO that this human biological product had undergone a
regulatory review period and that the approval of Rybrevant 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
Rybrevant is 1,284 days. Of this time, 1,105 days occurred during the
testing phase of the regulatory review period, while 179 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 (21 U.S.C. 355(i)) became effective: November
16, 2017. The applicant claims November 19, 2017, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was November 16, 2017,
which was the first date after
[[Page 14507]]
receipt of the IND that the investigational studies were allowed to
proceed.
2. The date the application was initially submitted with respect to
the human biological product under section 351 of the Public Health
Service Act (42 U.S.C. 262): November 24, 2020. FDA has verified the
applicant's claim that the biologics license application (BLA) for
Rybrevant (BLA B761210) was initially submitted on November 24, 2020.
3. The date the application was approved: May 21, 2021. FDA has
verified the applicant's claim that BLA B761210 was approved on May 21,
2021.
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 546 days 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, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec. 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 Sec. 60.30, including but not limited to: must be timely (see
DATES), must be filed in accordance with Sec. 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: February 22, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-03961 Filed 2-26-24; 8:45 am]
BILLING CODE 4164-01-P