FDA ‘Monster’ Patent Reg: Brands, Generics Each Want More Options To Pick Fights

PhRMA is concerned about the agency giving deference to generic sponsors in patent use code disputes, while GPhA wants a mechanism to challenge refuse-to-receive letters.

The brand and generic industries are at odds in their criticism of FDA’s proposed rule to implement portions of the Medicare Modernization Act of 2003. While both find fault with provisions dealing with patent certification they disagree on such issues as patent use codes and Orange Book submissions.

FDA issued the 341-page proposed regulation in February. Intended to implement aspects of the MMA that govern approval of 505(b)(2)...

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