Drug sponsors may begin taking greater advantage of a little-used criterion for receiving an orphan drug designation from the Food & Drug Administration: a product that is not expected to be profitable for use in that disease within seven years of marketing approval (the length of the exclusivity period available under the Orphan Drug Act).
Essentially all orphan drug designations granted to date have been based on the justification that the product would treat a disease or condition affecting less than 200,000 patients in the U.S
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