At the request of stakeholders, the US Food and Drug Administration has added a bit more clarity on when it will consider gene therapy products to be the same for the purposes of determining an orphan drug designation or orphan exclusivity. But its final guidance still leaves unresolved questions about what may constitute “minor differences” between products.
The agency issued the guidance, “Interpreting Sameness of Gene Therapy Products Under the Orphan Drug Regulations,” on 29 September. The six-page document is very similar to the draft guidance issued in January 2020
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