81_FR_5486 81 FR 5465 - Agency Information Collection Activities: Proposed Collection; Comment Request; Applications for Food and Drug Administration Approval to Market a New Drug: Patent Submission and Listing Requirements and Application of 30-Month Stays on Approval of Abbreviated New Drug Applications Certifying That a Patent Claiming a Drug Is Valid or Will Not Be Infringed

81 FR 5465 - Agency Information Collection Activities: Proposed Collection; Comment Request; Applications for Food and Drug Administration Approval to Market a New Drug: Patent Submission and Listing Requirements and Application of 30-Month Stays on Approval of Abbreviated New Drug Applications Certifying That a Patent Claiming a Drug Is Valid or Will Not Be Infringed

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 21 (February 2, 2016)

Page Range5465-5467
FR Document2016-01782

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the reporting requirements for submission and listing of patent information associated with a new drug application (NDA), an amendment, or a supplement.

Federal Register, Volume 81 Issue 21 (Tuesday, February 2, 2016)
[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)]
[Notices]
[Pages 5465-5467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01782]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0662]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Applications for Food and Drug Administration Approval 
to Market a New Drug: Patent Submission and Listing Requirements and 
Application of 30-Month Stays on Approval of Abbreviated New Drug 
Applications Certifying That a Patent Claiming a Drug Is Valid or Will 
Not Be Infringed

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the reporting requirements for 
submission and listing of patent information associated with a new drug 
application (NDA), an amendment, or a supplement.

DATES: Submit either electronic or written comments on the collection 
of information by April 4, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, 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-2013-N-0662 for ``Agency Information Collection Activities: 
Proposed Collection; Comment Request; Applications for Food and Drug 
Administration Approval to Market a New Drug: Patent Submission and 
Listing Requirements and Application of 30-Month Stays on Approval of 
Abbreviated New Drug Applications.'' Received comments will be placed 
in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at http://www.regulations.gov or at 
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
     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 http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. 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 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: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [email protected].

[[Page 5466]]


SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Applications for FDA Approval To Market a New Drug: Patent Submission 
and Listing Requirements and Application of 30-month Stays on Approval 
of Abbreviated New Drug Applications Certifying That a Patent Claiming 
a Drug Is Invalid or Will Not Be Infringed--OMB Control Number 0910-
0513--Extension

    Section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 355(b)(1)) requires all NDA applicants to file, as 
part of the NDA, ``the patent number and the expiration date of any 
patent which claims the drug for which the applicant submitted the 
application or which claims a method of using such drug and with 
respect to which a claim of patent infringement could reasonably be 
asserted if a person not licensed by the owner engaged in the 
manufacture, use, or sale of the drug.'' Section 505(c)(2) of the FD&C 
Act (21 U.S.C. 355(c)(2)) imposes a similar patent submission 
obligation on holders of approved NDAs when the NDA holder could not 
have submitted the patent information with its application. Under Sec.  
505(b)(1) of the FD&C Act, we publish patent information after approval 
of an NDA application in the list entitled ``Approved Drug Products 
with Therapeutic Equivalence Evaluations'' (the Orange Book). If patent 
information is submitted after NDA approval, Sec.  505(c)(2) of the 
FD&C Act directs us to publish the information upon its submission.
    FDA regulations at Sec. Sec.  314.50(h) (21 CFR 314.50(h)) and 
314.53 (21 CFR 314.53) clarify the types of patent information that 
must and must not be submitted to FDA as part of an NDA, an amendment, 
or a supplement, and require persons submitting an NDA, an amendment, 
or a supplement, or submitting information on a patent after NDA 
approval, to make a detailed patent declaration using Form FDA 3542a 
and Form FDA 3542.
    The reporting burden for submitting an NDA, an amendment, or 
supplement in accordance with Sec.  314.50 (a) through (f), and (k) has 
been estimated by FDA and the collection of information has been 
approved by OMB under OMB control number 0910-0001. We are not re-
estimating these approved burdens in this document. Only the reporting 
burdens associated with patent submission and listing, as explained 
below, are estimated in this document.
    The information collection reporting requirements are as follows:
    Section 314.50(h) requires that an NDA, an amendment, or a 
supplement contain patent information described under Sec.  314.53.
    Section 314.53 requires that an applicant submitting an NDA, an 
amendment, or a supplement, except as provided in Sec.  314.53(d)(2), 
submit on Forms 3542 and 3542a, the required patent information 
described in this section.
    Compliance with the information collection burdens under Sec. Sec.  
314.50(h) and 314.53 consists of submitting with an NDA, an amendment, 
or a supplement (collectively referred to as ``application'') the 
required patent declaration(s) on Form 3542a for each ``patent that 
claims the drug or a method of using the drug that is the subject of 
the new drug application or amendment or supplement to it and with 
respect to which a claim of patent infringement could reasonably be 
asserted if a person not licensed by the owner of the patent engaged in 
the manufacture, use, or sale of the drug product'' (Sec.  314.53(b)). 
Such patents claim the drug substance (active ingredient), drug product 
(formulation and composition), or method of use. If a patent is issued 
after the application is filed with FDA, but before the application is 
approved, the applicant must submit the required patent information on 
Form 3542a as an amendment to the application, within 30 days of the 
date of issuance of the patent.
    Within 30 days after the date of approval of an application, the 
applicant must submit Form 3542 for each patent that claims the drug 
substance (active ingredient), drug product (formulation and 
composition), or approved method of use for listing in the Orange Book. 
In addition, for patents issued after the date of approval of an 
application, Form 3542 must be submitted within 30 days of the date of 
issuance of the patent.
    FDA requests OMB approval for the following information collection:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                  Number of
  21 CFR 314.50 (citing Sec.      Number of     responses per   Total annual      Hours per       Total hours
           314.53)               respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Form FDA 3542a...............             241             3.4             819              20             16,380
Form FDA 3542................             200             3.4             680               5              3,400
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ..............  ..............  ..............             19,780
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs, operating and maintenance costs associated with this collection of information.


[[Page 5467]]

    The numbers of patents submitted to FDA for listing in the Orange 
Book in 2012, 2013, and 2014 were 458, 509, and 617, respectively, for 
an annual average of 528 (458 patents + 509 patents + 617 patents)/3 
years = 528 patents/year). Because many of these individual patents are 
included in multiple NDA submissions, there could be multiple 
declarations for a single patent. From our previous review of 
submissions, we believe that approximately 14 percent of the patents 
submitted are included in multiple NDA submissions, and thus require 
multiple patent declarations. Therefore, we estimate that 74 (528 
patents x 14 percent) patents will be multiple listings, and there will 
be a total of 602 patents (528 patents + 74 patents = 602 patents) 
declared on Form FDA 3542. We approved 86, 94, and 107 NDAs in calendar 
years 2012, 2013, and 2014, respectively, of which we estimate based on 
our previous review that approximately 71 percent submitted patent 
information for listing in the Orange Book. The remaining NDAs 
submitted Form FDA 3542 as required and declared that there were no 
relevant patents. We also approved approximately 101, 101, and 110 NDA 
supplements in FYs 2012, 2013, and 2014, respectively, for which 
submission of a patent declaration would be required. We estimate there 
will be 200 instances (based on an average of 96 NDA approvals and 104 
supplement approvals per year) where an NDA holder would be affected by 
the patent declaration requirements, and that each of these NDA holders 
would, on average, submit 3.4 declarations (602 patent declarations + 
74 no relevant patent declarations)/200 instances = 3.4 declarations 
per instance) on Form FDA 3542. We filed 112, 116, and 113 NDAs in 
2012, 2013, and 2014, respectively, and 112, 112, 156 NDA supplements 
in 2012, 2013, and 2014, respectively, for which submission of a patent 
declaration would be required. We estimate there will be 241 instances 
(based on an average of 114 NDAs filed and 127 NDA supplements filed 
per year) where an NDA holder would be affected by the patent 
declaration requirements. We estimate, based on a proportional increase 
from the number of declarations for approved NDAs, that there will be 
an annual total of 819 declarations (241 instances x 3.4 declarations 
per instance = 819 declarations) on Form FDA 3542a submitted with these 
applications. Based upon information provided by regulated entities and 
other information, we previously estimated that the information 
collection burden associated with Sec.  314.50(h) (citing Sec.  314.53) 
and Forms FDA 3542 and 3542a will be approximately 5 hours and 20 hours 
per response, respectively.

    Dated: January 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-01782 Filed 2-1-16; 8:45 am]
BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Notices                                           5465

                                             ADDRESSES sections above and state                      extension of an existing collection of                Applications for Food and Drug
                                             whether or not they are in the                          information, and to allow 60 days for                 Administration Approval to Market a
                                             community in which the hospital is                      public comment in response to the                     New Drug: Patent Submission and
                                             located.                                                notice. This notice solicits comments on              Listing Requirements and Application
                                                                                                     the reporting requirements for                        of 30-Month Stays on Approval of
                                             IV. Collection of Information
                                                                                                     submission and listing of patent                      Abbreviated New Drug Applications.’’
                                             Requirements
                                                                                                     information associated with a new drug                Received comments will be placed in
                                               This document does not impose                         application (NDA), an amendment, or a                 the docket and, except for those
                                             information collection requirements,                    supplement.                                           submitted as ‘‘Confidential
                                             that is, reporting, recordkeeping or                    DATES: Submit either electronic or                    Submissions,’’ publicly viewable at
                                             third-party disclosure requirements.                    written comments on the collection of                 http://www.regulations.gov or at the
                                             Consequently, there is no need for                      information by April 4, 2016.                         Division of Dockets Management
                                             review by the Office of Management and                                                                        between 9 a.m. and 4 p.m., Monday
                                                                                                     ADDRESSES: You may submit comments
                                             Budget under the authority of the                                                                             through Friday.
                                                                                                     as follows:
                                             Paperwork Reduction Act of 1995 (44                                                                              • Confidential Submissions—To
                                             U.S.C. 3501 et seq.).                                   Electronic Submissions                                submit a comment with confidential
                                             V. Response to Public Comments                            Submit electronic comments in the                   information that you do not wish to be
                                                                                                     following way:                                        made publicly available, submit your
                                               Because of the large number of public                                                                       comments only as a written/paper
                                             comments we normally receive on                           • Federal eRulemaking Portal: http://
                                                                                                     www.regulations.gov. Follow the                       submission. You should submit two
                                             Federal Register documents, we are not                                                                        copies total. One copy will include the
                                             able to acknowledge or respond to them                  instructions for submitting comments.
                                                                                                     Comments submitted electronically,                    information you claim to be confidential
                                             individually. We will consider all                                                                            with a heading or cover note that states
                                             comments we receive by the date and                     including attachments, to http://
                                                                                                     www.regulations.gov will be posted to                 ‘‘THIS DOCUMENT CONTAINS
                                             time specified in the DATES section of                                                                        CONFIDENTIAL INFORMATION’’. The
                                             this preamble, and, when we proceed                     the docket unchanged. Because your
                                                                                                     comment will be made public, you are                  Agency will review this copy, including
                                             with a subsequent document, we will                                                                           the claimed confidential information, in
                                             respond to the comments in the                          solely responsible for ensuring that your
                                                                                                     comment does not include any                          its consideration of comments. The
                                             preamble to that document.                                                                                    second copy, which will have the
                                                                                                     confidential information that you or a
                                               Dated: January 6, 2016.                                                                                     claimed confidential information
                                                                                                     third party may not wish to be posted,
                                             Andrew M. Slavitt,                                      such as medical information, your or                  redacted/blacked out, will be available
                                             Acting Administrator, Centers for Medicare              anyone else’s Social Security number, or              for public viewing and posted on http://
                                             & Medicaid Services.                                    confidential business information, such               www.regulations.gov. Submit both
                                             [FR Doc. 2016–01830 Filed 2–1–16; 8:45 am]              as a manufacturing process. Please note               copies to the Division of Dockets
                                             BILLING CODE 4120–01–P                                  that if you include your name, contact                Management. If you do not wish your
                                                                                                     information, or other information that                name and contact information to be
                                                                                                     identifies you in the body of your                    made publicly available, you can
                                             DEPARTMENT OF HEALTH AND                                comments, that information will be                    provide this information on the cover
                                             HUMAN SERVICES                                          posted on http://www.regulations.gov.                 sheet and not in the body of your
                                                                                                       • If you want to submit a comment                   comments and you must identify this
                                             Food and Drug Administration                                                                                  information as ‘‘confidential.’’ Any
                                                                                                     with confidential information that you
                                             [Docket No. FDA–2013–N–0662]                            do not wish to be made available to the               information marked as ‘‘confidential’’
                                                                                                     public, submit the comment as a                       will not be disclosed except in
                                             Agency Information Collection                           written/paper submission and in the                   accordance with 21 CFR 10.20 and other
                                             Activities: Proposed Collection;                        manner detailed (see ‘‘Written/Paper                  applicable disclosure law. For more
                                             Comment Request; Applications for                       Submissions’’ and ‘‘Instructions’’).                  information about FDA’s posting of
                                             Food and Drug Administration                                                                                  comments to public dockets, see 80 FR
                                             Approval to Market a New Drug: Patent                   Written/Paper Submissions                             56469, September 18, 2015, or access
                                             Submission and Listing Requirements                        Submit written/paper submissions as                the information at: http://www.fda.gov/
                                             and Application of 30-Month Stays on                    follows:                                              regulatoryinformation/dockets/
                                             Approval of Abbreviated New Drug                           • Mail/Hand delivery/Courier (for                  default.htm.
                                             Applications Certifying That a Patent                   written/paper submissions): Division of                  Docket: For access to the docket to
                                             Claiming a Drug Is Valid or Will Not Be                 Dockets Management (HFA–305), Food                    read background documents or the
                                             Infringed                                               and Drug Administration, 5630 Fishers                 electronic and written/paper comments
                                                                                                     Lane, Rm. 1061, Rockville, MD 20852.                  received, go to http://
                                             AGENCY:    Food and Drug Administration,
                                             HHS.                                                       • For written/paper comments                       www.regulations.gov and insert the
                                                                                                     submitted to the Division of Dockets                  docket number, found in brackets in the
                                             ACTION:   Notice.                                                                                             heading of this document, into the
                                                                                                     Management, FDA will post your
                                             SUMMARY:  The Food and Drug                             comment, as well as any attachments,                  ‘‘Search’’ box and follow the prompts
                                             Administration (FDA) is announcing an                   except for information submitted,                     and/or go to the Division of Dockets
                                             opportunity for public comment on the                   marked and identified, as confidential,               Management, 5630 Fishers Lane, Rm.
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                                             proposed collection of certain                          if submitted as detailed in                           1061, Rockville, MD 20852.
                                             information by the Agency. Under the                    ‘‘Instructions.’’                                     FOR FURTHER INFORMATION CONTACT: FDA
                                             Paperwork Reduction Act of 1995 (the                       Instructions: All submissions received             PRA Staff, Office of Operations, Food
                                             PRA), Federal Agencies are required to                  must include the Docket No. FDA–                      and Drug Administration, 8455
                                             publish notice in the Federal Register                  2013–N–0662 for ‘‘Agency Information                  Colesville Rd., COLE–14526, Silver
                                             concerning each proposed collection of                  Collection Activities: Proposed                       Spring, MD 20993–0002, PRAStaff@
                                             information, including each proposed                    Collection; Comment Request;                          fda.hhs.gov.


                                        VerDate Sep<11>2014   15:21 Feb 01, 2016   Jkt 238001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\02FEN1.SGM   02FEN1


                                             5466                                   Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Notices

                                             SUPPLEMENTARY INFORMATION:       Under the                                 (21 U.S.C. 355(b)(1)) requires all NDA                                      contain patent information described
                                             PRA (44 U.S.C. 3501–3520), Federal                                         applicants to file, as part of the NDA,                                     under § 314.53.
                                             Agencies must obtain approval from the                                     ‘‘the patent number and the expiration                                         Section 314.53 requires that an
                                             Office of Management and Budget                                            date of any patent which claims the                                         applicant submitting an NDA, an
                                             (OMB) for each collection of                                               drug for which the applicant submitted
                                                                                                                                                                                                    amendment, or a supplement, except as
                                             information they conduct or sponsor.                                       the application or which claims a
                                                                                                                                                                                                    provided in § 314.53(d)(2), submit on
                                             ‘‘Collection of information’’ is defined                                   method of using such drug and with
                                             in 44 U.S.C. 3502(3) and 5 CFR                                             respect to which a claim of patent                                          Forms 3542 and 3542a, the required
                                             1320.3(c) and includes Agency requests                                     infringement could reasonably be                                            patent information described in this
                                             or requirements that members of the                                        asserted if a person not licensed by the                                    section.
                                             public submit reports, keep records, or                                    owner engaged in the manufacture, use,                                         Compliance with the information
                                             provide information to a third party.                                      or sale of the drug.’’ Section 505(c)(2) of                                 collection burdens under §§ 314.50(h)
                                             Section 3506(c)(2)(A) of the PRA (44                                       the FD&C Act (21 U.S.C. 355(c)(2))                                          and 314.53 consists of submitting with
                                             U.S.C. 3506(c)(2)(A)) requires Federal                                     imposes a similar patent submission                                         an NDA, an amendment, or a
                                             Agencies to provide a 60-day notice in                                     obligation on holders of approved NDAs                                      supplement (collectively referred to as
                                             the Federal Register concerning each                                       when the NDA holder could not have                                          ‘‘application’’) the required patent
                                             proposed collection of information,                                        submitted the patent information with                                       declaration(s) on Form 3542a for each
                                             including each proposed extension of an                                    its application. Under § 505(b)(1) of the                                   ‘‘patent that claims the drug or a method
                                             existing collection of information,                                        FD&C Act, we publish patent                                                 of using the drug that is the subject of
                                             before submitting the collection to OMB                                    information after approval of an NDA
                                                                                                                                                                                                    the new drug application or amendment
                                             for approval. To comply with this                                          application in the list entitled
                                                                                                                                                                                                    or supplement to it and with respect to
                                             requirement, FDA is publishing notice                                      ‘‘Approved Drug Products with
                                             of the proposed collection of                                              Therapeutic Equivalence Evaluations’’                                       which a claim of patent infringement
                                             information set forth in this document.                                    (the Orange Book). If patent information                                    could reasonably be asserted if a person
                                                With respect to the following                                           is submitted after NDA approval,                                            not licensed by the owner of the patent
                                             collection of information, FDA invites                                     § 505(c)(2) of the FD&C Act directs us to                                   engaged in the manufacture, use, or sale
                                             comments on these topics: (1) Whether                                      publish the information upon its                                            of the drug product’’ (§ 314.53(b)). Such
                                             the proposed collection of information                                     submission.                                                                 patents claim the drug substance (active
                                             is necessary for the proper performance                                       FDA regulations at §§ 314.50(h) (21                                      ingredient), drug product (formulation
                                             of FDA’s functions, including whether                                      CFR 314.50(h)) and 314.53 (21 CFR                                           and composition), or method of use. If
                                             the information will have practical                                        314.53) clarify the types of patent                                         a patent is issued after the application
                                             utility; (2) the accuracy of FDA’s                                         information that must and must not be                                       is filed with FDA, but before the
                                             estimate of the burden of the proposed                                     submitted to FDA as part of an NDA, an                                      application is approved, the applicant
                                             collection of information, including the                                   amendment, or a supplement, and                                             must submit the required patent
                                             validity of the methodology and                                            require persons submitting an NDA, an                                       information on Form 3542a as an
                                             assumptions used; (3) ways to enhance                                      amendment, or a supplement, or                                              amendment to the application, within
                                             the quality, utility, and clarity of the                                   submitting information on a patent after                                    30 days of the date of issuance of the
                                             information to be collected; and (4)                                       NDA approval, to make a detailed                                            patent.
                                             ways to minimize the burden of the                                         patent declaration using Form FDA
                                             collection of information on                                               3542a and Form FDA 3542.                                                       Within 30 days after the date of
                                             respondents, including through the use                                        The reporting burden for submitting                                      approval of an application, the
                                             of automated collection techniques,                                        an NDA, an amendment, or supplement                                         applicant must submit Form 3542 for
                                             when appropriate, and other forms of                                       in accordance with § 314.50 (a) through                                     each patent that claims the drug
                                             information technology.                                                    (f), and (k) has been estimated by FDA                                      substance (active ingredient), drug
                                                                                                                        and the collection of information has                                       product (formulation and composition),
                                             Applications for FDA Approval To                                           been approved by OMB under OMB                                              or approved method of use for listing in
                                             Market a New Drug: Patent Submission                                       control number 0910–0001. We are not
                                             and Listing Requirements and                                                                                                                           the Orange Book. In addition, for
                                                                                                                        re-estimating these approved burdens in                                     patents issued after the date of approval
                                             Application of 30-month Stays on
                                                                                                                        this document. Only the reporting                                           of an application, Form 3542 must be
                                             Approval of Abbreviated New Drug
                                                                                                                        burdens associated with patent                                              submitted within 30 days of the date of
                                             Applications Certifying That a Patent
                                                                                                                        submission and listing, as explained                                        issuance of the patent.
                                             Claiming a Drug Is Invalid or Will Not
                                                                                                                        below, are estimated in this document.
                                             Be Infringed—OMB Control Number                                               The information collection reporting                                        FDA requests OMB approval for the
                                             0910–0513—Extension                                                        requirements are as follows:                                                following information collection:
                                               Section 505(b)(1) of the Federal Food,                                      Section 314.50(h) requires that an
                                             Drug, and Cosmetic Act (the FD&C Act)                                      NDA, an amendment, or a supplement

                                                                                                           TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                 Number of
                                                                          21 CFR 314.50                                               Number of                                            Total annual                 Hours per               Total
                                                                                                                                                               responses per
                                                                          (citing § 314.53)                                          respondents                                            responses                   response                hours
                                                                                                                                                                 respondent
wgreen on DSK2VPTVN1PROD with NOTICES




                                             Form FDA 3542a ...........................................................                               241                         3.4                      819                           20         16,380
                                             Form FDA 3542 .............................................................                              200                         3.4                      680                            5          3,400

                                                   Total ........................................................................   ........................   ........................   ........................   ........................       19,780
                                                1 There    are no capital costs, operating and maintenance costs associated with this collection of information.




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                                                                          Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Notices                                            5467

                                                The numbers of patents submitted to                  information collection burden                         DEPARTMENT OF HEALTH AND
                                             FDA for listing in the Orange Book in                   associated with § 314.50(h) (citing                   HUMAN SERVICES
                                             2012, 2013, and 2014 were 458, 509,                     § 314.53) and Forms FDA 3542 and
                                             and 617, respectively, for an annual                    3542a will be approximately 5 hours                   Food and Drug Administration
                                             average of 528 (458 patents + 509                       and 20 hours per response, respectively.              [Docket No. FDA–2016–N–0001]
                                             patents + 617 patents)/3 years = 528                      Dated: January 27, 2016.
                                             patents/year). Because many of these                    Leslie Kux,                                           The Arthritis Foundation—Food and
                                             individual patents are included in                      Associate Commissioner for Policy.                    Drug Administration Accelerating
                                             multiple NDA submissions, there could                                                                         Osteoarthritis Clinical Trials Workshop
                                                                                                     [FR Doc. 2016–01782 Filed 2–1–16; 8:45 am]
                                             be multiple declarations for a single
                                             patent. From our previous review of                     BILLING CODE 4164–01–P                                AGENCY:    Food and Drug Administration,
                                             submissions, we believe that                                                                                  HHS.
                                             approximately 14 percent of the patents                                                                       ACTION:   Notice of workshop.
                                                                                                     DEPARTMENT OF HEALTH AND
                                             submitted are included in multiple NDA                  HUMAN SERVICES                                        SUMMARY:    Osteoarthritis is the most
                                             submissions, and thus require multiple                                                                        common form of arthritis, and occurs
                                             patent declarations. Therefore, we                      Food and Drug Administration                          when the cartilage that cushions the
                                             estimate that 74 (528 patents × 14                                                                            bones of the joint break down and the
                                             percent) patents will be multiple                       [Docket No. FDA–2012–N–0129]                          bones begin to rub together. This can
                                             listings, and there will be a total of 602                                                                    cause pain, swelling, and loss of motion
                                             patents (528 patents + 74 patents = 602                 Agency Information Collection                         of the joint. The Food and Drug
                                             patents) declared on Form FDA 3542.                     Activities; Announcement of Office of                 Administration’s (FDA) Center for Drug
                                             We approved 86, 94, and 107 NDAs in                     Management and Budget Approval;                       Evaluation and Research, in co-
                                             calendar years 2012, 2013, and 2014,                    General Licensing Provisions; Section                 sponsorship with the Arthritis
                                             respectively, of which we estimate                      351(k) Biosimilar Applications                        Foundation is announcing a workshop
                                             based on our previous review that                                                                             entitled, ‘‘Accelerating OA Clinical
                                             approximately 71 percent submitted                      AGENCY:    Food and Drug Administration,
                                                                                                                                                           Trials Workshop’’. The purpose of the
                                             patent information for listing in the                   HHS.
                                                                                                                                                           workshop is to discuss
                                             Orange Book. The remaining NDAs                         ACTION:   Notice.                                     recommendations from the international
                                             submitted Form FDA 3542 as required                                                                           Arthritis Foundation Accelerating
                                             and declared that there were no relevant                SUMMARY:   The Food and Drug
                                                                                                     Administration (FDA) is announcing                    Osteoarthritis Clinical Trial workgroup
                                             patents. We also approved                                                                                     and identify next steps in forging new
                                             approximately 101, 101, and 110 NDA                     that a collection of information entitled
                                                                                                     ‘‘General Licensing Provisions; Section               approaches to osteoarthritis clinical
                                             supplements in FYs 2012, 2013, and                                                                            trials that may improve the likelihood of
                                             2014, respectively, for which                           351(k) Biosimilar Applications’’ has
                                                                                                     been approved by the Office of                        successful conduct and outcomes of
                                             submission of a patent declaration                                                                            these trials and lead to the development
                                             would be required. We estimate there                    Management and Budget (OMB) under
                                                                                                     the Paperwork Reduction Act of 1995.                  of safe and effective treatments for
                                             will be 200 instances (based on an                                                                            osteoarthritis.
                                             average of 96 NDA approvals and 104                     FOR FURTHER INFORMATION CONTACT: FDA
                                             supplement approvals per year) where                    PRA Staff, Office of Operations, Food                 DATES:  The workshop will be held on
                                             an NDA holder would be affected by the                  and Drug Administration, 8455                         February 24, 2016, from 8 a.m. to 5:30
                                             patent declaration requirements, and                    Colesville Rd., COLE–14526, Silver                    p.m., and February 25, 2016, from 8 a.m.
                                             that each of these NDA holders would,                   Spring, MD 20993–0002, PRAStaff@                      to 2 p.m.
                                             on average, submit 3.4 declarations (602                fda.hhs.gov.                                          ADDRESSES: The workshop will be held
                                             patent declarations + 74 no relevant                                                                          at the Atlanta Airport Hilton, 1031
                                                                                                     SUPPLEMENTARY INFORMATION:     On July 8,
                                             patent declarations)/200 instances = 3.4                                                                      Virginia Ave., Atlanta, GA 30354.
                                                                                                     2015, the Agency submitted a proposed
                                             declarations per instance) on Form FDA                  collection of information entitled                    FOR FURTHER INFORMATION CONTACT:
                                             3542. We filed 112, 116, and 113 NDAs                   ‘‘General Licensing Provisions; Section               Sarah Yim, Office of New Drugs, Center
                                             in 2012, 2013, and 2014, respectively,                  351(k) Biosimilar Applications’’ to OMB               for Drug Evaluation and Research,
                                             and 112, 112, 156 NDA supplements in                    for review and clearance under 44                     email: sarah.yim@fda.hhs.gov; Amanda
                                             2012, 2013, and 2014, respectively, for                 U.S.C. 3507. An Agency may not                        Niskar, Arthritis Foundation, Inc., 1330
                                             which submission of a patent                            conduct or sponsor, and a person is not               West Peachtree St., Atlanta, GA 30309,
                                             declaration would be required. We                       required to respond to, a collection of               404–964–7545, FAX: 404–965–7807,
                                             estimate there will be 241 instances                    information unless it displays a                      email: aniskar@arthritis.org; or Becky
                                             (based on an average of 114 NDAs filed                  currently valid OMB control number.                   Bosworth, Arthritis Foundation, Inc.,
                                             and 127 NDA supplements filed per                       OMB has now approved the information                  1330 West Peachtree St., Atlanta, GA
                                             year) where an NDA holder would be                      collection and has assigned OMB                       30309, 404–965–7673, email:
                                             affected by the patent declaration                      control number 0910–0719. The                         bbosworth@arthritis.org.
                                             requirements. We estimate, based on a                   approval expires on December 31, 2018.                SUPPLEMENTARY INFORMATION:
                                             proportional increase from the number                   A copy of the supporting statement for
                                             of declarations for approved NDAs, that                                                                       I. Background
                                                                                                     this information collection is available
                                             there will be an annual total of 819                    on the Internet at http://                               The osteoarthritis (OA) community of
wgreen on DSK2VPTVN1PROD with NOTICES




                                             declarations (241 instances × 3.4                       www.reginfo.gov/public/do/PRAMain.                    clinicians, physicians and scientists
                                             declarations per instance = 819                                                                               have been challenged to get new
                                             declarations) on Form FDA 3542a                           Dated: January 27, 2016.                            treatments to market so that people with
                                             submitted with these applications.                      Leslie Kux,                                           OA can benefit at the point of care. The
                                             Based upon information provided by                      Associate Commissioner for Policy.                    Arthritis Foundation and FDA are
                                             regulated entities and other information,               [FR Doc. 2016–01783 Filed 2–1–16; 8:45 am]            convening experts to discuss alternative
                                             we previously estimated that the                        BILLING CODE 4164–01–P                                approaches to clinical trials in OA.


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Document Created: 2016-02-02 00:32:20
Document Modified: 2016-02-02 00:32:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by April 4, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation81 FR 5465 

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