Application of 30-Month Stays on Approval of Abbreviated New Drug Applications and Certain New Drug Applications Containing a Certification That a Patent Claiming the Drug Is Invalid or Will Not Be Infringed; Technical Amendment
fda-drug · Food and Drug Administration · Rule · Published 2004-03-10 · Effective 2004-03-10 · 69 FR 11309
Document
Document number
04-5407
Federal Register citation
69 FR 11309
CFR reference
21 CFR 314
Type
Rule
Action
Final rule, technical amendment.
Category
fda-drug
Sub-agency
Food and Drug Administration
Publication date
2004-03-10
Effective date
2004-03-10
HHS docket
Docket No. 2003N-0417
Abstract
The Food and Drug Administration (FDA) is revoking certain sections of its regulation concerning 30-month stays of approval of abbreviated new drug applications (ANDAs) and certain new drug applications (NDAs) that contain a certification that a patent claiming the drug is invalid or will not be infringed. This action is taken in response to the passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 signed December 8, 2003. Title XI, Access to Affordable Pharmaceuticals, contains provisions that supersede sections of the regulation. This action will result in the revocation of 21 CFR 314.52(a)(3) and 21 CFR 314.95(a)(3).