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1
Introduction to Generic Drug Product
Development
Leon Shargel
Biopharmaceutics, Eon Labs, Inc.,Wilson, North Carolina, and
University of Maryland, Baltimore, Maryland, U.S.A.
Izzy Kanfer
Faculty of Pharmacy, Rhodes University, Grahamstown, South Africa
FIGURE 1 U.S. generic share of prescription units (%). Source: MS Health, Bank of
American Securities LLC Estimates (4).
Introduction
Introduction
for up to an additional 5 years to make up for time lost while their products
were going through FDAs approval process.
The Drug Price Competition and Patent Term Restoration Act was
subsequently amended to make provision for a pharmaceutical manufacturer (sponsor) to seek approval from the FDA to market a generic drug
before the expiration of a patent relating to the brand name drug upon which
the generic is based. This amendment, known as the Bolar amendment,
allowed the ANDA approval process to begin before the patent on the brand
name drug expired. As part of the ANDA, submission the sponsor must
consider the pertinent patents and provide a certication that, in the opinion
of the sponsor and to the best of the sponsors knowledge with respect to each
patent that claims the listed drug, the patent is invalid or is not infringed by
the generic product (6,7).
The current FDA Federal Food, Drug, and Cosmetic Act, with its
subsequent amendments, is the basic food and drug law of the USA
(http:==www.fda.gov=opacom=laws=fdcact=fdctoc.htm) and is intended to
assure consumers that foods are pure and wholesome, safe to eat, and
produced under sanitary conditions; that drugs and devices are safe and
eective for their intended uses; that cosmetics are safe and made from
appropriate ingredients; and that all labeling and packaging is truthful,
informative, and not deceptive. The mission of the FDA is to enforce laws
enacted by the U.S. Congress and regulations established by the Agency to
protect the consumers health, safety, and pocketbook.
The Federal Register publishes a daily record of proposed rules, nal
rules, meeting notices, etc. (http:==www.access.gpo.gov=). The nal
regulations are collected in the Code of Federal Regulations, CFR
(http:==www.access.gpo.gov=). The CFR is divided into 50 titles representing broad areas subject to Federal regulations. The FDAs portion of the
CFR interprets the Federal Food, Drug, and Cosmetic Act and related
statutes. Section 21 of the CFR contains most of the regulations pertaining
to food and drugs. The regulations document most actions of all drug
sponsors that are required under Federal law.
Introduction
The reference listed drug (RLD) may be found in the most current copy of FDAs publication,
Approved Drug Products with Therapeutic Equivalence Evaluations(Orange Book).The Orange
Book is published on the internet at http:==www.fda.gov=cder=ob=default.htm
Introduction
The FDAs Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book) lists all approved products, both innovator and
generic (10). The Orange Book is available on the internet at
http:==www.fda.gov=cder=ob=default.htm and is updated monthly. Therapeutic equivalence or inequivalence for prescription products is determined on the basis of the therapeutic equivalence codes provided within
that specic dosage form (Table 3). The coding system for therapeutic
equivalence evaluations is constructed to allow users to determine
quickly whether the FDA has evaluated a particular approved product as
therapeutically equivalent to other pharmaceutically equivalent products
(rst letter) and to provide additional information on the basis of FDAs
evaluations (second letter).
4. PATENTS
New drugs, like most other new products, are developed under patent
protection. The patent protects the investment in the drugs development by
giving the company the sole right to sell the drug while the patent is in
eect. Patents are granted by the U.S. Patent and Trademark Oce anytime
in the life of the drug. A patent expires 20 years from the date of ling.
When patents or other periods of exclusivity expire, manufacturers can
apply to the FDA to sell generic versions.
The Orange Book provides patent and exclusivity information in an
Addendum. This Addendum identies drugs that qualify under the Drug
Price Competition and Patent Term Restoration Act (1984 Amendments)
for periods of exclusivity, during which ANDAs and applications described
in Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (the Act)
for those drug products may, in some instances, not be submitted or made
eective, and provides patent information concerning the listed drug products.Those drugs that have qualied for Orphan Drug Exclusivity pursuant
to Section 527 of the Act and those drugs that have qualied for Pediatric
Exclusivity pursuant to Section 505A are also included in this Addendum.
10
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Introduction
11
As part of the ANDA, the sponsor must consider the pertinent patents
and provide the results to the FDA. The Act requires patent information
to be led with all newly submitted Section 505 drug applications and
that no NDA may be approved after September 24, 1984, without the
submission of pertinent patent information to the FDA. The ANDA
sponsor must provide a certication that, in the opinion of the sponsor
and to the best of the sponsors knowledge with respect to each patent
that claims the listed drug, some or all of the following certication may
be submitted:
Paragraph I: that such patent information has not been led;
Paragraph II: that such patent has expired;
Paragraph III: of the date on which such patent will expire, or
Paragraph IV: that such patent is invalid or will not be infringed by the
manufacture, use, or sale of the new drug for which the
application is submitted.
A certication under Paragraph I or II permits the ANDA to be
approved immediately, if it is otherwise eligible. A certication under
Paragraph III indicates that the ANDA may be approved on the patent
expiration date.
If the Orange Book lists one or more unexpired patents, the sponsor of
the ANDAwho seeks eective approval prior to the patents expiration must
either:
Challenge the listing of the patent (e.g., le a Paragraph IV
Certication that the patent is invalid or will not be infringed by
the manufacture, use, or sale of the drug product).
File a statement that the application for use is not claimed in the
listed patent.
4.1.
Exclusivity
The generic applicant must notify the patent holder of the submission of
the ANDA. Since the patent holder can immediately sue the rst generic
sponsor company who submits an ANDA with a Paragraph IV statement,
a 180-day period of market exclusivity is provided to that generic applicant. This special dispensation is considered as a reward to the generic
manufacturer who took a risk in challenging the patent. If the patent holder
les an infringement suit against the generic applicant within 45 days of
the ANDA notication, FDA approval to market the generic drug is automatically postponed for 30 months, unless, before that time, the patent
expires or is judged to be invalid or not infringed. This 30-month
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Orphan drug
exclusivity
(ODE)
7 years
New chemical
entity (NCE)
Otherexclusivity
5 years
Pediatric
exclusivity
(PED)
3 years for a
significant
change
if criteria
are met
6 months added
to existing
patents or
exclusivity
Exclusivity criteria
Upon approval of designated
orphan drugOffice of Orphan
Products issues letter when
exclusivity grantedseparate
from other types of exclusivity
Upon first time approval of new
chemical entity
For certain significant changes
approved on an NDA or supplement
if new clinical studies essential for
approval, conducted or sponsored
by applicant, have been done
Changes may include (but are not
limited to): new ester=salt, new dosage
form, new route, new indication, new
strength, new dosing schedule
A period of 6 monthsexclusivity is
added to any existing exclusivity or
patents on all applications held by
the sponsor for that active moiety
pediatric exclusivity does not
stand alone
postponement gives the patent holder time to assert its patent rights in
court before a generic competitor is permitted to enter the market. Only
an application containing a Paragraph IV certication may be eligible for
exclusivity, and to earn the period of exclusivity, the ANDA applicant must
be sued by the patent holder and successfully defend the suit (see Chapter
14 for more details).
Under certain circumstances, the patent holder may obtain exclusivity
for a branded drug product that essentially extends the time on the market
without competition from the generic drug product. Exclusivity works
similar to patents and is granted by the FDA if statutory provisions are met.
Types of exclusivity are listed in Table 4.
5. RESOURCES FOR ANDA SUBMISSIONS
FDAs Center for Drug Evaluation and Research, CDER
(http:==www.fda.gov=cder=), and the Oce of Generic Drugs, OGD
Introduction
13
Guidance documents represent the Agencys current thinking on a particular subject (http:==www.fda.gov=cder=regulatory=default.htm). These
documents are prepared for FDA review sta and applicants=sponsors to
provide guidelines to the processing, content, and evaluation=approval of
applications and also to the design, production, manufacturing, and testing of regulated products. They also establish policies intended to achieve
consistency in the Agencys regulatory approach and establish inspection
and enforcement procedures. Because guidances are not regulations or
laws, they are not enforceable, either through administrative actions or
through the courts. An alternative approach may be used if such an
approach satises the requirements of the applicable statute, regulations,
or both. The FDA has numerous guidances for industry that relate to
ANDA content and format issues (11).
5.2.
14
5.4.
FDA provides additional resources regarding drug development on its website:http:==www.fda.gov=cder=ode4=preind=Gen Additional Resources.htm.
These resources are summarized in Table 5.
5.5.
The Drug Master File (DMF) is a submission to the FDA that may be used to
provide condential detailed information about facilities, processes, or articles used in the manufacturing, processing, packaging, and storing of one or
more human drug substances. The submission of a DMF is not required by
law or FDA regulation. Further information regarding DMFs is available in
the CDER Guidance Document on Drug Master Files or 21 CFR 314.420.
5.6.
Introduction
15
1600 premier chemical Reference Standards to carry out the tests specied
in USP ^ NF (14).
5.7.
The International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH) is
composed of the regulatory authorities of Europe, Japan, and the United
States and experts from the pharmaceutical industry in the three regions
to discuss scientic and technical aspects of product registration
(http:==www.ifpma.org=ich1.html).
The purpose of ICH is to make recommendations on ways to achieve
greater harmonisation in the interpretation and application of technical
guidelines and requirements for product registration in order to reduce or
obviate the need to duplicate the testing carried out during the research
and development of new medicines. The objective of such harmonisation
is a more economical use of human, animal, and material resources, and
the elimination of unnecessary delay in the global development and availability of new medicines whilst maintaining safeguards on quality, safety,
and ecacy, and regulatory obligations to protect public health (15).
6. SUMMARY
The market for generic drug products will increase rapidly in the next
decade due to the expiration of patents and exclusivities for major brand
name drug products and due to the demand by consumers and governments for less expensive generic alternatives. From a scientic perspective,
generic drug product manufacturers must formulate a drug product that
will have the same quality, therapeutic ecacy, safety, and performance
as its brand name counterpart. Formulation development of an innovator
drug product has minimal constraints with respect to choice of excipients,
manufacturing methods, and performance characteristics. In contrast,
generic drug manufacturers must demonstrate that their formulation is a
pharmaceutical equivalent, is bioequivalent, and has the same quality and
performance characteristics as the brand name counterpart. Moreover,
the generic drug manufacturer will continue to face a variety of legal,
regulatory, and patent challenges from the brand name pharmaceutical
industry that may delay the entry of the generic drug in the marketplace.
The availability of generic drug products will, nevertheless, continue
to play an important role, both nationally and internationally, by providing cost-eective medicines to the wider public, which will bring
great benets to consumers as well as to health authorities in nations
16
around the world in their quest to make medicines more available and
aordable.
REFERENCES
1. The European Agency for the Evaluation of Medicinal Products Note
for Guidance in the Investigation of Bioavailability and Bioequivalence
(CPMP=EWP=QWP=1401=98). December 14, 2000. (http:==www.emea=eu.
int=pdfs=human=ewp=140198en.pdf ).
2. United States Code of Federal Regulation (CFR) contains Food and Drug
Regulations, 2003. (http:==www.access.gpo.gov=). Bioavailability and Bioequivalence Requirements are in 21 CFR Part 320.
3. IMS Health Data.Wall Street Journal, February 21, 2003.
4. Maris DW,Vukhac K-L, Friedrich AM, Lohman DM.The Future of the Generic
Industry, Specialty Pharmaceutical Industry Overview. New York, NY: Bank
of America Securities, June 2003.
5. Kirking DM, Ascione FJ, Gaither CA, Welage LS. Economics and structure of
the generic pharmaceutical industry. J Am Pharm Assoc (Wash) 2001;
41(4):578^584.
6. Federal Food, Drug, and Cosmetic Act., 2003. http:==www.fda.gov=opacom=
laws=fdcact=fdctoc.htm.
7. Parker RE, Martinez DR, and Covington,TR. Drug product selectionpart 1:
history and legal overview. American Pharmacy; NS 31, 72^7, (1991).
8. History of the Food and Drug Administration. Center for Drug Evaluation and
Research., 2003. http:==www.fda.gov=cder=about=history=.
9. Ascione FJ, Kirking DM, Gaither CA, Welage LS. Historical overview of
generic medication policy. J Am Pharm Assoc (Wash) 2001; 41(4):567^577.
10. Approved Drug Products with Therapeutic Equivalence Evaluations, Orange
Book, 2003. http:==www.fda.gov=cder=ob=default.htm.
11. FDA guidance documents, 2003. www.fda.gov=cder=guidance=index.htm.
12. FDA Center for Drug Evaluation and Research (CDER). Manual of Policies and
Procedures, 2003. http:==www.fda.gov=cder=mapp.htm.
13. FDA Freedom of Information, 2003. (http:==www.fda.gov=foi=foia2.htm).
Freedom of Information may be contacted at Freedom of Information Sta,
5600 Fishers Lane, Room 12A-30, Rockville, MD 20857, USA, and at Dockets
Management Branch, 5630 Fishers Lane, Room 1061, Mail Stop HFA-305,
Rockville, MD 20852, USA.
14. United States PharmacopeiaNational Formulary (USP). United States
Pharmacopeia. Published annually, 2003. http:==www.usp.org.
15. International Conference on Harmonisation, 2003. http:==www.ifpma.org=
ich1.html.