Health

Determination of Regulatory Review Period for Purposes of Patent Extension; ZIIHERA

🇺🇸United States··Notice·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The FDA has calculated the regulatory review period for the biologic drug ZIIHERA (zanidatamab-hrii) as 3,038 days total. This consists of a 2,801-day testing phase that began on July 29, 2016 when the IND became effective, and a 237-day approval phase from the BLA submission on March 29, 2024 until approval on November 20, 2024. ZIIHERA is approved under accelerated approval for previously treated, unresectable or metastatic HER2-positive (IHC 3+) biliary tract cancer. This determination sets the maximum possible patent term extension for U.S. Patent No. 10,000,576. The applicant is seeking 1,346 days of extension. Comments challenging the dates must be submitted by June 2, 2026, and due-diligence petitions by September 30, 2026.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • FDA determined total regulatory review period for ZIIHERA as 3,038 days
  • Testing phase: 2,801 days from July 29, 2016 (IND effective date)
  • Approval phase: 237 days from March 29, 2024 (BLA submission) to November 20, 2024 (approval date)

+ 3 more changes with Pro

Obligations

What this law requires

medium

Submit comments challenging the accuracy of regulatory review period dates (testing phase start date of July 29, 2016, approval phase dates of March 29, 2024 to November 20, 2024, or total 3,038 days) to FDA by June 2, 2026

Any person with knowledge of incorrect dates in the ZIIHERA regulatory review period determination
reporting
high

Include FDA Docket No. FDA-2025-E-0372 in all submissions regarding the ZIIHERA patent extension determination

All persons submitting comments or petitions to FDA on this matter
operational
high

Submit electronic comments through https://www.regulations.gov by 11:59 p.m. Eastern Time on June 2, 2026, or submit written/paper comments to FDA Dockets Management Staff by that same date to be considered timely

Any person challenging the regulatory review period dates
reporting
medium

Petition FDA by September 30, 2026 to determine whether the applicant for patent extension acted with due diligence during the regulatory review period

Any interested person
reporting
high

Ensure that comments submitted electronically do not contain confidential information such as medical information, Social Security numbers, or confidential business information, as such comments will be made publicly available

All persons submitting electronic comments to https://www.regulations.gov
disclosure

Affected Parties

Zymeworks BC Inc.Holders of U.S. Patent No. 10,000,576+3 more…

Tags

patent extension,FDA,biologic drug