Health

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

🇺🇸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 EMRELIS (telisotuzumab vedotin), used to treat certain adults with advanced non-squamous non-small cell lung cancer showing high c-Met protein overexpression. The total regulatory review period is 5,027 days, consisting of a 4,797-day testing phase that began on August 11, 2011, and a 230-day approval phase from BLA submission on September 27, 2024, to approval on May 14, 2025. This determination sets the maximum possible patent term extension for two AbbVie patents. The applicant is seeking 727 days of extension. Comments challenging the dates must be submitted by June 2, 2026, and petitions regarding due diligence by September 30, 2026.

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

Key Changes

  • Total regulatory review period determined as 5,027 days
  • Testing phase: 4,797 days starting August 11, 2011
  • Approval phase: 230 days from September 27, 2024 to May 14, 2025

+ 3 more changes with Pro

Obligations

What this law requires

medium

Submit comments challenging the accuracy of published regulatory review period dates by June 2, 2026, 11:59 p.m. Eastern Time via https://www.regulations.gov or written submission to FDA Dockets Management Staff

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

Include Docket Numbers FDA-2025-E-3073 and FDA-2025-E-3074 in all submissions regarding the EMRELIS patent extension determination

All parties submitting comments or petitions to FDA regarding EMRELIS
operational
medium

Submit petitions regarding whether the applicant for patent extension acted with due diligence during the regulatory review period by September 30, 2026

Any interested person
reporting
high

Mark and identify confidential information with a heading 'THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION' when submitting written/paper comments containing confidential data

All parties submitting confidential information to FDA
disclosure
high

Submit two copies of comments containing confidential information—one with confidential information included and one with it redacted—to Dockets Management Staff

All parties submitting confidential information in written/paper format
operational

Affected Parties

AbbVie Manufacturing Management Unlimited CompanyPatent holders seeking term restoration+3 more…

Tags

patent extension,FDA,biologic drug