Clinical Submission Approval Under FDA Section 505(b)(1)

A clinical submission filed under FDA Section 505(b)(1)the time of approval of an NDA, FDA grants a period
is an NDA is required to demonstrate clinicallyand right of exclusivity to the submitter for the
meaningful treatment benefits and statisticallynewly approved drug. The approved drug and
significant safety and efficacy objectives andpatent(s) are protected for up to 20 years from the
endpoints. In addition, clinical submissions filed underdate of the first filing of the patent application.
FDA Section 505(b)(1) are a new chemical entitiesUnder the Hatch-Waxman Act, a new drug
with a new indications. The new investigational drugapplication and clinical submission process will fall into
will be administered to the patient in a newone of two categories depending on drug profile and
formulation, with a new dosage form, new dosebackground. The two categories are NDAs and
strength and is patented. The pharmaceuticalANDAs (Abbreviated) New Drug Applications. Under
company and/or manufacturer seeks marketFDA Section 505(b), a new drug application and clinical
exclusivity for the NDA. Approval of the NDA undersubmission is further divided into Sections 505(b)(1)
Section 505(b)(1), is granted by FDA only after anand 505(b)(2). An ANDA is further delineated with
extensive Phase 1, 2, 3 clinical development program.respect to Bioequivalence requirements and is
When all 3 clinical phases are complete, thesubmitted as a 505(j) application and clinical
pharmaceutical company and/or manufacturer,submission. The 505(j) drug moiety is not a new
submits an NDA including all results from all studies,chemical. Pharmaceutical companies and/or
nonclinical, preclinical, CMC, clinical, bioanalytical,manufacturers filing under Section 505(j) must follow
pharmacologic and pharmacokinetic to FDA. The NDAthe "generic" approval process for drug application
is filed, reviewed for filing completeness and thenand clinical submission.
sent to the appropriate division at FDA for review.NDAs and ANDAs require QC and QA to ensure
The regulatory "clock" begins for the file.fileability, quality content, accurate, consistent data
An NDA is the culmination of 10-15 years ofand documentation and a successful clinical and
discovery, R&D, clinical development and by the timeregulatory approvability outcome with FDA and
an NDA is approved by FDA, the pharmaceuticalotherwise. NDAs and ANDAs are submitted in a CTD
company and/or manufacturer, has invested(Common Technical Document) presentation and
numerous years and many millions for the approval.format. CTD content, completeness and format must
Post-marketing, post-approval is the next step andbe quality-controlled and quality-assured to ensure
requires a 12 - 36 month commitment to monitor andregulatory compliance and reviewer friendly dossier
assess new drug attributes such as risk, benefit,navigation.
safety, effectiveness, SAE reports and otherwise. At