The biotechnology industry wants the US Food and Drug Administration to clarify how it will apply the concept of “sameness” for orphan product exclusivity purposes to cell and gene therapies.
The FDA’s response: We’re working on it.
Industry seeks clarity as to when a subsequent product will be judged the ‘same’ as a previously approved product that holds seven years of blocking exclusivity. CBER Director Marks says agency is working to put its views in writing soon but notes the US and EU may be headed in different directions on the issue.

The biotechnology industry wants the US Food and Drug Administration to clarify how it will apply the concept of “sameness” for orphan product exclusivity purposes to cell and gene therapies.
The FDA’s response: We’re working on it.
In what could amount to a de facto enforcement mechanism, the new draft guidance also “strongly encourages” sponsors to share details about their diversity action plan and enrollment goals with the public.
Long-term follow-up requirements have taken a conservative approach but could be ripe for re-examination and global harmonization given the years of experience with the products, Kite Pharma executive director says; former FDA gene/cell therapy office head Wilson Bryan calls for elimination of the classwide REMS.
Program for collaborative reviews of gene therapy applications is getting under way with the European Medicines Agency. After launch, the pilot could be expanded to earlier discussions around CMC and pharm/tox data requirements, FDA’s Nicole Verdun said.