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US FDA sets up board to oversee drug exclusivity determinations

By Thomson Reuters Oct 16, 2026 | 10:18 AM

Oct 16 (Reuters) – The US FDA’s drug evaluation department said on Friday it has formed a board to oversee and ​advise on exclusivity determinations made by ‌the department, aiming to improve clarity and consistency of those decisions.

Here are more details:

• FDA-granted exclusivity rewards innovation by giving newly approved drugs a period of ‌market ​protection, before lower-cost generic ⁠competitors enter the market

• ⁠The CDER (Center for Drug Evaluation and Research) exclusivity board will oversee certain exclusivity determinations, including whether and what type of exclusivity should ​be granted and the appropriate scope of grants, the agency said on Friday

• ⁠The board will focus on ⁠5-year new chemical entity exclusivity ​that is granted to a drug whose active ​ingredient has never before been approved by ‌the FDA

• It will also oversee 3-year new clinical trial exclusivity grants that are meant for drugs that use a previously approved ⁠active ingredient, but their approval relies on new clinical studies conducted or funded by the sponsor

• It ⁠will advise ‌on exclusivity for biological products too

• ⁠The board will not review other ​types ‌of exclusivity apart from the ​three, it ⁠said

• The board also may evaluate and make recommendations regarding CDER’s policies and practices relating to exclusivity and maintain records of exclusivity determinations

(Reporting by Sneha S K in Bengaluru; Editing by ​Shinjini Ganguli)