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What is Orphan Drug Designation?

Updated: Jun 16, 2023

Knowing the rules governing Orphan Drug Designation by the U.S. Food and Drug Administration (FDA) is crucial for biopharma and biotech companies that are commercializing new drugs in their pipeline. Orphan Drug Designation is granted to drugs intended to treat rare diseases or conditions, defined as those affecting fewer than 200,000 people in the United States. Here's an overview of why understanding the rules surrounding Orphan Drug Designation is important:

  1. Qualification Requirements: Familiarity with the qualification requirements for Orphan Drug Designation helps companies determine if their drug candidate is eligible. These requirements include demonstrating that the drug treats a rare disease, providing a scientific rationale for its potential benefit, and showing that the drug's development and commercialization plans are viable.

  2. Regulatory Advantages: Orphan Drug Designation confers several regulatory advantages. These include extended market exclusivity, reduced fees for FDA services, and access to expedited review and approval processes. Understanding these benefits enables companies to strategically position their drug candidates and capitalize on the opportunities provided by the designation.

  3. Market Opportunities: Rare diseases often lack effective treatments, and patients with these conditions have limited therapeutic options. Orphan Drug Designation can enhance a drug's market potential by facilitating market access, increasing visibility, and attracting investment. Biopharma and biotech companies need to be aware of the market opportunities associated with Orphan Drug Designation to make informed decisions regarding drug development and commercialization.

  4. Financial Incentives: Orphan Drug Designation offers monetary benefits to incentivize the development of drugs for rare diseases. These include tax credits for qualified clinical testing expenses, exemption from the FDA's prescription drug user fee, and potential eligibility for grants and research funding. Understanding the financial incentives associated with the designation is crucial for optimizing resource allocation and securing funding for drug development programs.

  5. Strategic Planning: Knowledge of the rules governing Orphan Drug Designation enables companies to strategically plan their drug development programs. By considering the potential benefits and regulatory pathways, companies can tailor their development strategies, optimize resource allocation, and prioritize rare disease indications that align with their capabilities and commercial goals.

In summary, understanding the rules governing Orphan Drug Designation by the FDA is essential for biopharma and biotech companies commercializing new drugs in their pipeline. It helps them determine eligibility, leverage regulatory advantages, capitalize on market opportunities, access financial incentives, and strategically plan their drug development programs. By navigating the Orphan Drug Designation process effectively, companies can enhance the prospects of successfully bringing their innovative therapies to patients with rare diseases.


Not only do drug developers get the satisfaction of knowing they're helping people in need, but they also receive a range of perks, including tax credits, fee waivers, and market exclusivity for a limited time. But the road to orphan drug designation is no easy feat. To qualify, the disease or condition being treated must affect fewer than 200,000 people in the US. However, for drug developers willing to take on the challenge, the potential rewards are truly life-changing. In short, orphan drug designation is the ultimate recognition for drugs that want to make a positive impact on rare diseases. It's a badge of honor for drug developers and a glimmer of hope for patients and their families.




[APPENDIX]


RULES FOR ORPHAN DRUGS

Orphan drug/rare disease designation requirements


a) affects fewer than 200,000 persons in the United States or (b) for which there is no reasonable expectation that the cost of developing a drug and making it available in the U.S. will be recovered from sales in the country. Sponsors rarely use the second criterion due to the difficulty of proving unprofitability.

  • Population must be < 200,000 people affected in the US

  • May use an “orphan subset” of a common disease

  • Must have sufficient scientific rationale and model

  • May repurpose drug and apply multiple designations

  • If lacking data, may use Key Opinion Leaders

Orphan drug designation benefits


1. Grant funding for academic research

a. Up to $200k for phase 1 per year for up to 3 years

b. Up to $400k for phase 2/3 per year for up to 4 years


2. 7 - year market exclusivity

a. FDA can’t approve any other drug for same indication (unmet medical needs)


3. ‘Fast Track’ accelerated review/feedback (priority review)

a. FDA guidance helping to streamline the long process


4. Waiver of PDUFA fees (value >$2M in 2017)

a. FDA drug approval dates = prescription drug user fee act (PDUFA)

b. Prior to the 1992 PDUFA law, the drug manufacturers, the FDA and the public were all in agreement that the drug approval process was taking too long.  At the time, the typical approval process was about 30 months



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