Interpreting Sameness of Gene Therapy Products Under the Orphan Drug Regulations

31 Jul.,2025

This guidance provides FDA’s current thinking on determining sameness of human gene therapy  products under FDA’s orphan drug regulations for the purpose of orphan-drug designation and orphan-drug exclusivity.

 

This guidance provides FDA’s current thinking on determining sameness of human gene therapy  products under FDA’s orphan drug regulations for the purpose of orphan-drug designation and orphan-drug exclusivity.  This guidance is intended to assist stakeholders, including industry and academic sponsors who seek orphan-drug designation and orphan-drug exclusivity, in the development of gene therapies for rare diseases.  This guidance focuses specifically on factors that FDA generally intends to consider when determining sameness for gene therapy products and does not address sameness determinations for other types of products.  This guidance finalizes the draft guidance of the same title dated January 2020.

 

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way, unless specifically incorporated into a contract. This document is intended only to provide clarity to the public regarding existing requirements under the law. FDA guidance documents, including this guidance, should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited. The use of the word should in FDA guidances means that something is suggested or recommended, but not required.

 

Source: FDA

Docket Number:FDA-2019-D-5392

Issued by:Center for Biologics Evaluation and Research

Office of the Commissioner, Office of Clinical Policy and Programs, Office of Orphan Products Development

Download Link:https://www.fda.gov/media/134731/download