Orphan Drug Designation

We specialise in rare diseases and orphan drug designation, helping developers through the regulatory deliverables from proof of concept to marketing authorisation.

If you are developing a medicine for a rare disease, orphan drug designation can be critical to commercial success.

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Address Challenges

We can help you respond to questions often faced by orphan drug developers.

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Navigate Development

We have the scientific expertise and regulatory experience to help you navigate your development to medicine approval.

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Maximize Return on Investment

We will help you maximise product exclusivity and commercial return.

How to qualify for orphan drug designation

In order to qualify for orphan designation, your therapy must:

  • Be intended to diagnose, prevent or treat a disease that is life-threatening or chronically debilitating,
  • Be indicated for a condition with a prevalence in the European Union of no more than 5 in 10000,
  • Show that no satisfactory method of prevention, diagnosis or treatment of the indicated condition can be authorised, or if such a therapy exists, that your medicine must show significant benefit to people affected by the condition your medicine is indicated for.

An approved orphan designation doesn’t mean your medicine is approved, and at the time of a marketing authorisation application, you also need to apply for maintenance of the orphan designation  to be eligible for the ten-year market exclusivity incentive.

You are also required to identify any medicinal products designated as orphan drugs and protected by market exclusivity. If any orphan-designated medicine has been approved in the European Union and has market exclusivity protection, you are required to include an orphan similarity report in your MAA explaining the possible similarity between your medicinal product and the orphan medicinal products that have been granted approval.

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Download our free guide

This guide explains when to submit the orphan application and how to plan for the maintenance report submission at the time of the MAA.

Subscribe to our Monthly Regulatory Intelligence Scan

Our monthly newsletter gives you the latest European and UK regulatory intelligence. We bring you new and interesting approvals; fast-to-market applications, orphan designations; paediatric applications and therapy area-specific news.

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Key takeaways for orphan designation

The overall orphan registration and maintenance strategy, in addition to recommendations for protocol assistance, to gauge acceptance of the proposed strategy.

  • This is key to ensuring that you maximise product exclusivity and commercial return.
  • It is not always appreciated that orphan maintenance at MAA submission is a higher and more important hurdle than getting the designation.
  • The strategy for demonstrating significant benefit against the standard of care can be complex and should be evaluated during protocol assistance with the Committee for Orphan Medicinal Products.

A comprehensive orphan maintenance strategy is pivotal to retaining orphan designation, and it is often advisable to take scientific advice on this aspect of the development strategy.

How Somerville Development Partners can help you

Gaining approval for orphan medicines targeting rare diseases takes a specialist understanding of the therapeutic and regulatory landscapes of rare diseases. Oftentimes, a sponsor developing an orphan medicine will face specific challenges such as a small patient sample, a lack of a comparator arm and dependence on natural history comparators. All of which will elicit specific questions and require specific justifications to regulatory authorities during development.

You need a regulatory affairs agency that has the scientific expertise and regulatory experience to help you navigate your development to medicine approval.

Somerville Development Partners specialises in rare diseases and orphan designation, helping developers through the regulatory deliverables from proof of concept to marketing authorisation.

You may be interested in reading

How will the revised pharmaceutical legislation change orphan-designated medicines for rare diseases

How will the revised pharmaceutical legislation change orphan-designated medicines for rare diseases? 

In this blog, we explore the current EU orphan designation framework, examine the proposed legislative changes, and discuss the potential impact on medicine developers pursuing orphan medicinal product designation and approval in Europe.

Comparing EU, UK and US Regulatory Approached to Orphan Drugs

Comparing EU, UK and US Regulatory Approaches to Orphan Drugs

EMA, MHRA, and FDA: A Comparative Guide to Orphan Drug Regulations and how they affect medicine developers.

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The EMA’s new fees: What does the new fee regulation mean for medicine developers?

The fees payable to the EMA will follow the current legal framework until December 31st, 2024. Then, as of January 1st, 2025, the new fee regulation (EU 2024/568) will be implemented. 

Subscribe to our Monthly Regulatory Intelligence Scan

Our monthly newsletter gives you the latest European and UK regulatory intelligence. We bring you new and interesting approvals; fast-to-market applications, orphan designations; paediatric applications and therapy area-specific news.

Newsletter Optin

You can unsubscribe at any time from the link in the newsletter footer. Read our Privacy Policy here.

FAQs

Does orphan designation mean a medicine with be approved quickly?

No. The European Medicines Agency (EMA) offers incentives for orphan designation, including specialised scientific advice (protocol assistance), expanded market exclusivity and fee reductions for orphan designated medicines, but this does not equate to an expedited review to approval.

What are the fee incentives for orphan designated medicinal products?

75% fee reduction for protocol assistance (scientific advice specific to orphan-designated medicinal products)

10% fee reduction for initial marketing authorisation applications

100% fee reduction for pre-authorisation inspections

100% fee reduction for protocol assistance for small and medium-sized enterprises (SMEs)

100% fee reduction for initial marketing authorisation applications for SMEs

100% fee reduction for the post-authorisation activities for SMEs

In the US, a 25% tax credit is awarded to qualified clinical trial costs for orphan drugs

What is the market exclusivity for orphan-designated medicinal products?

The EU/EEA and UK grant a longer exclusivity (10 years) than the US (7 years). In the EU/UK, this can be extended to 12 years for paediatric development compliance, whereas in the US, a separate 6-month paediatric extension is available (but that extends other exclusivities, not the orphan exclusivity itself).

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We have supported 30+ orphan applications