Saturday 19 May 2012

regs

Getting Started with a New Medical Device

This question often pops-up in a first meeting with clients who have invented a new medical device: do I have to wait for FDA approval before I sell my device?

Absolutely! No medical device can be marketed and sold in the US without gaining pre-market approval from the FDA. Here is brief overview of the process:

  • Register you facility (a broad range of persons/entities need to register with the FDA not just the manufacturer);
  • Evaluate and classify your device (what CFR defines it? Is it Type I, II, or II? etc.);
  • Identify a predicate device (is there a similar device already sold? Is your device substantially equivalent?);
  • Work through the FDA’s recommend approval process for your device;
  • Evaluate whether it’s prescription or over-the-counter (this may include a request in a 510(k) for the device to be OTC); and
  • Submit your 510(k) (abbreviated 510(k) or other submission) and work with the FDA’s reviewer.
It will take about 90-120days for the FDA to issue a letter providing approval to market and sell your device.
The process involves a great deal of detail and it’s best to work with counsel in completing an application. Errors in the process can lead to costly delays (AI or additional information letters) and may lead to rejection of the application all together.
It’s also important to ensure quality system regulations that comply with the code of federal regulations is put into place once the device is sold. There are important issues to address in QSRs – labeling, medical device reports etc.

Leave a comment

Send comment »

Powered by WordPress. Genius Design by MCS.