21 CFR 60.26 : Food And Drugs (§ 1.1 To Parts 1403-1499) — (§ 1.1 To § 99.501) — Food And Drug Administration, Department Of Health And Human Services (§ 1.1 To § 99.501) — General (§ 1.1 To § 99.501) — Patent Term Restoration (§ 60.1 To § 60.46) — Regulatory Review Period Determinations (§ 60.20 To § 60.28) — Final action on regulatory review period determinations.

(a) FDA will consider a regulatory review period determination to be final upon expiration of the 180-day period for filing a due diligence petition under § 60.30 unless FDA receives:

(1) New information from PTO records, FDA records, or FDA centers that affects the regulatory review period determination;

(2) A request under § 60.24 for revision of the regulatory review period determination;

(3) A due diligence petition filed under § 60.30; or

(4) A request for a hearing filed under § 60.40.

(b) FDA will notify PTO that the regulatory review period determination is final upon:

(1) The expiration of the 180-day period for filing a due diligence petition; or

(2) If FDA has received a request for a revision, a due diligence petition, or a request for a hearing, upon resolution of the request for a revision, the petition, or the hearing, whichever is later. FDA will send a copy of the notification to the applicant and file a copy of the notification in the docket established for the application in FDA's Division of Dockets Management (HFA-305), 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.