21 CFR 60.32
§ 60.32 Applicant response to petition.
United States · 21 CFR — Food and Drugs · Status: effective
Cite this
- Citation
- 21 CFR 60.32, § 60.32 Applicant response to petition, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/83559
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Full text
(a) The applicant shall file with FDA a written response to the petition no later than 30 days after the applicant's receipt of a copy of the petition.
(b) The applicant's response may present additional facts and circumstances to address the assertions in the petition, but shall be limited to the issue of whether the applicant acted with due diligence during the regulatory review period. The applicant's response may include documents that were not in the original patent extension application.
(c) If the applicant does not respond to the petition, FDA will decide the matter on the basis of the information submitted in the patent term restoration application, due diligence petition, and FDA records.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.