2026-02968Notice

ALYFTREK's Patent Shield Extended: FDA Calls for Challenges

Published Date: 2/13/2026

Notice

Summary

The FDA has set the official review period for ALYFTREK, a new drug, so its patent holder can apply for extra patent time. This helps the company protect their invention longer, potentially delaying generic competition and affecting drug prices. If anyone thinks the dates are wrong or wants to challenge the company’s review speed, they have until April or August 2026 to speak up.

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Drug patent review period set

The FDA found that ALYFTREK had a regulatory review period of 5,335 days (5,102 days testing phase and 233 days approval phase). The testing phase began May 15, 2010; the new drug application was submitted May 2, 2024; and FDA approved the application on December 20, 2024. The applicant is seeking 1,826 days of patent term extension, and FDA’s determination establishes the maximum potential length of a patent extension.

Public comment and petition windows

Anyone who thinks the published dates are wrong can submit comments requesting a redetermination by April 14, 2026. Any interested person may petition FDA about whether the applicant acted with due diligence during the regulatory review period by August 12, 2026. Instructions for electronic and written submissions are provided in the notice.

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Key Dates

Published Date
Comments Due
2/13/2026
4/14/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
Food and Drug Administration
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