Procedure: Pre-market Notification 510(k)
Country: United States
Version #: 01/12/2024
Author: Daria Kostiuchenko
Editor: Daria Kostiuchenko
ID: US-MD-PMN-SR
Category: Medical Devices
Validity: Change, withdrawn, or FDA update
Certified by: Vlad Reznikov
Copyright: Pattern of USA Inc.
SUMMARY
Every company who wants to sell a Class I, Class II, or even Class III device (may be applicable for novel devices with lower risk profiles) intended for human use in the US, and does not require a prior application for approval (PMA), must submit a 510(k) to the FDA, unless the device is exempt from the 510(k) requirement under the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Comprehensive 510(k) submission information about the device, its intended use, scientific and technical data, and a comparison to the predicate device. To ensure compliance, the 510(k) application should be filed at least 90 days before the device is offered for sale, regardless of whether it was still in development or undergoing clinical trials prior to that date.
In cases where there are changes or modifications made to a device that has already been legally sold, and these changes could significantly impact its safety or performance, the holder of the 510(k) must assess whether the modification will have a significant effect on the device’s safety or efficacy. Any changes should be made in accordance with the quality system regulation, 21 CFR 820, and should be documented in the device master record and change control records.

Must-Have Requirements, Recognized Standards, and Certifications:
- Technical documentation, i.e. MDR/IVDR
- Risk assessments
- Substantial Equivalence predicate device
Nice-to-have:
- Labeling
- Regulatory Compliance and Gap Analysis see GP-PhR-GAP-SR card
- Regulatory Intelligence and Strategic Consulting see GP-PhR-RI-SR card
- Q-Sub Activities see GP-MD-QSA-SR card
Typical Gaps and Deficiencies: Understand the regulatory pathway and requirements applicable to the device. Incorrect predicate device selection. Inadequate documentation. Rush in submitting the 510(k) without being prepared
Implementation Period: within 90 days
Deliverables: FDA clearance letter ref. Pre-market Notification 510(k) (PMN), FDA listing
PHASE | TASK | TASK | START | DURATION | Fee | KPI | ||
NUMBER | TITLE | OWNER | W/M/Q/Y | in weeks | 3rd Party | Service | State | |
0 | In-house Pre-Submission Activity | |||||||
0.1 | NDA signing or validation | Executor | week 1 | 1 | ||||
0.2 | Contract Closing | MAH | week 1 | 1 | ||||
0.3 | SOW is approved by MAH | MAH | week 1 | 1 | SOW | |||
0.4 | POA issuance and shipping | MAH | week 2 | 1 | ||||
0.5 | Invoice is sent to MAH and paid | Executor | week 3 | 1 | POP | |||
I | Review | |||||||
I.1 | Predicate device equivalence, admin. & info set review | Executor | week 4 | 1 | ||||
I.2 | PMA and 510(k) exemption review | Executor | week 5 | 1 | ||||
I.3 | Technical Documentation review vs. FDA requirements | Executor | week 6 | 2 | ||||
I.4 | Defining 3P510k or FDA 510(k) pathway | Executor | week 8 | 1 | Report | |||
II | Studies | |||||||
II.1 | Сonducting technical, toxicology, electrical, and software tests, as well clinical and suitability studies, if advised | Executor | week 9 | 4 | Reports | |||
III | Application and Evaluation | |||||||
III.1 | 510(k) Application prep | Executor | week 13 | 2 | ||||
III.2 | FDA payment | MAH | week 15 | 1 | ||||
III.3 | Submission of 510(k) Application | Executor | week 16 | 1 | ||||
III.4 | Approval (Skip Ph.III) or Query (GoTo Ph.III) | NRA | week 17 | 8 | Approval or Q&A | |||
IV | Q&A | |||||||
IV.1 | Analysis and addressing Qs to MAH | Executor | week 25 | 1 | ||||
IV.2 | Answering with relevant documents | MAH | week 26 | 1 | ||||
IV.3 | Official Response Evaluation | NRA | week 27 | 4 | ||||
IV.4 | Approval (GoTo Ph.IV) or Query (Rpt. Ph.III) | NRA | week 31 | 1 | Approval or Q&A | |||
V | Approval | |||||||
V.1 | FDA Letter | NRA | week 32 | 1 | Approval | |||
V.2 | FDA Conclusion publication | NRA | week 33 | 1 | Publication | |||
V.3 | FDA Listing | Executor | week 34 | 1 | Listing | |||
V.4 | Reporting to MAH | Executor | week 34 | 1 | Report | |||
F | Final Phase In-house Post-Authorization Activity | |||||||
F.1 | Service Acceptance Certificate signing | MAH | week 35 | 1 | ||||
F.2 | Final Invoice | Executor | week 35 | 1 | ||||
F.3 | Final Payment | MAH | week 35 | 1 | ||||
F.4 | Contract Termination | Executor | week 36 | 1 | ||||
F.5 | Archiving and limiting access | Executor | week 37 | 1 | Archiving |
Feel free to submit a Request for Proposal (RFP) for a specific country or territory to info@patternofusa.com