In 1984, the US Congress passed the Hatch-Waxman Act, or the Drug Price Competition and Patent Term Restoration Act, that created a regulatory review pathway for generic drugs. Since then, the US FDA can use safety and therapeutic efficacy data previously reviewed and approved pharmaceutical product (original brand-name product or brand-name drugs) to approve a generic drug with bioequivalence to the originally developed brand-name drug.
When an applicant submits an abbreviated new drug application (ANDA), a reference drug patent listed in the Orange Book shall be taken as verification and describe a class of the patent of a product within the application. The following diagram illustrates certification for reference drug patents listed in the Orange Book when generic drug applicants submit an abbreviated new drug application (ANDA) to the FDA.