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Bioequivalence meaning

What does Bioequivalence mean?
Bioequivalence describes, in medicines regulation and related legal work, when two products containing the same active substance behave the same in the body so a generic (or other abridged application) can rely on the reference medicine’s safety and efficacy data for marketing authorisation. Products are considered bioequivalent where they are pharmaceutically equivalent or pharmaceutical alternatives and, after administration of the same molar dose, the rate and extent of absorption (bioavailability) lie within predefined acceptance limits. This is usually shown in comparative pharmacokinetic studies (for example, AUC and Cmax), with confidence intervals typically falling within about 80–125%, subject to product‑specific guidance. The concept is embedded in EU and UK medicines licensing frameworks (Directive 2001/83/EC and the Human Medicines Regulations 2012), with detailed criteria set out in EMA and MHRA guidelines rather than primary legislation. It is a key issue in generic medicines approval, regulatory due diligence, licensing and supply contracts, and in disputes concerning generic entry, data/market exclusivity and supplementary protection certificates. Usage and standards are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland; the MHRA and EMA apply substantively equivalent approaches to assessing bioequivalence.
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NEWS
UK and EU life sciences law roundup: IP plausibility, contract evidence, CMA pricing fines, AI/data in regulation, ATMP GMP, access reforms, MHRA bioequivalence—15 May 2025

In this issue: Intellectual property Post-market Competition in life sciences Commercialisation Data protection and life sciences Advanced therapeutics Pharmaceuticals—regulatory framework Research and development Daily and weekly news alerts New and updated content Trackers Useful information Intellectual property Patenting AI innovations in healthcare—navigating European patent law Jack Severs (partner) and Joe Spencer (associate) of Gill Jennings & Every LLP explore what is considered patent-eligible in European AI healthcare. See News Analysis: Patenting AI innovations in healthcare—navigating European patent law. Dapagliflozin—UK court reaffirms plausibility standard despite G 2/21 In Generics (UK) Ltd v AstraZeneca AB, the High Court of England and Wales delivered a thorough restatement of the UK tests for inventive step and sufficiency, anchored in the idea of ‘plausibility’. Ian Jones, partner at Gill Jennings & Every LLP, assesses the ruling. The judgment in Generics (UK) Ltd v AstraZeneca AB [2025] EWHC 1012 (Pat) underscores the UK’s growing departure...

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View the related Practice Notes about Bioequivalence

PRACTICE NOTES
UK and EU Life Sciences Regulatory Glossary (A–B) for Lawyers: Medicines, Medical Devices, ATMPs, Biosimilars and AI

C–D | E–H | I–N | O–P | Q–V. Accelerated assessment Many countries provide a regulatory route that speeds up the appraisal of certain medicinal products, helping them reach patients sooner. In the EU, this accelerated assessment significantly shortens the period for the European Medicines Agency’s (EMA) Committee for Medicinal Products for Human Use (CHMP) to examine a marketing authorisation (MA) application from 210 to 150 evaluation days overall. An application can be considered for this pathway where the CHMP judges the product to be of major relevance for public health and therapeutic innovation. See Practice Note: Marketing authorisations in the EU—regulatory procedures for approval of medicinal products—EU centralised authorisation procedure. In the UK, the Medicines and Healthcare products Regulatory Agency (MHRA) provides a 150-day review for all high‑quality new MA applications to hasten equitable access to new medicines for UK patients. The MHRA assesses applications for a UK, Great Britain (England, Wales and Scotland) or Northern Ireland MA and delivers its considered view on whether to grant...

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