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Giuliana Miglierini

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Proposed simplification of the MDR and IVDR regulations

Among the measures announced by the EU Commission for the health sector at the end of 2025 is the simplification of the Medical Devices (MDR) and In Vitro Diagnostics (IVDR) regulations. The updated provisions aim to enhance the legal certainty, predictability and cost-efficiency of certification by reducing timelines, adjusting classification rules and utilising real-world data to collect clinical evidences. These planned simplifications will particularly benefit SMEs, which represent 90% of medical device manufacturers in the EU.

Electronic instructions for use shall be available to healthcare professionals. The revision will also include more proportionate and targeted conformity assessment requirements, particularly for low- and medium-risk class devices and orphan devices. Procedures concerning AI-based medical devices will also be streamlined to avoid duplication and facilitate single procedures. The European Medicines Agency and expert panels will play a more active role in providing EU-level scientific expertise. The Commission has also addressed the need for better coordination and oversight of the notified bodies system at EU level, and the introduction of streamlined, digital procedures.

Reactions of the industrial associations

According to MedTech Europe, the ultimate objective of the MDR and IVDR targeted revision should focus on the identification of areas of underperformance, while maintaining current effective processes. The association welcomed the proposed introduction of pathways for breakthrough innovation and orphan devices, as well as regulatory sandboxes. However, the absence of a single governance structure is considered a missed opportunity for long-term system stability. MedTech Europe also highlighted a persisting gap on clinical evidence expectations. Regarding the in vitro diagnostics sector, the proposed new rules should be included in the same proposal as those for medical devices, meaning co-legislators should not lose focus on the amendments to the IVDR.

AESGP, representing the European self-care industry, particularly welcomed the removal of the re-certification requirement and the extension of reporting timelines for periodic safety update reports. Other positive actions include reducing the scope of the requirements to provide a summary of safety and (clinical) performance (SS(C)P), and a reduced involvement of notified bodies in conformity assessments of lower- and medium-risk classes. Positive opinions have also been expressed regarding the proposed legal basis for structured dialogue between notified bodies and manufacturers, the possibility of expanding the use of non-clinical data, and the planned actions for digital labelling and the digitalisation of documentation for conformity assessment.

EFPIA and Vaccines Europe have welcomed the the coordinated assessment of combined studies, as well as EMA’s support for competent authorities in the context of multi-country clinical studies. Other positive actions include the new criteria for breakthrough and orphan devices, the establishment of a dispute resolution mechanism, greater flexibility for in-house devices, and an enhanced role for expert panels. However, according to the two associations, the revision failed to meet its long-term goal of centralising processes.

Reactions of the industrial associations to the proposal for the EU Biotech Act

According to EFPIA and Vaccines Europe, the health package announced by the Commission in December 2025, which include the Biotech Act, is a positive step towards making Europe more attractive for cutting-edge science, clinical research, and biotech innovation. The research-based industry particularly welcomed the proposed reduction in clinical trial approval timelines to 75 days. The two associations also expressed positive views on the EU health biotech investment pilot and the targeted extension of the SPC regime. However, they have some concerns that the incentive would apply only to a limited subset of products, as well as the proposed “manufactured in the EU” criterion for IP protection. 

According to Medicines for Europe, which represents the generics and biosimilar industry, the Biotech Act’s focus on competitiveness needs to be recalibrated, as intellectual property extensions have not stimulated R&D in Europe. Conversely, pro-biosimilar policies have encouraged R&D, scientific leadership and manufacturing investment across Europe. Key deliverables for a competitive industry should include industrial incentives, fit-for purpose Bolar exemptions, adaptation of the SPC manufacturing waiver to biosimilar timelines, predictable and pro-competitive markets, and regulatory simplification and harmonisation.

EuropaBio positively reacted to the proposed Biotech Act on behalf of the biotech industry. Key interventions planned in the health sector include the additional extension of SPCs, shorter clinical trials approval timelines, and a more efficient regulatory pathway for ATMPs. EuropaBio also expressed a positive opinion on the Health Biotech Investment Pilot.

The role of patents from from public research organisations

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The latest study by the European Patent Office (EPO) Observatory on Patents and Technology reveals that patent applications from public research organisations (PROs) nearly doubled between 2001 and 2020. European PROs generated almost 63,000 European patent applications during this period, while the number of annual European patent applications increased from around 2,000 to over 3,500 by 2020. 

The study identified 250 PROs that had each filed at least 20 academic patent applications with the EPO between 2001 and 2020. Over two-thirds of all PRO filings came from the top 16 organisations alone. Two French PROs are leading the ranking, the National Centre for Scientific Research (CNRS) and the Alternative Energies and Atomic Energy Commission (CEA), followed by Germany’s Fraunhofer-Gesellschaft.

Europe’s research hospitals increased their patenting activity by almost 50% between 2001 and  2020, filing around 17,400 European patent applications in the fields of pharmaceuticals, biotechnology, medical technologies and diagnostics. France’s Assistance Publique – Hôpitaux de Paris (AP-HP) was the most active research hospital.

The EU strategy for AI in science and healthcare

The new European framework for the deployment of AI in science and healthcare has become clearer in October. The European Commission firstly launched its Apply AI strategy, targeting key industries and the public sector. At the same time, it launched the AI in Science Strategy, which is intended to make the EU a leader in AI-driven research and scientific innovation. A key measure included in the strategy is the Resource for AI Science in Europe (RAISE), a virtual European institute that pools and coordinates AI resources for developing AI and applying it in science.

Other strategic actions include measures to attract global scientific talent and highly skilled professionals, a €600 million budget from Horizon Europe to enhance access to computational power for science, and plans to double HE’s annual investments in AI to over €3 billion, including doubling of funding for AI in science. The Commission is also establishing the Apply AI Alliance, a forum that will bring together industry, the public sector, academia, social partners and civil society. In October, the Commission also launched the COMPASS-AI initiative, which includes establishing a community of experts to promote the safe and effective use of AI in healthcare.

Updates to the Q&A’s on the EU-US mutual recognition agreement

The document published on 1 October 2025 by the EMA Inspections Office updates the Questions & Answers on the impact of the Mutual Recognition Agreement (MRA) between the European Union and the United States.

Question 1 has been updated with regard to GMP inspections of veterinary products. Specifically, between June 2023 and September 2025 the FDA confirmed the capability of Sweden, Latvia, Lithuania, Germany, Cyprus, Czech Republic, Slovakia, Italy and Romania. Assessments of Malta and Croatia for inspections of manufacturers of veterinary products are ongoing. 

Q3 now states that, on the basis of a pilot programme, the EU GMP/GDP Inspectors Working Group has agreed to enable the voluntary provision of the EU-US MRA, as set out in Article 3(1) of the agreement to rely on the outcome of US FDA inspections conducted outside the US as of 1 October 2025. 

According to the new Q11, the batch testing provision for veterinary products will be implemented once the FDA has recognised all the EU National Competent Authorities responsible for veterinary medicinal products. This is expected to be completed by Q1/2025. Further guidance on this topic will be published in due cours

Bern and Brussels seal new research partnership

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As part of a broader package of bilateral agreements negotiated between the EU and the Swiss Confederation in 2024, Switzerland will join several R&I Union programmes, including Horizon Europe, Digital Europe, and EU4Health. The agreement on the participation to EU’s research programmes should be implemented retroactively as of 1 January 2025. Following its formal adoption by the European Council on 21 October 2025, the Commission and the Swiss authorities are due to sign the agreement in Bern on 10 November 2025 (we write at the end of October).

The complex procedure will then include the Council’s request for the EU Parliament consent and the completion of all procedures by the Swiss party necessary for the package to entry into force by the end of 2028. Only at this stage will the Council complete the process concluding the broad package of agreements, allowing them to enter into force. The package also includes updates of five agreements that give Switzerland access to the EU internal market, three new agreements on food safety, health and electricity, and a new agreement on Switzerland’s permanent and fair financial contribution to the EU’s economic and social cohesion.

The European strategy on research and technology infrastructures

On 15 September 2025, the EU Commission launched a new European strategy on research and technology (R&T) infrastructures, aiming to boost Europe’s leadership in scientific excellence and technological innovation. The new framework will give scientists, researchers, innovators, and industry easy access to Europe’s cutting-edge facilities, high-quality data and tailored services. The strategy identifies five areas of action, beginning with the strengthening the ecosystem of European research and technology infrastructures. This should include increased capacity, investment mobilisation, and better alignment of available facilities and services with user needs.

Simpler and better access to R&T infrastructures is expected to provide researchers and innovative companies with a continuum of complementary services. Great attention has also been paid to making Europe more attractive to talents, in line with the “Choose Europe” approach. R&T infrastructures should also support the “fifth freedom”, namely the free movement of research, innovation and knowledge. The governance framework for R&T infrastructures should better support long-term investment decisions and align priorities among the EU member states and stakeholders.

EU-US Framework Agreement, 15% tariff on innovative pharmaceuticals

The Joint Statement issued on 21 August by the EU and the US sheds light on the tariffs announced by President Donald Trump. Building on the political agreement reached by by the parties on 27 July, the Joint Statement aims to restore stability and predictability in EU-US trade and investment. In terms of the pharmaceutical sectors, a 15% tariff will be applied to innovative medicinal products exported from the EU to the US. This is the same tariff that has been announced for most European industrial goods.

According to the Joint Statement, generic medicines, their ingredients and chemical precursors will only be subject to the Most Favoured Nation (MFN) tariff from 1 September 2025. The Statement makes no mention of tariffs applied to the medtech sector, which will therefore be subject to the standard 15% tariff. The Commission is now expected to swiftly implement the key elements of the agreement. The EU will also negotiate a fair, balanced and mutually beneficial trade agreement with the US.

The Commission’s proposal for the EU Life Sciences Strategy

On 1 July 2025, the Commission launched its proposal for a European Life Sciences Strategy. The initiative aims to significantly enhance the sector’s attractiveness and competitiveness by 2030. Life sciences encompass medicine, food and sustainable agriculture, and represent a key area for driving innovation and adding nearly €1,5 trillion in value to the life sciences value chain. The deployment of the Strategy should be supported by an annual budget of €10 billion.

The proposed Strategy would focus on three areas, the first of which is optimising the EU’s research and innovation ecosystem. This should include an EU investment plan as well as the development and deployment of microbiome-based solutions and cross-sectorial life sciences technologies. The EU Biotech Act and a new matchmaking interface connecting startups, industry and investors should support rapid market access for innovation. Procurement of life sciences innovation in key areas should receive €300 million in funding. A new Life Sciences Coordination Group is expected to facilitate the alignment of policies and funding across sectors.

EMA’s public consultation on the use of RWD in non-interventional studies

A total of 695 comments were collected from 39 different stakeholders during the public consultation on EMA’s revised reflection paper on the use of real-world data (RWD) in non-interventional studies to generate real-world evidence (RWE). The final version of the reflection paper was published on 3 April 2025. The EMA has now released a summary of the comments received and the decisions made on their basis.

The majority of comments supported the initiative, although some specific topics were of concerns. The main decisions include maintaining the original proposal for the definitions of RWD and RWE. The suggestion that non-interventional studies using RWD should focus on assessing effectiveness rather than efficacy was adopted, as well as the request of additional considerations in cases where RWD is collected through primary data collection, and recommendations on the use of AI, machine learning and natural language processing technologies. 

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