Regulatory Affairs Head
Senior Regulatory Affairs Manager for HealthTech and MedTech.
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We're a UK-based MedTech startup with a Class IIb AI diagnostic device. We want to sell in the EU, US, and UK. We need a regulatory strategy. What's the most efficient pathway and sequencing?
Global Regulatory Strategy — Class IIb AI Diagnostic (EU/US/UK)
Recommended sequencing: EU MDR → FDA PMA → UKCA
Rationale: EU MDR is the most stringent and slowest pathway. Completing it first means your clinical data, QMS, and technical documentation are already at the highest standard, making FDA and UKCA submissions faster.
Pathway 1: EU MDR (CE Mark)
- Class IIb → Notified Body required (TÜV, BSI, Dekra)
- Clinical evidence: Per Art. 61 + MEDDEV 2.7/1 rev. 4. For AI diagnostic: prospective clinical study likely required
- AI/ML specific: MDCG 2021-6 guidance on AI classification applies
- Timeline: 24–36 months from start
- Cost estimate: €300K–600K (Notified Body fees + clinical study + regulatory resource)
Pathway 2: FDA (US)
- Class IIb AI diagnostic → likely PMA (Premarket Approval)
- Requires: valid scientific evidence (prospective study), manufacturing site inspection (21 CFR Part 820)
- AI/ML: FDA's Predetermined Change Control Plan guidance applies if model updates planned
- Can leverage EU clinical data if study designed to FDA standards (US site inclusion, FDA-accepted endpoints)
- Breakthrough Device Designation: Apply early if your device addresses an unmet need — gets you FDA interaction throughout development
- Timeline: 18–24 months post-EU (leveraging EU clinical data)
Pathway 3: UKCA (Great Britain)
- Class IIb: UKCA mark required via UK Approved Body
- CE marks accepted in GB until June 30, 2028 (extended transition period)
- Recommendation: Get CE mark first; CE-to-UKCA conversion is substantially faster
- Timeline: 6–12 months post-CE
Parallel workstreams (start now regardless of sequence):
| Workstream | Start | Why |
|---|---|---|
| ISO 13485 QMS certification | Now | Required for all three pathways |
| ISO 14971 risk management file | Now | Required for all three pathways |
| Clinical study protocol design | Now | Must satisfy EU + FDA standards simultaneously |
| IEC 62304 software lifecycle | Now | Mandatory for AI SaMD everywhere |
| EUDAMED registration | Month 3 | Required for MDR — long lead time |
Total investment estimate (3-market strategy): €1M–2M over 36–48 months, dominated by clinical study and Notified Body/FDA fees.
Want me to build the detailed project plan with milestones and a Notified Body selection shortlist?
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