I’m bumping this thread because it’s been in the back of my mind for a few months, and I kept meaning to go back and write a response. However, this is a topic where I have enough expertise to know exactly how much I don’t know. (If this was about longevity treatments for certain model organisms I could blather all day…) So, rather than blather inaccurately about FDA regulatory frameworks, I figured I’d post some good things I’ve read recently on the topic.
The crux of the problem, as the OP correctly surmises, is that any clinical trials are going to take decades to complete, and “less aging” is a poorly defined end point. As I understand it, the FDA isn’t even interested in treatments for aging (though that’s not an insurmountable barrier since anything worth calling a “treatment for aging” has got to put a pretty big dent in age-related disease and morbidity). That may change since there is strong interest in starting clinical trials to see whether metformin can prevent aging.
The 20-year patent life is another big issue. If a drug company wants to test and market a new anti aging treatment, for now they can start with shorter term trials to see whether the drug is useful for treating some particular disease. Since there is a lot of overlap between pathways that control aging and metabolism, there’s good reason to believe that many possible aging treatments will also directly treat metabolic syndrome, diabetes, or many other diseases.
In the near future, there may be sufficient knowledge of age-related biomarkers that can be used to test the effects of a drug in a clinical trial. We know of many cellular and systemic factors that both increase with age and contribute to further age-related dysfunctions. The biomarker approach has been taken before, with trials for cardiovascular drugs that used cholesterol levels as an endpoint, and (so far unsuccessful) trials for Alzheimer’s treatments that use reductions of amyloid levels as an endpoint. There’s a review of biomarkers, target pathways, and interventions here (getting this particular review off my to-read list reminded me about the post!)
On the regulatory side, the FDA can and has provided a period of exclusivity beyond the end of a patent. For example, Orphan Drug Exclusivity is granted for 7 years after FDA approval for treatments for rare diseases without effective treatments. That’s partially in recognition that it can take many years to find enough patients to accumulate a decent statistical sample. It’s conceivable that similar incentives could be given, by act of Congress, to companies developing new treatment for aging*. Off the top of my head, perhaps a drug company and the FDA decide that an X year stage III clinical trial is necessary, so the FDA grants an X-5 year exclusivity extension beyond the patent expiration.
*I bet it would be pretty easy to get overwhelming bi-partisan support for promising anti-aging treatments, given the age of the average Congresscritter…