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CDSCO License for Open-surgery manual linear stapler, single- use

Medical Device Information

Device Class
Class C

Intended Use

A sterile, hand-held, manual surgical instrument intended to be used during open surgery (including abdominal, gynaecological, paediatric, or thoracic surgery) for the application of surgical staples to approximate internal soft tissues (e.g., two ends of bowel) or for fixation of a surgical mesh to tissue. The device operates by a manual mechanism (e.g., lever, sliding knob) whereby it applies single or multiple linear rows of surgical staples to a portion of tissue; it has no cutting function. The staples may be housed in a single-  use loading unit (SULU) which may be included. This is a single-use device.

Manufacturing License
MD9
Import License
MD15
CDSCO License for Open-surgery manual linear stapler, single- use

Introduction to Open-Surgery Manual Linear Stapler and Regulatory Importance

Open-surgery manual linear staplers, single-use devices, are critical surgical instruments widely used in various specialties such as abdominal, gynecological, pediatric, and thoracic surgeries. Designed to manually apply single or multiple linear rows of surgical staples to internal soft tissues, these devices facilitate precise tissue approximation or fixation of surgical mesh, improving surgical outcomes and patient safety. Because of their direct interaction with internal tissues and use in vulnerable populations like pediatrics and neonatology, regulatory oversight by the Central Drugs Standard Control Organization (CDSCO) in India is stringent and mandatory.

Navigating the CDSCO licensing process for a Class C medical device like this stapler demands a thorough understanding of risk classification, documentation requirements, and procedural timelines. With over 25 years of experience and having supported 500+ companies in securing CDSCO licenses, we provide trusted, actionable guidance tailored specifically to this device type.

CDSCO Regulatory Framework for Open-Surgery Manual Linear Staplers

The CDSCO regulates medical devices under the Medical Device Rules (MDR) 2017. All medical devices marketed in India must comply with these rules, including obtaining the necessary manufacturing or import licenses. For open-surgery manual linear staplers, which fall under Class C due to their medium to high risk, the regulatory pathway involves obtaining a central manufacturing license (MD9) or an import license (MD15) depending on your business model.

The CDSCO classifies medical devices into four risk classes (A, B, C, D) based on intended use and risk potential. Class C devices, such as the stapler in question, require a robust quality system, product testing, and an audit by CDSCO inspectors or notified bodies.

Risk Classification and License Requirements for Class C Devices

Class C devices represent moderate-high risk and include invasive devices used in critical applications like pediatrics and neonatology. The open-surgery manual linear stapler is categorized here due to its single-use nature, direct tissue contact, and critical role in surgeries.

For manufacturing this device in India, an MD9 license (Application Form MD7) issued by the Central Licensing Authority is mandatory. For importers, the MD15 import license is required.

Manufacturing License Process (MD9) for Open-Surgery Manual Linear Staplers

The manufacturing license process for Class C devices follows a structured sequence:

  1. Test License (Form MD13): The first step involves applying for a test license to produce samples for testing. This stage typically takes 1.5 to 2 months.

  2. Product Testing: Samples must undergo testing at CDSCO-approved laboratories to verify compliance with Indian standards. Refer to the Testing Laboratories List for approved facilities.

  3. Documentation Preparation: Compile the comprehensive documentation including Device Master File, Plant Master File, and Risk Management File.

  4. License Application (Form MD7): Submit your manufacturing license application via the CDSCO MD Online Portal, including all necessary documents.

  5. Inspection and Audit: CDSCO inspectors conduct a detailed audit of your manufacturing premises, quality management system (QMS), and documentation.

  6. Query Resolution: Address any queries raised by the authorities or during the inspection.

  7. Grant of License (Form MD9): Upon satisfactory evaluation, the manufacturing license is granted.

The entire MD9 process generally takes 4 to 5 months from start to finish.

Manufacturing License Documents Required for MD9

A meticulous compilation of documents is critical for a successful application. For your open-surgery manual linear stapler, the following are essential:

  • Company Constitution Documents: Incorporation certificate, Memorandum and Articles of Association.
  • Proof of Premises Ownership: Rent agreement or ownership deed.
  • Technical Staff Credentials: Qualification and experience certificates of technical personnel.
  • Fire and Pollution NOCs: No Objection Certificates from local authorities.
  • Device Master File: Detailed device design, specifications, manufacturing process; refer to our comprehensive Device Master File Guide.
  • Plant Master File: Information on manufacturing facilities and equipment; see our Plant Master File Guide.
  • Essential Principles Checklist: Compliance with the Medical Device Rules.
  • Risk Management File: Documentation of risk analysis and mitigation strategies; learn more about Risk Management.
  • Test Reports: Certificates from CDSCO-approved testing labs.
  • Labels and Instructions for Use (IFU): Samples demonstrating compliance with labeling requirements.
  • Quality Management System Documents: ISO 13485 certification and internal QMS procedures.

Import License Process (MD15) for Open-Surgery Manual Linear Staplers

If your business model involves importing the stapler into India, you need to obtain an MD15 import license from the Central Licensing Authority. Key steps include:

  1. Documentation Preparation: Gather all necessary certification such as the manufacturing license from the country of origin, Free Sale Certificate, ISO 13485:2016, CE Certificate, Device Master File, Plant Master File, Wholesale License, and company constitution documents.

  2. Application Submission: Apply through the CDSCO MD Online Portal using Form MD14.

  3. Query Resolution: Respond promptly to any department queries.

  4. Grant of License: The process typically takes 5 to 6 months.

Import License Documents Required for MD15

  • Valid Manufacturing License from Country of Origin
  • Free Sale Certificate
  • ISO 13485:2016 Certification
  • CE Certificate (if applicable)
  • Device and Plant Master Files
  • Wholesale License
  • Company Constitution Documents

Timeline and Processing Duration

License TypeProcess DurationKey Stages
MD9 Manufacturing4-5 monthsTest license (1.5-2 mo), testing, audit, query resolution
MD15 Import5-6 monthsDocument prep, application, query resolution

Early preparation of documentation and proactive engagement with CDSCO can help avoid delays.

Government Fees and Costs

For your Class C open-surgery manual linear stapler:

  • MD9 Manufacturing License:

    • Application Fee: Rs. 50,000
    • Per Product Fee: Rs. 1,000
  • MD15 Import License: (Fees in USD, approximate)

    • Site Fee: $3,000
    • Per Product Fee: $1,500

Additional costs include testing fees at government-approved labs and audit fees if applicable.

Common Challenges and Solutions

Challenge: Incomplete or inconsistent documentation often leads to delays or rejections.

Solution: Leverage expert consultancy to prepare a thorough Device Master File and Risk Management File upfront. Our detailed guides and templates ensure compliance.

Challenge: Delays in product testing due to limited availability at notified labs.

Solution: Schedule testing early by consulting the updated Testing Laboratories List.

Challenge: Audit non-compliance related to QMS or manufacturing premises.

Solution: Conduct internal mock audits and train staff comprehensively before the CDSCO inspection.

Expert Consultation and Support

With over 25 years of experience assisting 500+ medical device manufacturers and importers, we understand the nuances of CDSCO licensing. Our tailored consulting services include:

  • End-to-end license application management
  • Device and Plant Master File preparation
  • Risk management strategy development
  • Coordination with notified bodies and testing labs
  • Pre-audit and post-audit support

Our goal is to streamline your path to market entry, ensuring compliance and minimizing regulatory hurdles.

Getting Started with Your CDSCO License Application

To initiate your CDSCO license application for the open-surgery manual linear stapler:

  1. Assess Your Business Model: Determine whether you will manufacture locally (MD9) or import (MD15).

  2. Collect Preliminary Documentation: Begin gathering company and technical documents immediately.

  3. Apply for Test License (if manufacturing): Submit Form MD13 via the CDSCO MD Online Portal to start sample production.

  4. Engage With Testing Labs Early: Schedule product testing to fit within your project timeline.

  5. Prepare Device and Plant Master Files: Utilize our expert guides to develop compliant files.

  6. Plan for Audit: Ensure your manufacturing site and QMS are inspection-ready.

  7. Submit License Application: Apply online through the CDSCO portal and monitor application status.

By following these practical steps and leveraging expert guidance, you can efficiently navigate the regulatory process and bring your open-surgery manual linear stapler to the Indian market with confidence.

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About the Author

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Tails Azimuth
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