510(k) \u00B7 De Novo \u00B7 PMA \u00B7 Exempt

510(k) Pathway Determination & De Novo Toolkit

Picking the wrong regulatory pathway costs 12\u201318 months \u2014 get it right before you write a single page of your submission.

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Instant download. For regulatory affairs leads, product engineers, and RA consultants.

The most expensive mistake in medical device development is choosing the wrong regulatory pathway.

  • Choosing 510(k) when your device is not substantially equivalent \u2014 FDA rejects, you start over with De Novo or PMA
  • Missing the predicate device that would have cleared your 510(k) fastest
  • Not knowing your device qualifies for exemption \u2014 wasting months on an unnecessary submission
  • De Novo vs PMA confusion for novel devices \u2014 one takes 12 months, the other takes 3+ years

This toolkit gives you the decision frameworks, worksheets, and documentation templates to determine your regulatory pathway correctly \u2014 before you invest in the wrong submission.

Who this toolkit is for

RA Leads at Startups

First-time regulatory strategy for a new device — need to pick the right pathway before committing budget and timeline.

Product Development Engineers

Making regulatory strategy decisions early in the design process when pathway choice shapes the entire development plan.

RA Consultants

Scoping client submissions and need a structured, defensible framework for pathway recommendation — not just experience-based opinion.

Investors & Acquirers

Evaluating regulatory risk in due diligence — is the company on the right pathway? Is their predicate defensible? What is realistic timeline?

6 Documents. Complete pathway determination coverage.

From initial classification through pathway justification and Pre-Sub documentation.

Document 01

Regulatory Pathway Selection Guide

Comprehensive decision framework for choosing between 510(k), De Novo, PMA, and Exempt pathways. Covers FDA classification panels, risk levels, predicate availability, and time-to-market implications. Includes flowcharts for each decision point with citations to 21 CFR and FDA guidance documents.

Document 02

Substantial Equivalence Worksheet

Structured predicate comparison template covering intended use, indications for use, technological characteristics, and performance data requirements. Walks through the SE decision tree FDA uses internally — same intended use, same technological characteristics, different technological characteristics with equivalent safety/effectiveness.

Document 03

Predicate Device Identification & Comparison Matrix

Systematic framework for identifying, evaluating, and documenting predicate devices. Includes 510(k) database search strategies, multi-predicate comparison tables, split-predicate justification templates, and documentation for Pre-Sub meetings. Covers both primary and secondary predicate selection.

Document 04

De Novo Request Decision Tree

Step-by-step decision framework for when 510(k) is not appropriate and your device is novel but low-to-moderate risk. Covers De Novo eligibility criteria, classification rationale, risk-based classification determination, and how De Novo differs from PMA. Includes the full De Novo request content outline per FDA guidance.

Document 05

510(k) Exemption Determination Checklist

Complete checklist covering 21 CFR Parts 862-892 to determine if your device qualifies for 510(k) exemption. Covers Class I and Class II exempt device types, limitations of exemptions, and documentation requirements. Identifies when exemption does NOT apply despite device classification.

Document 06

Regulatory Pathway Justification Memo Template

Formal memo template for documenting and defending your pathway selection to FDA, investors, and internal stakeholders. Structured for IDE, IND, and Pre-Sub documentation. Covers regulatory rationale, predicate analysis summary, risk classification justification, and timeline/cost projections by pathway.

Why this toolkit

🧭

Right pathway, first time

The #1 regulatory strategy mistake: choosing 510(k) when your device has no substantially equivalent predicate. The pathway selection guide forces a structured analysis before you commit to a submission type — saving 12-18 months if you would have picked wrong.

🔍

Find the strongest predicate

A weak predicate means additional testing, longer review times, and higher risk of Additional Information requests. The predicate matrix gives you a systematic search and comparison method to identify the predicate that clears fastest.

📋

Document the decision defensibly

FDA reviewers, investors, and acquirers all want to see why you chose your pathway. The justification memo template creates a formal record of your regulatory rationale — critical for Pre-Sub meetings, board presentations, and due diligence.

$347 vs. the alternative

Regulatory Consultant
$12,000+
40+ hours at $300/hr for pathway analysis and predicate research
This Toolkit
$347
6 pathway determination documents, instant download

From the teams who built this

We spent two months preparing a 510(k) before realizing our device had no valid predicate. These templates would have caught that in week one. The pathway selection guide and predicate matrix are exactly what we now use at AB Medical before writing a single page of any submission.

Joshua Millage, CEOAB Medical Technologies

Pathway determination is where the most expensive mistakes happen in regulatory strategy. We have seen startups burn six figures on a 510(k) that should have been a De Novo from day one. This toolkit forces the right analysis upfront — predicate search, SE worksheet, pathway justification — before you commit resources.

Rick, Director of Engineering & RegulatoryAB Medical Technologies

Common questions

What is the difference between 510(k) and De Novo?

510(k) requires demonstrating substantial equivalence to a legally marketed predicate device — same intended use, same or different technological characteristics with equivalent safety and effectiveness. De Novo is for novel, low-to-moderate risk devices where no predicate exists. De Novo creates a NEW classification and can itself become a predicate for future 510(k)s. The toolkit includes decision trees for both pathways and the criteria that determine which is appropriate for your device.

How do I know if my device is substantially equivalent?

Substantial equivalence requires: (1) same intended use as the predicate, AND (2) either the same technological characteristics, or different technological characteristics that do not raise new questions of safety and effectiveness. The Substantial Equivalence Worksheet walks through each element with specific questions FDA reviewers evaluate — including how to handle split predicates and how to document technological differences.

How do I find the right predicate device?

Start with the FDA 510(k) database, filtering by product code and review panel. The Predicate Identification & Comparison Matrix provides a structured search strategy covering the 510(k) database, classification database, product code lookup, and guidance documents. It also covers when and how to use multiple predicates (split predicate approach) and how to evaluate predicate strength.

Is this legal advice?

No. This is a practitioner reference toolkit based on FDA regulations, guidance documents, and real submission experience. Consult your regulatory counsel for formal compliance opinions specific to your device.

Get free regulatory updates

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Pick the right pathway. Save 12\u201318 months.

Six documents. Instant download. 510(k), De Novo, PMA, and Exempt \u2014 know which one before you start.

Also: CAPA Toolkit $247 \u00B7 Supplier Controls $247 \u00B7 Full Suite $449