Liasoning for Medical Devices

Licensing for Medical devices (as per IMDR 2017) and Pharmaceuticals, Cosmetics, Ayush (as per Drugs and Cosmetics Act 1940)

A. Product Registration (CDSCO Portal)

The CDSCO (Central Drugs Standard Control Organization) uses the SUGAM Portal as its online e-governance platform to manage the registration process for medical devices. 

The voluntary registration period that started on October 1 2023 ended because now all medical devices which include Class A Class B Class C and Class D devices must obtain registration or licensing before they can enter the Indian market.

The SUGAM Portal Structure

The portal is designed as a “Single Window” interface. Depending on your business, you must register under one of these roles:

  • Manufacturer: For Indian companies making devices locally.
  • Importer: For companies bringing devices into India (requires a valid Wholesale License).
  • Indian Authorized Agent: For representing foreign manufacturers who do not have a registered office in India.

B. Testing purpose (NSWS Portal, ONDLS Portal) 

MD-12/13-

In the context of the Medical Devices Rules (2017) in India, MD-12 and MD-13 are regulatory forms used to obtain a “Test License” for medical devices.

While these terms are also famously associated with a historic “Super Jumbo” aircraft project, they are most used today in the medical regulatory field.

1. Medical Device Regulation (India)

The Central Drugs Standard Control Organization (CDSCO) permits manufacturers to create medical devices in small quantities through these forms which cover Classes A B C and D devices used for tests clinical trials and demonstrations.

  • Form MD-12: This is the application form. A manufacturer submits this to the Central Licensing Authority to request permission to manufacture small quantities of a device for testing or evaluation.
  • Form MD-13: This is the actual license (permission). If the application is approved, the government issues the license on Form MD-13.

MD-16/17-

Incontext of the Me the dical Devices Rules (2017) in India, MD-16 and MD-17 are the “Import” equivalents of the MD-12/13 forms you previously asked about.

While MD-12/13 are for domestic manufacturing of test batches, MD-16/17 are specifically for the import of medical devices into India for non-commercial purposes.

The Core Difference

The forms are required when companies want to import small amounts of medical devices which belong to Classes A B C and D from other countries to test train and conduct clinical trials in India.

  • Form MD-16 (The Application): This is the application submitted by an importer or an Authorized Indian Representative (AIR) to the Central Licensing Authority (CDSCO). The document presents information about the device design and the expected import volume and the reasons which support importation requirements.
  • Form MD-17 (The License): This is the actual Test Import License issued by the CDSCO. Once you have this document, you are legally permitted to clear the specified devices through Indian Customs for the approved purpose.

When do you need this?

You would use MD-16/17 if you are:

  1. A Foreign Manufacturer: Wants to demonstrate a new surgical robot to Indian doctors for training purposes before its official market introduction. 
  2. A Research Organization: needs to import an advanced heart valve for conducting clinical trials in Indian medical facilities.
  3. An Importer: Bringing in a sample of a diagnostic kit to have it tested at a government-approved laboratory for performance validation.

Form 12/11-

In the Indian regulatory landscape, Form 12 and Form 11 are the traditional versions of the “Test License” forms specifically for Drugs

Form 12: The Application

The application process for non-commercial drug importation into India requires manufacturers and importers to submit Form 12.

  • The purpose of this process is to import drugs which will be used for examination testing and analysis and clinical trials.

  • The test site information requires you to provide drug name and quantity and foreign manufacturer source details.

  • The application process is used by importers and pharmaceutical companies and research institutions.

Form 11: The License

Form 11 is the actual Test License issued by the CDSCO (Central Drugs Standard Control Organization) once the Form 12 application is approved.

  • Role: It acts as the legal permit to clear the drug through customs.
  • Restriction: The imported drugs cannot be sold or used for any commercial activity.
  • Validity: Generally valid for 1 year (unlike the medical device version, which is often 3 years).

Form 30/29 –

In the Indian pharmaceutical and medical regulatory system, Form 30 and Form 29 are the “Manufacturing” counterparts to the import forms (Form 12/11) we discussed.

Form 30: The Application

The State Licensing Authority (State FDA) receives Form 30 which serves as the application that manufacturers submit to the authority.

  • Purpose: To request permission to manufacture small quantities of a drug for “examination, test, or analysis.”

  • Before launching a new medicine a company needs to create “test batches” for testing stability and conducting laboratory analyses and performing clinical trials.

  • Fee: The government fee is typically ₹250 per application.

Form 29: The License

Form 29 is the actual Test License issued by the State Licensing Authority.

  • Role: It is the legal authorization that allows a factory to produce a drug that hasn’t been officially approved for sale yet.
  • Restriction: Drugs made under Form 29 cannot be sold in the market. They must be used only for research, R&D, or as “exhibit batches” for regulatory filing.
  • Validity: It is usually valid for 3 years (formerly 1 year, but updated to 3 in many states to align with longer R&D cycles).

C. Manufacturing (CDSCO Portal, ONDLS Portal)

MD-3/5-

under the Medical Devices Rules (2017), MD-3 and MD-5 are the critical forms for the commercial manufacturing of low-to-moderate risk medical devices.

1. MD-3: The Application

Form MD-3 is the application a manufacturer submits to the State Licensing Authority (SLA).

  • Device Class: It is used for Class A (low risk, e.g., surgical gauze) and Class B (low-moderate risk, e.g., thermometers, needles) medical devices.
  • Scope: This is for a “Manufacturing License” for sale and distribution.
  • Portal: The application is filed online via the SUGAM (CDSCO) portal, but it is processed by your specific State FDA.

2. MD-5: The License

Form MD-5 is the actual Manufacturing License granted by the State Licensing Authority.

  • Role: This is your “Go” signal. Once you hold an MD-5 license, you are legally permitted to manufacture, stock, and sell the approved medical devices across India.
  • Validity: The license is valid permanently, provided that the “License Retention Fee” is paid every 5 years
Device Class
Risk Level
Application Form
Issued License
Authority

Class A & B

Low to Moderate

MD-3

MD-5

State (SLA)

To get your MD-5 license, you typically need to provide:

  • Site Master File (SMF): Details about the factory layout and environment.
  • The Device Master File (DMF) contains essential technical specifications and product materials and product stability information.
  • The ISO 13485 standard requires manufacturers to demonstrate their compliance with worldwide quality standards.
  • Notified Body Audit: For Class B devices, a third-party auditor must inspect your facility before the license is granted.

MD-4/6-

In the Indian regulatory framework under the Medical Devices Rules (2017), MD-4 and MD-6 are the “Loan License” versions of the MD-3/5 manufacturing forms.

While MD-3/5 is for companies that own their factory, MD-4/6 is for companies that want to manufacture products at someone else’s licensed facility.

1. MD-4: The Application

The “Loan Licensee” files their application through Form MD-4 to the State Licensing Authority (SLA).

The purpose of this request is to obtain permission for manufacturing Class A and Class B medical devices which will be produced at another manufacturer’s facility.

  • The purpose of this request is to obtain permission for manufacturing Class A and Class B medical devices which will be produced at another manufacturer’s facility.

  • The service is utilized by startups and small businesses and foreign companies which prefer not to build their own factory but wish to sell medical devices under their own brand.

  • Requirement: You must include a consent letter from the actual factory owner (who already holds an MD-5 license for that site).

2. MD-6: The License

Form MD-6 is the actual Loan License issued to the applicant.

  • Role: It legally authorizes you to sell and distribute the medical devices under your own name/brand, even though the physical production happens at a partner’s facility.
  • Validity: Like the main manufacturing license, it is valid permanently, provided the retention fee is paid every 5 years.
  • Responsibility: Although you are using a “loaned” facility, as the MD-6 holder, you are still legally responsible for the quality, safety, and performance of the devices sold under your brand.
Type of License
Application Form
Issued License
Who is it for?

Own Manufacturing

MD-3

MD-5

Companies with their own factory.

Loan Manufacturing

MD-4

MD-6

Companies outsourcing production.

MD-7/9-

MD-7 and MD-9 are the high-stakes versions of the manufacturing licenses.

The MD-3/5 series identifies low-risk items while MD-7 and MD-9 handle high-risk medical devices which include heart stents and pacemakers and bone plates. The devices require more intense examination because they present greater danger to users.

MD-7: The Application

The manufacturer needs to submit Form MD-7 to request a license that allows them to produce high-risk devices for commercial distribution.

  • The Central Licensing Authority (CDSCO) in New Delhi handles MD-7 applications while Class A and B devices use the State system for their application process.
  • The complete Device Master File (DMF) and Site Master File (SMF) must be submitted which requires the disclosure of all material chemical compositions and engineering design details.

MD-9: The License

Form MD-9 is the actual Manufacturing License granted by the Central Licensing Authority.

  • Pre-Approval Audit: You cannot get an MD-9 license without a physical inspection of your factory. The CDSCO sends a team of Medical Device Officers (and often an expert in that specific field) to verify your Quality Management System (QMS) and infrastructure.
  • Validity: The license is valid permanently, as long as you pay the retention fee every 5 years.
Risk Class
Device Example
Application
License Issued
Who Approves?

Class A & B

Gauze, Thermometer

MD-3

MD-5

State FDA

Class C & D

Stents, Ventilators

MD-7

MD-9

Central CDSCO

MD-8/10

MD-8 & MD-10: Loan License for High-Risk Medical Devices

If you are a startup, a research-based firm, or an importer looking to manufacture Class C (Moderate-High Risk) or Class D (High Risk) medical devices in India using a third-party facility, the MD-8/10 pathway is your regulatory solution.

1. What are these Forms?

  • Form MD-8 (The Application): This is the official application submitted to the Central Licensing Authority (CDSCO) to request a Loan License.
  • Form MD-10 (The License): This is the final Loan License granted to the applicant, permitting the manufacture, sale, and distribution of high-risk medical devices.

2. Who should apply?

This license is designed for:

  • Innovators & Startups: Companies with a patented design but no manufacturing infrastructure.
  • Importers: Companies wanting to shift from importing to “Make in India” by partnering with an established local manufacturer.
  • Strategic Partners: Firms that want to use the specialized cleanrooms or sterilization facilities of another licensed unit.

 

Form – 24/25-

Form 24 and Form 25 are the primary documents for manufacturing Allopathic drugs.

While the “MD” forms you asked about earlier are for Medical Devices, the “Form 24/25” series is governed by the Drugs and Cosmetics Rules, 1945 and applies to medicines like tablets, capsules, and ointments.

1. Form 24: The Application

The application for a drug manufacturing license requires submission of Form 24 to the State Licensing Authority. The drug approval process applies to drugs which are not included in Schedule C and Schedule C(1) and Schedule X.

  • The medication is approved for use with general medicines, which include Paracetamol and Aspirin but it does not apply to biologicals and antibiotics and narcotics.
  • The process requires online submission through the ONDLS system or the State FDA portal in most states.
  • Key Attachments: You must include the Site Plan, list of machinery, and the qualifications of the “Technical Staff” (Manufacturing Chemist and Analytical Chemist).

2. Form 25: The License

Form 25 is the actual Manufacturing License issued by the State Drug Controller.

  • Role: This is your legal “permission slip” to produce, stock, and sell the approved drugs from your factory.
  • Restriction: You can only manufacture the specific “products” (drug names) that are endorsed on the back of this license or in an attached list.
  • Retention: The license is valid as long as you pay the Retention Fee every 5 years.

Form – 27/28-

Drug Manufacturing (Pharmacy)

The pharmaceutical industry uses these forms as their standard method of obtaining licenses:

  • Form 27: An application for a license to manufacture drugs (specifically those in Schedules C and C1, like biologicals).
  • Form 28: The actual license issued for manufacturing those drugs for sale or distribution.

Sales (CDSCO Portal, ONDLS Portal)

MD 41/42-

MD-41 and MD-42 are the official documents required for the sale and distribution of medical devices (including IVDs).

This system was introduced as a simpler alternative to the traditional drug wholesale licenses (Forms 20B/21B) to better regulate the medical device supply chain.

The Difference Between MD-41 and MD-42

  • The Application Form MD-41 requires you to complete the form and send it to the State Licensing Authority. The document includes information about your business operations and the location where devices will be kept and the certified technical personnel who will manage the sales process.
  • Fom MD-42 (The License):Thirs is the actual Registration Certificate issued to you once your application is approved. It legally authorizes you to sell, stock, exhibit, or distribute medical devices.

Who Needs These?

Any person or business entity involved in the commercial trade of medical devices in India must have an MD-42 license. This includes:

  • Wholesalers and Distributors
  • Retailers (Pharmacies or specialized medical stores)
  • Importers who intend to sell their products in the Indian market.
  • E-commerce sellers who list medical equipment on online platforms.

Form 20/21-

The Indian medical and pharmaceutical industry uses Form 20 and Form 21 as its main regulatory instruments for controlling drug distribution. The Drugs and Cosmetics Act (1940) requires all organizations that intend to sell or distribute medicinal products to obtain these documents.

Most medical shops (pharmacies) hold both licenses simultaneously because together they allow the sale of almost all common medicines.

key Requirements for Applicants

To obtain these licenses from the State Licensing Authority (SLA) you need to fulfill all the required criteria.

  • Retail operations require a Registered Pharmacist who holds either a B.Pharm or D.Pharm to serve as the qualified person in charge.Wholesale operations need a “Competent Person” who can demonstrate sufficient experience.
  • The retail or wholesale operation needs a minimum space of 10 square meters while the retail and wholesale operation needs a minimum space of 15 square meters.
  • The organization needs to provide evidence of a refrigerator through an invoice or bill which serves as storage space for the sensitive medicines classified under Form 21.
  • The license remains active for a period of 5 years after which you need to pay a “retention fee” to maintain its validity.

Form 20B/21B-

The Indian pharmaceutical industry requires wholesale drug distributors to obtain both Form 20B and Form 21B as their necessary licensing requirements.

The standard Form 20 and 21 provide retail licenses to sell medical products directly to patients. The “B” suffix of these forms designates a wholesale license which permits sales to hospitals pharmacies and other distributors.

Who Needs These?

You must obtain these licenses if you are:

  • Pharmaceutical distributors operate as stockists.
  • Pharma Franchise (PCD) Owners.
  • Third-Party Manufacturers who store and sell their own stock.
  • Importers who need to distribute foreign medical products in India

Import (CDSCO Portal, ONDLS Portal)

MD – 14/15-

The importation of medical devices requires MD-14 and MD-15 as essential documents which organizations must follow under the Medical Devices Rules (2017) that the CDSCO (Central Drugs Standard Control Organization) administers.

The importation of medical devices which includes IVDs requires foreign manufacturers and Indian importers to obtain these documents for entry into India.


The Difference Between MD-14 and MD-15

  • Form MD-14 (The Application): This is the official application form. It is submitted online through the SUGAM portal. It contains all the technical data, clinical evidence, and safety certificates of the device you want to import.
  • Form MD-15 (The License): This is the actual Import License certificate issued by the government. Once you have this document, you are legally allowed to bring the specified medical devices into the country for sale and distribution.

Who Can Apply?

A foreign manufacturer cannot apply directly to the CDSCO. They must appoint an Authorized Indian Agent (AIR). This agent must:

  1. Hold a valid wholesale drug license (Form 20B/21B) or a medical device registration (MD-42).
  2. Have a Power of Attorney (PoA) from the foreign manufacturer to act on their behalf.

Form – 10-

The standard import license for drugs is found in Form 10 which the Central Drugs Standard Control Organization issues.

Form 10 serves as the ultimate “Golden Ticket” which enables an Indian business to conduct legal drug imports through Indian Customs. You cannot bring any drug into India for commercial sale or manufacturing without this license.

The Application: Filed on Form 8.

  • The License: Issued on Form 10.
  • Special Case: If you are importing “Schedule X” drugs (narcotic or psychotropic substances), the license is issued on Form 10-A.

Export (CDSCO Portal)

Free Sale Certificate-

Certificate of Free Sale or Certificate for Export, is an official document that confirms a product is legally manufactured and freely sold in the domestic market of the exporting country.

In the medical field, it is essentially a “passport” for your product to enter international markets. Foreign governments require it to ensure they are not importing “export-only” goods that the home country does not trust for its own citizens.

Why is it needed?

  • Proof of Quality: It serves as evidence that the product complies with the safety and quality standards of India.
  • Registration Abroad: Most countries (especially in South East Asia, the Middle East, and Latin America) will not allow you to register or sell a medical product unless you provide an FSC from your home country.
  • Validation of License: It proves that the manufacturer holds a valid Manufacturing License (like MD-5/MD-9 for devices or Form 25/28 for drugs).

Non-conviction Certificate-

The Indian pharmaceutical and medical device sectors use a Non-Conviction Certificate (NCC) as an official document which confirms that a business operates with a complete legal record. The document establishes that the organization together with its leadership team has maintained a record of no convictions during the specified duration for violations of the Drugs and Cosmetics Act of 1940 and the Medical Devices Rules of 2017.

The certificate is a formal declaration by the government that:

  • Your company has not manufactured or sold sub-standard, spurious, or adulterated drugs/devices.
  • You have not been involved in any criminal cases related to patient injury or death caused by your products.
  • There are no active court convictions against the firm for violating safety and quality regulations.

Market Standing Certificate-

Market Standing Certificate (MSC) is a formal regulatory document that proves a company has been actively and consistently manufacturing or importing a product in the Indian market for a specific period (usually the last 3 years).

1. What does it verify?

The MSC acts as an official “track record” issued by the government. It confirms three main things:

  • Active Status: You haven’t just held the license; you have actually produced and sold the batches.
  • Continuous History: You have a stable presence (usually 2 or 3 years of data).
  • Quality Record: There have been no major “Not of Standard Quality” (NSQ) reports or government bans against the product during that time.

2. Why is it so important?

In the medical field, this certificate is a mandatory “entry pass” for:

  • Government Tenders: To bid for large supply contracts (like the Indian Railways, Army, or State Health Departments), the government needs proof that you are not a “fly-by-night” operator and that your products are already trusted in the market.
  • International Export Registration: Many foreign countries (like Vietnam, Nigeria, or Sri Lanka) will only register a drug if you can show an MSC proving that the medicine has been sold in India for at least 2-3 years.
  • Business Credibility: It is often used during mergers, acquisitions, or when applying for high-value bank loans for pharma units.