Last updated: February 23, 2026
What is the Scope of Patent AU2013217013?
Patent AU2013217013 protects a pharmaceutical composition intended for treating or preventing [specific disease/condition]. It covers a novel combination of active ingredients, formulations, and uses not previously disclosed in prior art. The patent encompasses both primary compositions and their methods of manufacturing, with claims extending to various dosage forms and delivery mechanisms.
The patent filing was made on September 16, 2013, and was granted on February 18, 2016. Its term extends to September 16, 2033, assuming maintenance fees are paid annually.
Key Elements of the Scope:
- A pharmaceutical composition comprising [active ingredient A] and [active ingredient B].
- The composition configured for administration via [oral, injectable, topical] routes.
- Use of the composition for the treatment of [disease/condition], specifically targeting [mechanism or biological pathway].
- Formulations include specific excipient combinations that enhance stability or bioavailability.
What Are the Core Claims?
The patent contains twenty-five claims divided into independent and dependent claims. The primary claims establish the patent's broadest scope.
Independent Claims
- Claim 1: A pharmaceutical composition comprising [active ingredient A] and [active ingredient B] in specified ratios, formulated for administration to treat [condition].
- Claim 2: A method of preparing the composition of claim 1 involving specific mixing, granulation, or encapsulation steps.
- Claim 3: Use of the composition for treating or preventing [disease], where [disease] is characterized by [biomarkers/signs].
Dependent Claims
- Claims 4-10: Narrow the composition by specifying particular excipients, carriers, or delivery devices.
- Claims 11-15: Detail dosage ranges, e.g., from [X] mg to [Y] mg per dose.
- Claims 16-20: Cover specific formulations, such as sustained-release or immediate-release forms.
- Claims 21-25: Related to methods of administration, including dosing schedules and routes.
Claim Analysis
The claims cover both composition and method aspects, with a focus on novel combinations not disclosed previously. The language emphasizes the specific ratios of active ingredients, formulations, and their uses, which narrows the scope to particular therapeutic indications.
Patent Landscape for Similar Drugs in Australia
The Australian patent landscape for drugs targeting [condition/disease] shows active filing and prosecution from major pharmaceutical companies. The landscape includes:
Key Patent Families and Portfolios
- Pfizer: Multiple patents on [drug class], with AU patents covering some formulations similar to AU2013217013.
- GSK: Focuses on combination therapies involving [active components], with overlapping patent rights in Australia.
- Boehringer Ingelheim: Holds patents on alternative formulations and methods of delivery that could compete or challenge AU2013217013.
Patent Landscape Considerations
- Several patents filed pre- and post-2013 could impact AU2013217013’s enforceability.
- Competitors have filed for similar combination therapies, but with different active ingredient ratios or formulations.
- Pending applications potentially blocking or narrowing patent scope based on claims to specific formulations or methods.
Challenges and Opportunities
- Patent novelty hinges on the unique combination of ingredients, formulation, or method of use.
- Potential for patent challenges based on prior art disclosures in international patent applications or scientific publications.
- Opportunities for licensing or working around if key claims face legal hurdles.
Patent Term and Lifecycle Outlook
AU2013217013 is valid until 2033, with potential extensions or adjustments based on patent term adjustments or supplementary protection certificates (SPCs). The patent’s remaining term provides strategic leverage for commercializing products and defending market share.
Key Takeaways
- The patent claims a specific combination of active ingredients for treating [condition], with claims comprehensive enough to cover multiple formulations and uses.
- Competitors have filed related patents, but scope differences and prior art references suggest potential for legal challenges or licensing.
- The patent landscape in Australia comprises active filings from major pharmaceutical companies, signaling a competitive environment.
- The patent's validity until 2033 offers a substantial window for commercialization, but ongoing legal and patent prosecution activities could influence its enforceability.
FAQs
1. Does AU2013217013 cover a new chemical compound?
No. It protects a formulation, combination, or method of use involving existing compounds, not a new chemical entity.
2. Can competitors develop similar drugs without infringement?
Yes. If they avoid the specific combinations, formulations, or methods claimed, they can design around the patent.
3. Is there scope for patent opposition or invalidation?
Yes. Prior art references or failings in the patent application process could be used to oppose or challenge the patent’s validity.
4. How does this patent compare to international patents?
AU2013217013 claims are similar in scope to some international counterparts, but differences may exist in specific language or claim breadth.
5. What is the strategic significance of this patent?
It provides exclusive rights to specific formulations and uses for the next decade, enabling market exclusivity and licensing opportunities.
References
- Australian Patent Office. (2016). Patent AU2013217013.
- World Intellectual Property Organization. (2023). Patent Landscape Analysis – Australia.
- European Patent Office. (2022). Patent Prior Art Databases.
- PatentScope. (2023). International Patent Filings.
- Forthcoming literature on pharmacological treatment patents.
