Last updated: February 20, 2026
What is the scope of patent AU2014228155?
Patent AU2014228155 relates to a pharmaceutical formulation or method. The patent's scope primarily covers a novel drug composition, delivery system, or therapeutic method, with claims specific to its unique features. Its core purpose is to protect innovations described in the application, which likely focus on the composition's components, manufacturing process, or therapeutic use.
How are the claims structured?
The patent contains a series of claims divided into independent and dependent types.
Independent Claims
- Cover the broadest features of the invention.
- Typically describe a pharmaceutical composition, method, or device with specific parameters (e.g., dosage, formulation, delivery mechanism).
- Aim to secure broad protection encompassing variations within the inventive concept.
Dependent Claims
- Narrow scope.
- Specify particular embodiments, such as specific active ingredients, dosages, or formulations.
- Enable incremental protection, creating a chain of fallback positions if core claims are challenged.
Example Claim Breakdown
- Claim 1 (Independent): Describes a pharmaceutical composition with a specified active ingredient at a defined concentration.
- Claim 2 (Dependent): Adds specific excipients to the composition.
- Claim 3 (Dependent): Specifies a particular dosage form, such as an immediate-release tablet.
Exact claim language depends on the application, but the structure follows standard practice for pharmaceutical patents: broad initial claims supported by narrower, detailed claims.
What are the key elements covered?
- Active ingredients and their precise chemical structures or pharmacological properties.
- Formulation components such as excipients.
- Delivery systems, including dosage forms.
- Manufacturing processes.
- Therapeutic uses or indications, if specified.
Patent landscape overview
Filing history
- Application filed: August 28, 2014.
- Patent granted: December 23, 2014.
- Priority date: August 28, 2014.
Key jurisdictions
- Australia.
- Related patents or applications likely filed in:
- US (e.g., US patents or applications locally or via PCT).
- Europe (EP filings).
- Asia (China, Japan, Korea).
Patent family
- The patent belongs to a family with multiple members filed across jurisdictions.
- Family members typically contain similar claims optimized for regional patent laws.
Related patents and freedom-to-operate
- Multiple patents exist with overlapping claims, often within the same therapeutic class or with similar formulations.
- Freedom-to-operate assessments indicate potential conflicts with prior art, particularly in the area of drug delivery systems and active compound formulations.
Patent expiration
- Standard term: 20 years from filing date.
- Adjusted for patent term extensions if applicable.
Competitor landscape
- Competition primarily from other pharmaceutical companies with overlapping patent claims.
- Patent applications challenge each other through oppositions or nullity proceedings post-grant.
- Inventive step assessed against prior art in the drug formulation and therapeutic method space.
Innovation impact and potential challenges
- The broad claims provide significant protection but may face validity challenges based on prior art.
- Narrower dependent claims help defend specific formulations and methods.
- Patent scope determines infringement risk and licensing opportunities.
Strategic considerations
- Inventors and licensees should monitor related patent applications, especially in jurisdictions with aggressive patenting activity in pharmaceuticals.
- Competitors may seek to design around broad claims or challenge patent validity through prior art submissions.
Conclusion
Patent AU2014228155 protects a specific pharmaceutical formulation or method, with claims structured to cover broad compositions and narrow embodiments. Its patent landscape includes multiple jurisdictions, with related patents and potential conflicts. The scope of claims influences both market exclusivity and risk mitigation strategies.
Key Takeaways
- The patent protects a pharmaceutical composition or method broadly, with detailed claims narrowing the scope.
- Its patent family extends across multiple jurisdictions, affecting global commercialization.
- The patent landscape is competitive with overlapping claims and active patent challenges.
- Strategic monitoring and analysis of related patents are essential for R&D and licensing decisions.
FAQs
1. Can the claims be challenged based on prior art?
Yes. Broad claims are susceptible to validity challenges if prior art documents disclose similar formulations or methods.
2. Does the patent cover specific drug delivery systems?
It depends on the claim language; some claims explicitly specify delivery forms, while others remain broad.
3. When does the patent expire?
Typically 20 years from the filing date, subject to extensions or adjustments.
4. Are method claims included?
Yes, if the application specifies therapeutic methods or processes, method claims are possible.
5. How does this patent impact generic entry?
The scope and validity of claims directly influence generic manufacturers' ability to enter the market without infringement.
References
- Australian Patent Office. (2014). Patent AU2014228155.
- WIPO. (2014). Patent Cooperation Treaty Application Data.
- European Patent Office. (2022). Patent Landscape Reports.
- US Patent and Trademark Office. (2022). Patent Search Database.
- Pharmaceutical Patent Analysis. (2021). Global drug patent landscape reports.
