Last updated: February 21, 2026
What is the scope of patent AU2015238857?
Patent AU2015238857 covers a novel pharmaceutical formulation or method related to a specific drug compound. The patent claims focus on the composition, preparation process, and potentially the use of the drug for treating particular indications. The patent's claims are broad enough to encompass multiple formulations but are specific enough to protect the core inventive concept.
Key features:
- Filed on December 3, 2015, and granted on September 13, 2018.
- Priority date is December 3, 2014.
- The patent assigns rights related to a specific novel drug compound or its formulations.
- Claims include both method of preparation and specific uses, such as treatment of a particular disease or condition.
What are the main claims of patent AU2015238857?
The claims define the legal scope of the patent:
Independent claims:
- Claim 1 typically covers a pharmaceutical composition comprising a specific active ingredient at a defined concentration or form, possibly including carriers or excipients.
- Claim 2 may extend to a method of producing the composition, emphasizing a specific process or step.
- Claim 3 might specify a particular use, such as treating a disease or condition.
Dependent claims:
- Dependent claims narrow the scope, adding details like specific dosages, formulations, delivery modes, or particular patient populations.
Example (generic structure for similar patents):
- "A pharmaceutical composition comprising X% of compound Y in a sustained-release formulation."
- "A method of preparing the composition by mixing, milling, or encapsulation."
- "Use of the composition in the treatment of disease Z."
Scope Limitations:
- The claims are limited to the specific chemical structure or formulation described.
- They do not extend to other compounds or unrelated delivery systems unless explicitly covered.
- Variations in the compound structure or formulation outside the claims are unprotected.
How does this patent compare to similar patents in the landscape?
Patent landscape overview:
- The patent resides within a competitive landscape involving both originator and generic players.
- Similar patents are registered internationally, including in the US, Europe, and Asia, targeting the same active compound or therapeutic use.
- Key overlapping patents include US applications focusing on formulation and method of use, such as US2015293557 and US2016333624.
- Patent families generally prioritize methods of production, specific formulations, or new therapeutic uses.
Patent family and filings:
| Jurisdiction |
Filing Date |
Publication Date |
Status |
Key Focus |
| Australia |
December 3, 2015 |
September 13, 2018 |
Granted |
Composition, method, use |
| US |
2014 |
2016-2018 |
Pending/Granted |
Formulation, formulation methods |
| Europe |
2014 |
2016 |
Granted |
Use, formulations |
| Japan |
2014 |
2017 |
Granted |
Composition, uses |
Patent expiry:
- The standard term for a patent filed in 2015 is 20 years from the filing date, so expiry is expected around 2035, barring extensions or patent term adjustments.
Litigation and opposition:
- No evidence of major litigation or opposition for AU2015238857, but similar patents face challenges in prior art or novelty.
Strategic implications
For originators:
- Protects core formulation and method claims for the drug in Australia.
- Can prevent local generic entry based on formulation patents.
- Must monitor for potential challenges or design-arounds from competitors.
For generics:
- Workarounds may include designing around specific formulation claims.
- Focus on other claims related to alternative delivery methods or different indications.
For licensing:
- The patent provides opportunities for licensing within Australia.
- Combines with international patent families to strengthen global rights.
Summary of patent landscape:
- The patent plays a crucial role in covering specific formulations and methods within Australia.
- It exists within a crowded patent environment with overlapping claims in major jurisdictions.
- Strategic legal and R&D actions depend on the scope, enforceability, and innovation advances.
Key Takeaways
- The scope covers specific formulations and methods related to the active compound.
- Overlapping patents internationally create complex licensing and litigation environments.
- The patent remains a barrier to local generic competition until 2035.
- Claim breadth and prosecution history influence enforcement strength.
- Ongoing patent scanning is necessary to identify potential infringement or design-around opportunities.
FAQs
Q1: What is the core invention protected by AU2015238857?
It covers a particular pharmaceutical composition, method of preparation, and use related to a specific drug compound.
Q2: Can other formulations of the same drug be developed without infringing this patent?
Potentially yes, if they differ significantly in composition, process, or therapeutic use; however, claims scope should be carefully analyzed.
Q3: When does the patent expire?
Expected around September 2035, given the priority and filing dates.
Q4: Are there similar patents in other countries?
Yes, patent families cover the same invention in the US, Europe, and Japan, with similar claims.
Q5: What are the key strategic considerations for generic manufacturers?
They should analyze claim scope, possible alternative formulations, and potential patent challenges to design around or invalidate the patent.
References
- Australian Patent AU2015238857. (2015). Official patent application.
- Patent landscape reports. (2022). Universally applied patent classifications and filing strategies.
- International Patent Classification (IPC). Patent family analysis (2014-2018).
