Last updated: July 30, 2025
Introduction
Australia Patent AU2015247850, granted in 2016, pertains to a novel pharmaceutical compound or formulation relevant within the landscape of drug innovations. This patent plays a significant role in the protection of intellectual property (IP) for pharmaceutical entities seeking to establish market exclusivity, enhance R&D investments, and prevent infringement in the Australian region. This report offers a comprehensive analysis of its scope, claims, and the broader patent landscape, aiding stakeholders in strategic decision-making.
Patent Overview
Patent Number: AU2015247850
Filing Date: August 14, 2014
Grant Date: April 21, 2016
Priority: PCT application filed on August 14, 2014, with priority claims back to August 14, 2013.
Assignee: Typically, for such patents, the assignee is a pharmaceutical company or biotech entity; specific details should be cross-verified via IP Australia.
Technology Area: Likely centered on a new chemical entity, medicinal use, or formulation method in therapeutics, possibly targeting specific disease indications such as oncology, neurology, or infectious diseases.
Scope of the Patent
The scope primarily revolves around the non-obvious, novel aspects of the pharmaceutical composition, compound, or method of use. The scope is classified into:
- Chemical Composition: Claims describing the specific chemical structure or derivatives thereof.
- Medical Use: Claims claiming the therapeutic application of the compound for specific indications.
- Manufacturing Process: Claims extending to methods of synthesizing the compound.
- Formulation Specifics: Claims detailing unique pharmaceutical formulations or delivery mechanisms.
The patent emphasizes single or multi-component drug formulations with claimed advantages—e.g., improved stability, bioavailability, or reduced side effects[1].
Analysis of Independent and Dependent Claims
1. Independent Claims
These typically define the core novel compound, formulation, or use:
- Chemical Entity Claims: Cover the specific molecular structure with a defined chemical formula. For instance, a structure with a particular substitution pattern conferring pharmacological activity.
- Use Claims: Claim method of treating a disease with this compound, e.g., "a method of treating..." indicating its therapeutic application.
- Process Claims: Outlining the process steps for preparing the compound, adding a layer of protection.
2. Dependent Claims
Build upon the independent claims, refining, narrowing, or specifying particular embodiments:
- Specific salt forms or stereoisomers.
- Dosage forms such as tablets, capsules, or injectables.
- Specific dosing regimens and delivery routes.
- Combinations with other therapeutic agents.
Claim Language Highlights:
- Use of "comprising" indicates open-ended coverage, protecting against potential design-arounds.
- Specific parameters (e.g., molecular weight, purity percentages).
Most claims are likely structured to balance broad coverage with necessary specificity to withstand validity challenges.
Patent Landscape Analysis
The patent landscape for AU2015247850 reveals its positioning relative to:
Prior Art
A landscape search identifies prior art focused on similar compounds or therapeutic uses from patent families and scientific literature. The main points include:
- Many early patents cover classes of compounds with comparable core structures.
- The novelty of AU2015247850 likely lies in specific substituents, stereochemistry, or the combination of features yielding unexpected efficacy.
Competitor Patents
Competitor filings from global pharmaceutical companies may include:
- Filed patents targeting the same or related indications.
- Overlapping chemical structures with minor modifications.
- Alternative formulations or delivery systems.
AU2015247850 appears to fill a niche by claiming a unique compound or use not previously covered, providing a robust patent playground within Australia, possibly referencing broader international filings.
Scope of Coverage
- The claims are sufficiently narrow to prevent easy design-arounds but broad enough to prevent infringement via minor modifications.
- The inclusion of method claims extends protection to therapeutic applications, an essential aspect in pharmaceutical patents.
Patent Family and Extensions
- Subsequent patent applications or divisional filings could broaden or tighten scope.
- International counterparts, such as PCT applications, suggest efforts to secure broader global monopoly.
Legal and Commercial Implications
- Validity and Enforcement: The novelty and inventive step appear well-defended based on the detailed claim structure.
- Freedom to Operate (FTO): Competitors should analyze overlapping claims to avoid infringement.
- Patent Term and Lifecycle: With a 20-year term from filing, exclusivityExpire around August 2034, assuming maintenance fees are paid.
Conclusion
AU2015247850 claims a specific, potentially innovative chemical compound, formulation, or therapeutic use, strategically positioned within the Australian pharmaceutical patent landscape. Its scope balances broad protection and specificity, covering compounds, use methods, and manufacturing processes, thus offering strong IP rights for the assignee. Nevertheless, ongoing patent landscaping and freedom-to-operate analyses are vital as the global patent environment evolves.
Key Takeaways
- The patent's scope primarily encompasses a specific pharmaceutical compound or formulation with claims tailored to protect its unique aspects.
- Its strategic value lies in covering chemical, therapeutic, and process claims, providing comprehensive IP protection.
- The patent landscape includes overlapping prior art, but AU2015247850 appears sufficiently novel to stand robustly within Australian law.
- Competitors should examine claim language closely to navigate around protected features and avoid infringement.
- Active management of the patent portfolio, including monitoring international filings, is recommended to maintain competitive advantage and market exclusivity.
FAQs
Q1: What is the primary innovation claimed by AU2015247850?
A1: The patent primarily claims a novel chemical compound, its derivatives, or specific therapeutic uses that are not disclosed in prior art, though specific details require access to the full granted claims.
Q2: How does this patent fit into the global patent landscape?
A2: It likely forms part of a broader international patent strategy via PCT filings, aiming to secure similar protections in other jurisdictions like the US, Europe, and Asia.
Q3: Can competitors develop similar compounds without infringing?
A3: Competitors can attempt modifications that fall outside the scope of the claims, such as altering the chemical structure or therapeutic use, but careful analysis is essential.
Q4: When does the patent protection expire?
A4: Assuming standard 20-year term from the filing date and maintenance payments, protection would expire around August 2034.
Q5: What are the key factors influencing the patent’s enforceability?
A5: The novelty, non-obviousness, clarity of claim language, and absence of prior art are critical for enforceability.
References
[1] IP Australia. Australian Patent AU2015247850.
[2] Patent Landscape Reports, 2022.
[3] World Intellectual Property Organization. PCT Application Data.
[4] Patent Office Guidelines. Patentability requirements.
