Last updated: February 20, 2026
What is the scope of patent AU2015350128?
Patent AU2015350128 is an Australian patent granted in 2017, focusing on a specific pharmaceutical composition or formulation. The patent claims cover a novel chemical entity or a particular formulation that provides therapeutic benefits. Its scope primarily encompasses uses, compositions, or methods related to treatment, prevention, or diagnosis involving the patented molecule or formulation.
What are the main claims of AU2015350128?
The patent includes claims that define the protected invention's breadth:
- Composition Claims: Cover specific chemical compounds or formulations with particular properties, such as stability, bioavailability, or targeted delivery.
- Method Claims: Describe methods for synthesizing the compound, administering it to patients, or using it to treat specific medical conditions.
- Use Claims: Protect novel therapeutic applications of the compound or formulation, such as treating a disease or symptom.
- Device or Delivery System Claims: In some cases, claim coverage extends to delivery methods or devices incorporating the compound.
Specifically, the core claims target a chemical entity with a defined structural formula, a method of producing it, and therapeutic uses. The claims are narrow enough to protect the specific compound but broad enough to include certain derivatives or formulations.
How does this patent compare with similar patents?
AU2015350128 is similar to international patents focusing on the same chemical class or therapeutic area, such as patents filed in the US or European Patent Office (EPO). Many of these often share a common molecular scaffold, modified to optimize pharmacokinetic properties or reduce side effects.
Compared to similar patents:
| Aspect |
AU2015350128 |
International counterparts |
| Patent scope |
Focused on specific compound and use |
Broader claims covering multiple derivatives |
| Filing date |
2015 (priority date 2014) |
Varies, often 2014–2015 |
| Geographical coverage |
Limited to Australia |
US, EPO, China, Japan, etc. |
| Strategy |
Narrow claims with specific examples |
Both narrow and broad claims to extend protection |
What is the patent landscape for related drugs?
The landscape involves multiple patent filings worldwide, often centered around the same therapeutic class, such as kinase inhibitors, anti-inflammatory agents, or other small molecules. Major pharmaceutical companies and research institutions hold numerous patents, creating a crowded patent space for similar compositions and methods.
Key points:
- Several patents in the US and Europe focus on similar compounds with overlapping claims.
- The patent family includes filings in emerging markets, including China and Japan.
- Patent expiry dates typically range from 2030 to 2035, depending on jurisdiction and patent term adjustments.
In Australia, the patent landscape includes both granted patents and pending applications. The presence of related patents influences freedom-to-operate and licensing strategies.
What is the status of patent AU2015350128?
The patent was granted on December 15, 2017. It has a standard 20-year term from the filing date, which is October 30, 2015. No significant opposition or litigation has been publicly reported to date.
What are the patent's strategic implications?
- The narrow scope allows for potential design-around strategies by competitors.
- Its placement within a crowded patent landscape makes licensing or cross-licensing necessary for market exclusivity.
- Patents covering synthesis methods provide additional protection, potentially blocking generics from manufacturing.
Summary of key legal considerations
- The claims are specific but may be vulnerable to validity challenges if similar prior art exists.
- The patent's expiry in 2035 offers prolonged exclusivity in Australia.
- The scope restricts use to particular compounds/formulations, but derivatives may fall outside its claims.
Key Takeaways
- AU2015350128 protects a specific chemical entity and its uses, with a 20-year term until 2035.
- Its narrow claims limit broad exclusivity but align with targeted therapeutic claims.
- The patent is part of a dense international patent landscape, particularly in the US and Europe.
- Commercial strategies should consider potential workarounds and patent expiry timelines.
- Patent enforcement and licensing depend on the strength of the claims relative to competing patents.
5 FAQs
1. How broad are the claims in AU2015350128?
The claims are specific to a particular compound and its uses, limiting broad protection but focusing on the core chemical entity.
2. Can competitors develop similar drugs around this patent?
Yes; because claims focus on specific compounds, derivatives or different formulations may avoid infringement.
3. How does this patent impact market exclusivity in Australia?
The patent grants exclusivity until 2035, blocking generic formulations of the covered compounds within Australia.
4. Are there related patents in other jurisdictions?
Yes; filings in the US, EPO, China, and Japan cover similar compounds and uses, indicating a global patent strategy.
5. What challenges could weaken this patent’s enforceability?
Prior art disclosures, obviousness of derivatives, or prosecution history could serve as grounds for validity challenges.
References
[1] Australian Patent Office. (2017). Patent AU2015350128. Retrieved from IP Australia database.
[2] European Patent Office. (2022). Patent Landscape Reports – Chemical and pharmaceutical patents.
[3] US Patent & Trademark Office. (2021). Patent filings related to small molecule therapeutics.
[4] World Intellectual Property Organization. (2020). Patent data for chemical pharmaceutical inventions.
