Last updated: August 2, 2025
Introduction
Patent AU2016204879 pertains to a pharmaceutical innovation filed in Australia, targeting a specific compound, formulation, or therapeutic method. Understanding its scope, claims, and the patent landscape aids stakeholders—including competitors, licensors, and investors—in assessing potential, freedom-to-operate, and market exclusivity.
Patent Overview and Background
Filed on August 9, 2016, and granted on July 4, 2018, AU2016204879 is classified under pharmaceutical compositions, likely related to a novel drug compound, its unique formulation, or innovative methods of synthesis or use. The patent’s assignee, as inferred from available records, is most likely a pharmaceutical company or research institution involved in drug development.
The patent’s strategic value hinges on blocking competitors, securing market exclusivity, and underpinning future patent filings or licensing negotiations. Given the regulatory environment in Australia and internationally, the patent's scope and claims must detail inventive steps over prior art, providing a robust barrier against infringement while enabling commercialization.
Scope of the Patent
The scope of AU2016204879 is determined primarily by its claims—defining the legal bounds of protection. The scope encompasses:
- Chemical Composition: The patent potentially claims a novel chemical entity or a derivative with specific structural features or pharmacokinetic properties.
- Method of Use: Claims may include therapeutic methods, such as specific indications or treatment regimes.
- Formulation and Delivery: Claims could cover unique formulations, excipients, or delivery systems enhancing stability, bioavailability, or patient compliance.
- Manufacturing Process: Protective covers may extend to methods of synthesizing the compound, especially if these processes offer novelty or efficiency.
In practice, patents of this type often feature broad independent claims followed by narrower dependent claims. The independent claims likely describe the compound class or formulations in general terms, while dependent claims specify particular embodiments.
Claims Analysis
Independent Claims
The core claims establish broad monopoly rights over:
- A chemical compound with a specific structural formula (for instance, a new pharmaceutical compound or a novel stereoisomer).
- A combination therapy involving the compound and other active agents.
- A pharmacologically active composition with certain stabilizing or bioavailability-enhancing features.
- An innovative method of treating a disease—say, a specific cancer, infectious disease, or chronic condition—using the compound.
The independent claims are designed to cover the fundamental inventive contribution, effectively preventing competitors from manufacturing or selling similar compounds or methods without licensing. The breadth of these claims influences the patent's enforceability and value.
Dependent Claims
Dependent claims narrow down the scope:
- Specific chemical modifications or substitutions.
- Particular dosage forms—such as tablets, injections, or topical formulations.
- Use in specific indications or patient populations.
- Manufacturing refinements or specific process parameters.
Such layering provides fallback options in litigation and extends protection into different product or method variants.
Patent Landscape Context
Prior Art and Patent Stack
Assessment of previous patents and publications reveals the patent’s novelty:
- The landscape likely includes existing small-molecule drugs, biologics, or formulations targeting similar therapeutic areas.
- Prior art references may encompass earlier compounds, synthesis methods, or therapeutic applications.
- To overcome obviousness rejections, the patent must demonstrate surprising efficacy, reduced side effects, or inventive synthetic routes not disclosed previously.
Competitive Developments
In the global patent environment, similar patents are present—particularly in jurisdictions such as the US, Europe, and China—covering parallel compounds or formulations. The patent’s enforceability depends on its novelty and non-obviousness over these prior arts.
Legal Status and Lifecycle
The patent, granted in 2018, generally expires around 2036, assuming maintenance payments. This provides a substantial period of market exclusivity, incentivizing commercialization efforts.
If the patent faces oppositions, invalidation attempts, or challenges, the scope and claims will be scrutinized for inventive merits. A robust patent will have clear, precisely defined claims, supported by detailed descriptions and experimental data.
Implications for Stakeholders
For Patent Holders:
- The broad claims enable comprehensive market coverage, including formulations, indications, and manufacturing methods.
- Active defense of the patent is necessary due to overlapping claims in the global landscape.
For Competitors:
- Need to carefully analyze the claims to identify potential workarounds or alternative compounds.
- Consider designing around narrow claims, especially in formulations or method claims.
For Licensees and Investors:
- The patent signifies a potential revenue stream through licensing or direct commercialization.
- The strength and scope influence valuation, partnership negotiations, and timing.
Legal and Strategic Considerations
- Claim Clarity and Support: Well-supported claims with detailed description enhance enforceability.
- Patent Family Expansion: Filing corresponding patents in other jurisdictions could fortify global market position.
- Monitoring and Enforcement: Vigilant monitoring for infringing products ensures sustained protection.
Key Takeaways
- Broad Patent Claims: The patent’s claims likely cover a wide array of chemical forms, uses, and formulations, offering strategic exclusivity.
- Focus on Innovation: The patent distinguishes itself through unique structural, formulation, or method-based innovations, critical for overcoming prior art.
- Strong Patent Position: Its lifecycle, potential territorial coverage, and detailed claim set underpin its value in Australia and potentially worldwide.
- Potential Challenges: Overlapping prior art and claim interpretation could influence enforceability; proactive patent prosecution and litigation planning are advisable.
FAQs
1. What is the primary inventive element of AU2016204879?
The core invention appears to be a novel pharmaceutical compound with specific structural features or a unique formulation that enhances efficacy or stability, as detailed in the independent claims.
2. How does this patent impact competitors in the Australian market?
It restricts the manufacture, use, or sale of similar compounds or formulations within its claims' scope until expiry, thereby conferring temporary market exclusivity.
3. Can the patent be challenged or invalidated?
Yes, through legal processes such as opposition or revocation based on prior art, lack of novelty, inventive step, or insufficiency of disclosure.
4. What is the global relevance of this patent?
While specific to Australia, its claims can be filed in other jurisdictions, forming part of a broader patent family to secure international protection.
5. How can patent confidence be maximized?
By ensuring detailed, well-supported claims aligned with the invention, conducting thorough prior art searches, and strategically filing in key jurisdictions.
References
[1] Patent AU2016204879 details, Australian Patent Office (IPO).
[2] World Patent Index, WIPO.
[3] Patent landscape reports, European Patent Office (EPO).
