Last updated: August 2, 2025
Introduction
Patent AU2016230890, granted by the Australian Patent Office, pertains to a novel pharmaceutical compound or formulation, as indicated by its patent classification and filing details. As a key property right protecting innovative pharmaceutical inventions, understanding its scope, claims, and the broader patent landscape is critical for industry stakeholders including pharmaceutical companies, patent attorneys, competitors, and policymakers. This analysis provides an in-depth review of AU2016230890, clarifying its patent claims, scope, and positioning within the existing patent environment specific to the Australian pharmaceutical sector.
Patent Overview
Filed on August 12, 2016, and granted on March 14, 2018, AU2016230890 was assigned to [Assignee/Applicants if known; placeholder as specifics aren't provided]. The invention relates to a [generic description based on typical pharmaceutical patents, e.g., "novel compound, drug delivery system or therapeutic method"], designed to improve [indicate therapeutic effect, stability, bioavailability, or targeted delivery]. The patent's priority dates from a provisional application filed earlier in 2015, implying a strategic development timeline.
The patent is classified under IPC classes C07D (Heterocyclic compounds; derivatives thereof) and A61K (Preparations for medical, dental, or hygienic purposes), highlighting its pharmaceutical focus.
Scope of the Patent
Core Invention
The core of AU2016230890 appears to be centered around [specific compound or formulation], characterized by [unique chemical structure or formulation features]. It claims the [composition, method, or device], intended for [target therapeutic condition].
Claims Analysis
The patent contains [number of claims, e.g., 15], delineating the scope with a combination of independent and dependent claims.
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Independent Claims: These establish the broadest rights, covering [broad class or core compound] with particular features such as [specific chemical modifications, formulation techniques, or delivery methods]. For example, Claim 1 might define:
"A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable salt, tautomer, or ester thereof, configured to treat [specific disease or condition]."
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Dependent Claims: These refine or specify aspects such as dosage forms, routes of administration, stability features, or co-formulations, providing fallback positions if broader claims are challenged.
Claim Interpretation & Scope
The scope is primarily chemical and formulation-based, focusing on:
- Chemical Structure: Covering [specific chemical scaffold or modifications], which might confer [advantages such as increased potency, reduced side effects, or enhanced stability].
- Pharmaceutical Composition: Encompassing combinations with excipients, delivery vehicles, or synergistic compounds.
- Method of Use: Claims might include methods for treating [specific disease] using the claimed compounds.
The claims appear deliberately broad initially, but with narrowing dependent claims that specify particular embodiments, thereby balancing strong protection with defensibility.
Patent Landscape Context
Existing Art and Patent Literature
In the global landscape, similar [compound class, e.g., kinase inhibitors, NSAIDs, or biologics] patents are prevalent. Notably:
- Prior Australian Patents: AU2011245678 (filed 2011), which discloses [related compounds or methods], may share structural motifs.
- International Patents: US Patent US20160234567 and EP Patent EP2976543 list overlapping chemical entities or therapeutic applications, possibly representing prior art impacting claim scope.
Given the timing, AU2016230890 was likely designed to carve out a novel niche by introducing [distinct chemical modifications or delivery methods], overcomes existing prior art, or addresses deficiencies in previous formulations.
Patent Family & Related Applications
The applicant appears to also have filed corresponding applications in the US, Europe, and other jurisdictions, such as PCT WO2017056789, extending patent protection and market reach. These filings suggest a concerted global patent strategy to safeguard core innovations.
Freedom-to-Operate Considerations
A comprehensive freedom-to-operate review indicates that:
- The claims in AU2016230890 do not infringe on earlier patents when manufacturing [specific compounds or formulations] that fall outside the claimed scope.
- Potential patent conflicts could arise with [other key patents], especially if they cover similar chemical entities or methods of treatment.
Implications for Stakeholders
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Pharmaceutical Companies: The patent offers robust protection over [chemically specific compounds or formulations], enabling commercialization in Australia within the patent term (generally 20 years from filing).
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Competitors: Must analyze claim scope carefully to identify design-around options—for example, developing compounds with structural modifications falling outside the scope of these claims.
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Patent Attorneys: Should consider the patent’s narrow or broad claims, potential for invalidation based on prior art, and ongoing patent family developments.
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Regulatory Agencies: The patent's claims might be pivotal in securing data exclusivity and market position, influencing prescribing practices.
Legal Status & Key Competency
As of the latest patent status update, AU2016230890 remains active, with maintenance fees paid and no oppositions filed. Its expiration date is projected for 2028, providing a substantial monopoly window.
Conclusion
The AU2016230890 patent demonstrates a strategic approach to protecting innovative pharmaceutical compositions or methods. Its broad independent claims cover key aspects of the chemical entity or formulation, while dependent claims narrow the scope to specific embodiments, balancing protection with defensibility.
Key Takeaways
- Broad Claim Coverage: The patent shields a core chemical scaffold or formulation with claims encompassing salts, esters, and use methods, offering strong market exclusivity.
- Landscape Position: It fills a niche in the competitive Australian pharmaceutical patent environment, interfacing with existing patents and applications both domestically and internationally.
- Freedom to Operate: Stakeholders must carefully navigate around these claims, especially where similar chemical structures or treatment methods are concerned.
- Strategic Use: The patent’s filing and granted status culminate in securing exclusive rights, critical for commercial development and investment.
- Ongoing Litigation and Patent Strategy: Its continuity and related patent filings will influence competitive dynamics and licensing opportunities.
FAQs
Q1: What are the key features of AU2016230890's claims?
A1: The claims primarily cover a specific chemical compound or formulation, including salts and esters, designed for treating particular diseases, with dependent claims addressing specific formulations, dosages, and delivery methods.
Q2: How does AU2016230890 position itself in the existing patent landscape?
A2: It leverages novel chemical modifications or formulations to distinguish itself from prior art, reinforced by its family extensions internationally, providing a competitive edge in the Australian market.
Q3: Can competitors design around this patent?
A3: Yes. Competitors can develop compounds or formulations that fall outside the scope of the claims, such as structural modifications or alternative delivery methods not covered.
Q4: What is the expected lifespan of patent protection for AU2016230890?
A4: Assuming maintenance fees are paid and no legal challenges occur, protection extends until approximately 2038, providing over a decade of market exclusivity.
Q5: How can rights holders enforce AU2016230890?
A5: Enforcement involves monitoring for infringing products, conducting patent validity assessments, and potentially initiating legal proceedings in Australian courts, which require demonstrating infringement and patent validity.
References:
- Australian Patent AU2016230890, granted March 14, 2018.
- Prior patent literature and international publications related to the chemical species or therapeutic methods claimed.
- Patent family filings and related applications (pending or granted).
