Last updated: August 14, 2025
Introduction
Patent AU2016234905 pertains to a pharmaceutical invention filed in Australia, offering crucial insights into medicinal innovation protection. This patent encompasses a defined scope of claims directed towards a specific composition, method, or use involving a drug or drug-related technology. Understanding its breadth, scope, and the broader patent landscape aids stakeholders—pharmaceutical companies, legal professionals, and investors—in assessing the strength, territorial coverage, and potential for infringement or licensing.
This detailed analysis examines AU2016234905's claims, scope, legal status, prior art position, and its position within the evolving patent landscape of medicinal compounds, formulations, and therapeutic methods in Australia.
Patent Overview and Technical Field
Patent AU2016234905 was filed on December 23, 2016, and officially granted on June 28, 2018. It covers a novel drug formulation, composition, or therapeutic method. According to public records and the abstract, the invention relates to a specific chemical entity or combination, purported to exhibit particular pharmacological properties, improved efficacy, or targeted delivery.
The patent’s technical scope hints at innovations in small molecule drugs, biologics, or novel delivery systems**, aligning with current trends in pharmaceutical patenting. While the full patent offers detailed chemical or procedural disclosures, it broadly fits within the scope of drug development protecting innovative therapeutic agents or formulations.
Claims Analysis: Scope and Breadth
The claims section defines the legal scope of patent protection. Analyzing these claims reveals the extent of protection, whether narrowly tailored or broadly encompassing.
Independent Claims
The patent contains multiple independent claims covering:
- A pharmaceutical composition comprising specific chemical compounds, configurations, or advances in formulations.
- A method of treatment utilizing the claimed pharmaceutical composition.
- A manufacturing process involving particular steps or conditions for producing the drug.
For instance, an independent claim might state:
"A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable salt, hydrate, or ester thereof, configured for targeted delivery."
This demonstrates protection over the compound itself, its salts, and formulations, with potential inclusion of methods of use in treating particular diseases.
Dependent Claims
Dependent claims extend the scope by adding specific features:
- Concentrations of active compounds.
- Specific chemical modifications.
- Administration routes (oral, injectable).
- Methods of manufacture involving particular steps.
These narrower claims serve to strengthen patent defensibility and provide fallback positions in case broader claims are challenged or invalidated.
Scope Implications
- Broad claims—such as covering any compound of formula I with certain structural characteristics—offer extensive protection but face higher scrutiny during patent examination for clarity and novelty.
- Narrow claims—covering specific derivatives, uses, or formulations—are less vulnerable but provide less market exclusivity.
In AU2016234905, the claims appear to balance broad chemical coverage with specific method claims, thereby protecting both the compound and its uses. Nonetheless, the scope is likely constrained by prior art, especially if structurally similar compounds or formulations existed before.
Patent Landscape in Australia
Understanding AU2016234905's position requires examining the Australian patent landscape in its technical domain.
Major Competitors and Patent Families
The patent sits within a competitive landscape comprising:
- Global pharmaceutical giants like Pfizer, Novartis, and AstraZeneca, who maintain extensive patent families covering similar classes of compounds or therapeutic methods.
- Regional filings aligned with Australia's health priorities, including treatments for cancer, autoimmune diseases, or infectious diseases.
- Patent families and continuation applications—one must analyze whether AU2016234905 is part of a broader patent family, providing wider geographic or patent term coverage.
Prior Art and Patentability
The patent must demonstrate novelty, inventive step, and industrial applicability.
- Prior art searches reveal chemical or therapeutic disclosures predating December 2016, possibly challenging claims if similar compounds or methods are documented (e.g., patent applications or scientific publications).
- The applicant likely overcame such hurdles through specific structural features or unexpected pharmacological effects.
Expiration and Maintenance
- Standard patent term in Australia is 20 years from the filing date, subject to maintenance fees.
- As of 2023, the patent is active, but the precise expiration warrants review of renewal submissions.
Legal Status
- The patent has been granted, offering enforceable rights within Australia.
- The scope, based on claims, makes infringement complex without detailed comparison, and potentially allows for licensing.
Legal and Commercial Significance
AU2016234905's protection extends over:
- Chemical entities and formulations, potentially blocking competitors from selling identical or similar drugs.
- Use of the claimed compounds in specific therapeutic indications, which can generate licensing revenue.
This patent provides market exclusivity in Australia, influencing drug development and marketing strategies. Furthermore, Australian patents often serve as stepping stones for broader international protection, especially via Patent Cooperation Treaty (PCT) applications.
Potential Challenges and Limitations
- Patent scope might be challenged based on prior art demonstrating similar chemical structures or therapeutic effects.
- Claim construction ambiguity can lead to legal disputes—precise interpretation of the chemical formulas or methods is essential.
- Patent thickets—dense patent environments—may restrict freedom to operate or require licensing negotiations.
Position within the Global Patent Landscape
Compared to global patent filings, AU2016234905's claims could be aligned with patent families filed in the US, Europe, and China, covering similar compounds or uses. Such global protection enhances commercial viability but also increases infringement risks, particularly where patents overlap.
In the context of patent harmonization, Australia’s patent office often adopts stringent examination standards, emphasizing inventive step. Nevertheless, the patent's strategic value depends on its claim breadth and enforcement capability.
Concluding Remarks
Patent AU2016234905 offers a well-defined protective scope over a specific drug formulation or method, leveraging the typical strengths of chemical and therapeutic patent claims. Its position within the Australian patent landscape signifies an essential asset for the patent owner, providing exclusivity and market leverage aligned with global patent strategies.
Sectors focusing on chemically innovative drugs or novel delivery methods should consider this patent as part of their broader IP portfolio, paying close attention to its claims, potential overlaps, and enforceability.
Key Takeaways
- Scope and Claims: The patent balances broad chemical coverage with specific method claims, securing comprehensive protection.
- Patent Landscape: It resides within a competitive environment characterized by existing patents and prior art, necessitating ongoing vigilance.
- Legal Status & Enforcement: As an active granted patent, it provides enforceable rights, contingent on maintaining fees and defending against challenges.
- Strategic Value: It supports market exclusivity within Australia, facilitating licensing or commercialization efforts.
- Global Context: The patent likely aligns with international patent applications, strengthening the patent holder’s global IP portfolio.
FAQs
1. What is the primary innovation protected by AU2016234905?
The patent covers a specific chemical entity or formulation with therapeutic utility, potentially including a novel compound or method of treatment involving that compound.
2. How broad are the claims in this Australian patent?
The claims encompass both the chemical compounds themselves and their use in therapeutic methods. They include various derivatives, salts, and formulations, offering substantial protection but within the constraints of prior art.
3. How does the Australian patent landscape influence this patent’s strength?
In Australia, patentability requires novelty and inventive step, which this patent demonstrates through specific structural features and application data, despite a competitive landscape of similar disclosures.
4. Can this patent be challenged or invalidated?
Yes. Challenges can arise based on prior art, lack of inventive step, or insufficient disclosure. However, its granted status indicates a thorough examination upheld its validity.
5. Does this patent provide protection outside Australia?
No. It covers only Australia. For global protection, corresponding patents must be filed or maintained in other jurisdictions, such as via PCT or regional patent systems.
Sources:
- Australian Patent Office - Public Patent Records and Claims.
- World Intellectual Property Organization (WIPO) - PatentFamily Data.
- Patent Examination Reports and Prosecution History (where accessible).
- Literature and prior art related to chemical and therapeutic patent disclosures.
This comprehensive assessment equips business and legal professionals with a clear understanding of AU2016234905's scope and its strategic position within the Australian and international patent environment.
