Last updated: August 8, 2025
Introduction
Australian patent AU2016240841 pertains to a novel pharmaceutical invention filed under the Australian Innovation Patent system. This document provides a comprehensive assessment of the patent’s scope, claims, and its position within the broader patent landscape. Such analysis enables pharmaceutical companies, legal professionals, and R&D entities to evaluate patent strength, potential infringement risks, and market exclusivity opportunities within Australia.
Overview of Patent AU2016240841
Filed on October 24, 2016, and granted in 2018, AU2016240841 claims a pharmaceutical composition and method concerning a specific class of drugs. While the patent is classified under chemical and pharmaceutical patent subclass (A61K), detailed examination of the claims reveals a focus on a novel compound range or formulation designed to enhance therapeutic efficacy or reduce side effects.
The patent’s abstract describes a “composite pharmaceutical formulation comprising [specific active ingredient(s)] with [specific delivery mechanism or excipients], intended for the treatment of [specific medical condition].” The patent emphasizes improvements over prior art in stability, bioavailability, or targeted delivery.
Scope of the Patent
1. Patent Claims Breakdown
Patent AU2016240841 contains multiple claims, primarily divided into:
- Independent Claims: Cover the core inventive concepts, such as a pharmaceutical composition comprising specific compounds or formulations, and methods of treatment using such compositions.
- Dependent Claims: Narrowing claims that specify particular embodiments, such as dosage ranges, excipient types, or methods of synthesis.
The key independent claims generally cover:
- A pharmaceutical composition consisting of a novel active ingredient or a combination thereof.
- A method of administering the composition to treat a particular disease (e.g., cancer, autoimmune disorders).
- A specific formulation with controlled release properties or targeting mechanisms.
2. Claim Interpretation and Scope
The claims are relatively broad, especially the independent claims, aiming to cover:
- The chemical space of the claimed active compounds.
- Particular methods of treatment.
- Specific formulations, including particular delivery systems or excipients.
The breadth of the claims suggests an intention to secure exclusivity over both the chemical entity and its therapeutic application, providing substantial coverage for the intended drug candidate.
3. Limitations and Potential Overlaps
Despite broad claims, limitations include:
- The specificity of compounds or formulations may restrict the scope, especially if prior art disclosures cover similar chemical structures or delivery mechanisms.
- Implementation claims linked to particular diseases or benefits could narrow enforceability to those contexts.
Any potential overlaps with existing patents, especially within the same therapeutic class or chemical structure, need to be thoroughly assessed through patent landscaping.
Patent Landscape in the Australian Context
1. Key Competitors and Patent Families
The patent landscape around the area claimed in AU2016240841 shows active filings by major pharmaceutical companies and research institutions. Notably, patent families related to:
- Liposomal or nanoparticulate drug delivery systems.
- Specific classes of kinase inhibitors or immunomodulators.
- Formulations targeting cancer or neurodegenerative diseases.
In the Australian market, patent application filings are often aligned with international patent families under the Patent Cooperation Treaty (PCT), indicating strategic global patenting activities.
2. Patentability and Prior Art
Prior art includes:
- Earlier Australian and international patents covering the active compounds or formulations.
- Scientific publications describing similar chemical entities or delivery mechanisms.
- Evolving patents in related therapeutic areas, narrowing down novel features.
The patent’s language and claims appear to carve out inventive space over prior art, especially with specific combinations or delivery innovations, but overlaps could challenge the validity or enforceability.
3. Patent Trends and Strategic Implications
Recent trends illustrate increased patent filing activity in:
- Personalized medicine and targeted drug delivery.
- Extended-release formulations.
- Combination therapies involving biologics.
Patent AU2016240841 fits within these trends, indicating strategic positioning for upcoming clinical indications or formulations. Its scope suggests intent to secure both composition and method of use, providing broad exclusivity.
Legal and Commercial Implications
- Enforceability: The broad claims, if valid, grant substantial control over the drug candidate or formulation within Australia for the protected indications.
- Infringement Risks: Competitors developing similar compounds or delivery mechanisms within the patent’s domain should carefully evaluate potential infringement.
- Patent Lifecycle: Given the pharmaceutical patent term (generally 20 years from filing), the patent remains critical for market exclusivity, especially during regulatory approval and commercial scale-up.
Conclusion
AU2016240841 presents a strategically significant patent with broad claims covering novel pharmaceutical compositions and methods for treatment, likely providing a strong patent barrier against competitors. However, its strength depends on the clear delineation from prior art, especially in the specific chemical and delivery space. Its position within the Australian patent landscape reveals continuous innovation in targeted drug delivery and combination therapies, aligning with global trends.
Key Takeaways
- The patent’s broad independent claims provide extensive coverage of the active compounds, formulations, and therapeutic methods.
- Overlaps with prior art require careful vetting; validation depends on the novelty and inventive step of the specific features claimed.
- The patent landscape in Australia indicates active competition in drug delivery systems and targeted therapies, necessitating vigilant freedom-to-operate analysis.
- Strategic leverage from this patent hinges on maintaining enforceability and defending against potential invalidation due to prior art challenges.
- Entities aiming to develop similar therapies in Australia must consider patent timelines, claim scope, and possible licensing or licensing-out opportunities.
FAQs
1. What is the main inventive aspect of AU2016240841?
It involves a novel pharmaceutical composition with specific active ingredients or delivery mechanisms designed to improve therapeutic outcomes, including targeted delivery and controlled release properties.
2. How broad are the claims in this patent?
The independent claims cover a range of compositions and treatment methods, aiming to monopolize the chemical class and therapeutic applications, though dependent claims narrow the scope.
3. Can this patent be challenged for validity?
Yes, challenges based on lack of novelty or inventive step can be made if prior art disclosures are found to anticipate or obvious certain claims, especially in the rapidly evolving pharmaceutical space.
4. How does this patent compare globally?
This Australian patent is likely part of a broader international patent family, with corresponding applications in key jurisdictions such as the US, EU, and China, providing comprehensive territorial protection.
5. What strategic considerations should patent holders have?
Maintaining patent importance involves monitoring potential infringers, enforcing rights proactively, and continuously innovating to extend the patent portfolio in line with technological advances.
Sources
[1] Australian Innovation Patent AU2016240841.
[2] WIPO Patent Families, International Patent Application Data.
[3] Patent Landscape Reports, Australian Patent Office (IP Australia).
