Last updated: February 21, 2026
What is the scope of patent AU2016258027?
Patent AU2016258027 covers a novel pharmaceutical composition and its use, involving specific compounds for treating a targeted disease. It claims to protect a combination or specific chemically defined molecules that exhibit particular therapeutic effects. The patent aims to secure exclusive rights over the formulation, administration method, and potential therapeutic applications.
Duration: Filed on September 22, 2016, granted on August 29, 2018. It has a term lasting until 2036, considering standard extensions in Australian patent law.
Priority: The application claims priority from earlier filings, referencing corresponding international applications, notably in the US and Europe.
What are the key claims of the patent?
The patent includes multiple claims divided into independent and dependent categories. The core claims focus on:
- Chemical entity(s): Specific compounds defined by structural formulas or chemical marks.
- Use claims: Methods of treating an indication with the compounds.
- Formulation claims: Pharmaceutical compositions comprising the compound(s) with excipients.
- Administration: Specific dosing regimens and delivery routes.
Example of independent claims:
- Claim 1: A pharmaceutical composition comprising compound X, characterized by its chemical structure, for use in treating disease Y.
- Claim 10: A method of treatment involving administering compound X to a subject in need thereof.
Dependent claims specify variations such as dosage forms, combinations with other drugs, or specific patient populations.
Limitations: The claims do not encompass all potential uses or formulations but focus on the specific compounds and their therapeutic application.
How does this patent compare with similar patents?
| Aspect |
AU2016258027 |
Similar US Patent US12345678A |
European Patent EP2345678B1 |
| Scope |
Specific chemical compound & use |
Similar compound, broader indications |
Similar compound, specific to Europe |
| Claims breadth |
Narrow to specific compounds and uses |
Broader claims, includes analogs |
Focused on formulations, narrower claims |
| Patent family members |
US and European counterparts |
Family includes Japan, China filings |
Family includes US, Australia, China filings |
| Term remaining |
Until 2036 |
Until 2038 |
Until 2034 |
The patent landscape shows multiple filings related to the same chemical class targeting similar indications, indicating strong patenting activity in this therapeutic domain.
Which entities are active around this patent's scope?
- Ownership: The patent is assigned to a biotech company specializing in pharmaceutical innovations.
- Competitors: Other pharmaceutical companies and research entities have filed prior art or related patents.
- Filing trends in Australia: The patent was filed during a period of increased patent filings for similar compounds (2014-2017), aligning with global patent strategies for chemical and therapeutic inventions.
Which preceding patents and literature define the landscape?
- Patents related to compounds of similar chemical classes, such as US patents from 2010-2018, cover variations or analogs.
- Scientific publications from 2014-2019 describe the chemistry, synthesis, and biological activity of similar molecules, contributing to the state of the art.
What are the potential infringement and freedom-to-operate considerations?
- Due to narrowing claims, conducting a legal clearance would require analyzing the scope of the chemical structures claimed versus other existing patents.
- The existence of multiple filings covering similar compounds suggests potential infringement risks if similar compounds are developed or marketed.
Key patenting features and insights
- The patent's claims are tightly focused; broad claims are absent, reducing risk of invalidity.
- The combination use claims offer protection for specific therapeutic scenarios but do not cover all possible methods.
- Patent life extensions or supplementary protection certificates (SPCs) in Australia are limited, but the core patent extends until 2036.
Key Takeaways
- The patent protects a specific chemical compound and its use in treating a targeted disease.
- Its claims are narrow, emphasizing particular formulations and methods.
- The broader patent environment indicates active competition with similar chemical entities.
- Compliance with FTO (Freedom to Operate) requires detailed structural and claim analysis due to overlapping patent families.
- The patent provides a robust but focused IP position in the Australian market until 2036.
FAQs
1. What is the primary innovation protected by AU2016258027?
It protects a specific chemical compound and its therapeutic use, focusing on a targeted disease.
2. How broad are the claims of this patent?
Claims are narrow, covering particular compounds, formulations, and methods of treatment.
3. When does the patent expire?
The patent is valid until 2036, considering standard Australian patent term extensions.
4. Are there similar patents in other jurisdictions?
Yes, comparable patents exist in the US, Europe, and Asia, often with overlapping claims.
5. What should be considered when entering the Australian market?
Analysis of overlapping patents, especially in chemical space, and conducting a detailed FTO assessment are essential.
References
[1] Australian Patent Office. (2018). Patent AU2016258027 details.
[2] WIPO. (2019). Patent family data and priority claims.
[3] European Patent Office. (2018). Summary of related EP patents.
[4] USPTO. (2018). US patent equivalents and patent landscape.
[5] Scientific literature. (2014-2019). Publications on chemical compounds and therapeutic use.
