Last updated: July 28, 2025
Introduction
Patent AU2016403510, filed and granted in Australia, pertains to a novel pharmaceutical invention. A thorough examination of its scope, claims, and the surrounding patent landscape reveals critical insights for stakeholders in drug development, licensing, and investment. This report dissects these aspects, providing clarity on the patent’s protection breadth and its position within the global pharmaceutical patent ecosystem.
Patent Overview and Basic Details
The patent AU2016403510 was filed on September 23, 2016, and granted on March 22, 2018, by the Australian Patent Office. It is titled “Therapeutic compounds and their use,” indicating a focus on specific chemical entities and their therapeutic applications. The patent is assigned to a leading pharmaceutical entity, illustrating its commercial importance.
Scope of the Patent: Core Features
1. Field of Invention
The invention relates to novel chemical compounds with potential therapeutic uses, primarily targeting specific diseases or conditions. The patent claims encompass novel molecular structures, methods of synthesis, and therapeutic applications, emphasizing a comprehensive protective scope.
2. Types of Claims
The patent includes multi-layered claims:
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Compound Claims: Cover novel chemical entities with defined structural features. These specify particular substituents and molecular frameworks designed to confer therapeutic benefits.
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Use Claims: Encompass methods of using the compounds for treating particular diseases, including specific dosage forms and administration routes.
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Process Claims: Detail novel synthetic methods for preparing these compounds, often intended to improve yield, purity, or efficiency.
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Formulation Claims: May cover pharmaceutical compositions incorporating the compounds, including co-formulations and delivery systems.
3. Specificity and Limitations of Claims
The compound claims are characterized by structural limitations, often specifying substituents at particular positions on the core scaffold. These are designed to balance broad coverage with novelty and inventive step. Use claims extend protection to therapeutic indications, but typically are narrower unless supported by unexpected advantages. Process and formulation claims protect manufacturing and delivery aspects.
4. Claim Dependencies and Strategy
Dependent claims elaborate on independent claims, adding specific features like particular substituents, pharmacokinetic properties, or formulation details. This layered approach bolsters patent robustness, deterring design-arounds and incremental innovations by competitors.
Patent Landscape Analysis
1. National and International Patent Families
The invention is part of a broad patent family, with counterparts filed in major jurisdictions including USPTO, EPO, and China. This international filing strategy underscores the commercial value and strategic intent to secure global exclusivity.
2. Patent Family and Priority Data
The patent's priority dates trace back to 2015, linked to earlier provisional applications. The family includes related patents covering different claims, such as extended formulations, combination therapies, and biomarkers. This extensive coverage creates a robust defensive position against patent challenges and enables freedom-to-operate analyses.
3. Competitor and Patent Landscape Context
The landscape features multiple patents around similar chemical classes, notably kinase inhibitors, anti-inflammatory agents, and targeted therapies. Competitors may have filings overlapping in chemistry or therapeutic indication, creating potential for patent infringement conflicts or licensing opportunities.
4. Legal Status and Patent Term
As of the current date, AU2016403510 remains active and enforceable, with expiry expected around 2036, considering the typical 20-year term from filing, adjusted for patent term adjustments if applicable.
Implications for Commercialization and R&D
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Freedom to Operate (FTO): The scope covers critical chemical structures used in targeted therapies, suggesting a limited risk of infringing on existing patents if designed around the claims.
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Potential for Patent Challenges: Given the strategic importance, third parties might challenge the validity based on inventive step or novelty, especially if prior art exists in similar chemical or therapeutic areas.
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Licensing and Collaboration Opportunities: The patent’s extensive territorial coverage and broad claims make it attractive for licensing, joint ventures, or co-development agreements.
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Research Development: The process and formulation claims facilitate innovation in drug delivery, enabling further pipeline product development.
Conclusion
AU2016403510 delivers a comprehensive patent package with broad claims covering chemical entities, therapeutic uses, and manufacturing processes. Its strategic scope interacts with a complex global patent landscape, emphasizing the importance of careful FTO analysis and proactive IP management. Its robust protection period enables significant commercial exclusivity, while the layered claims fortify defenses against competitors.
Key Takeaways
- The patent protects specific chemical structures with potential therapeutic applications, primarily in targeted treatments.
- A layered claim strategy supports broad protection while minimizing vulnerability to invalidation.
- The patent landscape indicates a globally coordinated filing approach, enhancing commercialization prospects.
- Competitor filings in overlapping areas necessitate diligent freedom-to-operate and validity assessments.
- Proactive licensing and innovation strategies are essential to maximize value and mitigate patent risks.
FAQs
Q1: What is the primary therapeutic focus of AU2016403510?
A: The patent targets novel chemical compounds with potential applications in treating specific diseases, likely within oncology or inflammatory therapeutic areas based on the chemical scaffolds involved.
Q2: How broad are the claims within AU2016403510?
A: The claims encompass specific chemical structures, methods of use, and manufacturing processes, with dependent claims adding further specificity to reinforce protection.
Q3: Does this patent face potential infringement risks?
A: Given its comprehensive scope, competitors with similar compounds or methods should conduct detailed freedom-to-operate analyses, though the patent’s specific claims mitigate some risks.
Q4: Can this patent support global drug commercialization efforts?
A: Yes, its filing strategy covers major jurisdictions, enabling broader market access through corresponding patent families.
Q5: What are the strategic considerations for extending this patent’s value?
A: Developing new formulations, combination therapies, and biomarkers related to the patent claims can expand protection and market potential.
Sources Cited:
[1] Australian Patent Database - AU2016403510 Public Document.
[2] WIPO Patent Family Data, PATENTSCOPE.
[3] Patentscope and EPO Espacenet for prior art and related filings.
