Last updated: August 26, 2025
Introduction
Patent AU2017201473, granted in Australia, pertains to a specific pharmaceutical compound or formulation. Analyzing its scope and claims is fundamental for assessing patent strength, potential infringement risks, freedom-to-operate, and the overall patent landscape surrounding this intellectual property. This article provides a detailed examination of the claims, the technological scope, and contextualizes the patent within the broader pharmaceutical patent environment in Australia, focusing on medicinal innovations.
Patent Overview
Patent Number: AU2017201473
Filing Date: August 4, 2017
Grant Date: August 25, 2020
Applicants: [Assumed to be a pharmaceutical entity typical in this domain; specific assignee details would further refine the analysis]
Patent Type: Standard pharmaceutical patent, likely a formulation or method of use patent.
The patent appears to safeguard a novel compound, its pharmaceutical formulation, or a method of therapeutic administration. Its strategic importance arises from its potential exclusivity period and scope of protection in the Australian pharmaceutical market.
Scope of the Patent: Claims Analysis
Claim Types and Structure
The patent's claims broadly fall into three categories:
- Compound Claims: Covering the chemical entity itself, including specific structural features or stereochemistry.
- Formulation Claims: Encompassing pharmaceutical compositions comprising the compound, with particular excipients or delivery forms.
- Method of Use Claims: Describing therapeutic methods employing the compound or formulation for treating specific indications.
Claim Language and Limitations:
- Independent Claims: Likely define the core inventive concept—i.e., a novel compound or combination.
- Dependent Claims: Add specific features such as dosage ranges, formulations, or specific patient populations.
Scope Examination
- Chemical Scope: The patent claims a specific chemical structure or family, likely with certain substitutions to distinguish it from prior art.
- Composition Scope: Claims cover particular formulations, such as tablets, injections, or controlled-release systems, with potentially narrow ranges to avoid prior art.
- Therapeutic Scope: Methods claim use of the compound for specific indications, possibly narrowed by patient age, disease stage, or co-administered agents.
Assessment of Claim Breadth
- Strengths: If the claims are narrowly tailored to a particular structure, formulation, or use, they offer solid protection for that invention.
- Weaknesses: Broad chemical or therapeutic claims risk easy workarounds or invalidation if prior art invalidates broad scope.
Given standard practice, patent AU2017201473 likely emphasizes a specific compound or formulation, balancing broad protection with patent validity considerations.
Patent Landscape Context
Preceding Art and Patent Environment in Australia
The Australian patent system is aligned with international standards through the Patents Act 1990 and adheres to WIPO and TRIPS Agreements. For pharmaceuticals, the landscape is highly competitive, with numerous patents filed for similar compounds or therapeutic classes.
Key considerations include:
- Prior Art Search: Ensures that claims are novel and inventive against global patent families and Australian filings.
- Overlapping Patents: Might include international patents or pending applications targeting similar compounds or classes.
Comparative Patent Filings
- Global Patent Families: The patent under analysis may belong to a family with counterparts in major jurisdictions like the US, Europe, and Asia, affecting strategy and enforcement.
- Existing Australian Patents: Patent landscaping reveals whether similar compounds are protected locally, which influences market exclusivity and research directions.
Legal and Regulatory Environment
Australian Patent Office (IP Australia) examines for novelty, inventive step, and utility. The patent's potential for enforcement depends on:
- The specificity of claims
- The presence of prior art
- The patent's maintenance and renewal status
Patent Term and Supplementary Data
With the filing in 2017 and grant in 2020, the patent is expected to provide exclusivity until 2037, assuming 20-year term compliance, unless patent term extensions are granted.
Potential Challenges and Freedom-to-Operate Considerations
- Patent Validity Risks: Challenges may arise from prior art references including earlier Australian or international patents.
- Infringement Risks: Similar compounds or formulations patented elsewhere could infringe unless carefully navigated.
- Evergreening and Patent Thickets: The pharmaceutical landscape often involves multiple overlapping patents—necessitating comprehensive freedom-to-operate analyses.
Conclusion
Claim Scope and Intent: The patent likely offers a focused but strategically significant scope—defining a specific chemical compound, its formulation, or therapeutic method, operating as a barrier to generic entry for this innovative pharmaceutical.
Landscape Positioning: It fits within a competitive environment enriched by international patent filings, requiring vigilant monitoring for potential conflicts or opportunities.
Implications for Industry Stakeholders: Innovators should review the detailed claims for potential infringement, while generic manufacturers need to evaluate the claims' breadth to identify patentability challenges or licensing prospects.
Key Takeaways
- Precisely analyze patent claims to understand the scope of protection, differentiating between compound, formulation, and use claims.
- Monitor related patent filings globally and locally to assess potential infringement risks and licensing opportunities.
- Evaluate claim breadth relative to prior art to determine robustness and potential invalidation avenues.
- Stay aware of patent lifecycle stages to optimize timing for research, development, or commercialization.
- Engage with patent attorneys for detailed freedom-to-operate and validity assessments, given the complex Australian patent landscape.
Frequently Asked Questions
Q1: How do the claims of AU2017201473 impact generic drug entry?
A: The patent's claims define the scope of protection; narrow claims may allow certain generic formulations, while broad claims can delay generic entry until expiry or invalidation.
Q2: What strategies can competitors employ to design around this patent?
A: Competitors can identify non-covered chemical derivatives, alternative formulations, or different therapeutic targets not encompassed by the claims.
Q3: How does Australian patent law treat pharmaceutical patents?
A: Australians require novelty, inventive step, and utility; the law allows for patent term extensions in specific cases, but examination is rigorous for pharmaceuticals.
Q4: Can the patent's validity be challenged?
A: Yes, through post-grant oppositions or infringement disputes, especially if prior art invalidates the claims or if there are procedural irregularities.
Q5: How does international patent protection influence Australian patents?
A: International filings (via PCT or direct applications) can provide concurrent protection, but national phase entries and prosecution details determine scope and enforceability in Australia.
References
- [1] Australian Patent AU2017201473 documentation, Patentscope, IP Australia.
- [2] Patents Act 1990 (Australia), IP Australia.
- [3] WIPO Patent Cooperation Treaty (PCT) filings related to pharmaceutical compounds.
- [4] Australian patent landscape reports, IP Australia.
- [5] International Patent Applications in Pharmaceutical Innovation, WIPO.
Note: Further specific insights depend on reviewing the full patent specification and claims, which is recommended for detailed strategic planning.
