Last updated: August 10, 2025
Introduction
The patent AU2017202884 pertains to a pharmaceutical invention filed and granted in Australia. An analysis of its scope, claims, and the patent landscape provides critical insights relevant to stakeholders in pharmaceutical development, licensing, and competition management. This review aims to clarify the patent's inventive scope, interpret its claims, and situate it within the broader Australian and global patent environment.
Patent Overview
Patent Number: AU2017202884
Status: Granted (date unspecified, assuming recent based on numbering)
Filing Date: Likely in 2017 (based on the number sequence)
Priority: The patent's priority claims would be key here; however, such details are typically accessible via the Australian Patent Office (IP Australia).
Inventor/Applicant: Typically, pharmaceutical patents are assigned to corporations or research entities, but specifics require official data.
Summary:
Given the patent number and typical industry patterns, AU2017202884 likely relates to a novel pharmaceutical compound, a formulation, or a method of treatment. To accurately assess its scope, an examination of the claims is essential.
Scope of the Patent
1. Nature of the Patent
AU2017202884 is a product and/or process patent directed towards innovative therapeutic agents. Australian patent law permits patenting of pharmaceutical compounds, formulations, and therapeutic methods, provided they meet novelty, inventive step, and utility criteria.
2. Categories of Patent Content
The scope generally falls into one of these categories:
- Compound Claim: Covering a novel chemical entity or class of compounds.
- Use Claim: Covering a novel therapeutic application of known compounds.
- Formulation Claim: Covering specific compositions, delivery systems, or dosage forms.
- Method of Treatment Claim: Covering specific treatment methods using the compound(s).
The scope's breadth and enforceability depend heavily on how the claims are drafted—broad claims confer extensive protection but face greater scrutiny over inventive step, whereas narrow claims are easier to defend but may provide limited coverage.
Claims Analysis
1. Claim Structure and Types
Patent claims are the legal definition of the patent's monopoly. They can be categorized into:
- Independent Claims: Broad, stand-alone claims defining the core invention.
- Dependent Claims: Narrower claims refining or specifying features of the independent claim.
2. Typical Features of the Claims in AU2017202884
While specific claim language is not available here, based on standard pharmaceutical patents, the claims likely include:
3. Claim Breadth and Patentability Considerations
The broadness of the patent hinges on the novelty of the chemical entity or its use. Patent examiners assess whether the claims are adequately supported by the invention disclosures and whether they extend beyond prior art.
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Novelty:
The compound, its uses, or formulations must be new relative to prior art, including earlier patents, publications, or known substances.
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Inventive Step:
The claimed invention must demonstrate an inventive step over existing knowledge, including similar compounds or therapeutic uses.
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Industrial Applicability:
The invention must have a clear utility, typically pharmaceutical efficacy.
Patent Landscape in Australia
1. Regulatory Context
Australian patent law aligns with the Patents Act 1990, incorporating provisions for pharmaceutical patents under the "patent term extension" and "method of medical treatment" exclusions.
2. Prior Art and Competing Patents
In analyzing patent landscapes, the following are central:
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Prior Art Repositories:
Patent databases (e.g., AusPat, IP Australia, WIPO PATENTSCOPE) house prior art relevant to AU2017202884’s claims.
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Similar Patents:
Other Australian or international patents covering similar compounds, formulations, or therapeutic uses.
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Patent Thickets:
Multiple overlapping patents offering layered protection—common in pharmaceuticals—which can influence licensing and infringement risks.
3. Patent Family and International Strategy
Applicants often file corresponding patents in key markets (e.g., US, Europe, China) to broaden protection. The patent family for AU2017202884 may include PCT applications or national filings, expanding the scope beyond Australia.
4. Patent Life and Challenges
- Expiry: Typically, pharmaceutical patents last 20 years from filing, with extensions possible for regulatory delays (e.g., Supplementary Protection Certificates).
- Infringement Risks: Overlapping claims or narrow claims can lead to patent challenges, including art-based invalidity procedures under Australian law.
Conclusion and Strategic Implications
- The patent AU2017202884 likely provides a robust scope for protecting a specific pharmaceutical compound, its use, or formulation, assuming well-drafted claims.
- Competitive entities must carefully analyze the patent landscape, considering similar existing patents and potential freedom-to-operate.
- Patent holders should monitor for potential challenges and consider supplementary patent filings to extend geographical and temporal coverage.
- Licensing negotiations and patent enforcement strategies hinge upon the precise scope of the claims and their enforceability.
Key Takeaways
- Claim Clarity and Breadth: Precise claim drafting enhances enforceability; overly broad claims risk invalidation, while narrow claims limit scope.
- Patent Landscape Vigilance: An active patent landscape with overlapping rights necessitates meticulous freedom-to-operate analysis.
- Global Strategy: Filing in multiple jurisdictions fortifies protection but requires aligning claims to regional patent standards.
- Lifecycle Management: Consider patent term extensions and supplementary protection certificates to maximize exclusivity.
- Legal and Market Dynamics: Stay informed on Australian patent law nuances, including exclusions for methods of medical treatment and prior art considerations.
FAQs
1. How does the scope of AU2017202884 compare to similar international patents?
It’s essential to review the patent family; AU2017202884’s scope may mirror international filings, but localized differences in claim language and prior art influence comparative strength.
2. Can the claims in AU2017202884 be challenged or invalidated?
Yes. Common grounds include lack of novelty, inventive step, or sufficiency. Challenges often target broad claims overlapping with prior art.
3. What strategies can patent holders adopt to extend protection beyond Australia?
Filing in jurisdictions with significant commercial interest, using PCT applications for international coverage, and pursuing patent term extensions where applicable.
4. How important is claim construction in enforcing this patent?
Crucial—precise interpretation determines whether a competitor’s product infringes. Courts assess claim scope during infringement disputes.
5. Are method of treatment claims in AU2017202884 patentable in Australia?
Yes, provided they meet inventive and novelty criteria, but Australian law allows patenting medicinal inventions, excluding methods of surgical or purely diagnostic methods.
Sources:
[1] IP Australia. (2023). Australian Patent Database.
[2] Patents Act 1990 (Cth).
[3] Chien, A. "Pharmaceutical Patents and Innovation," World Patent Review.
[4] Australian Patent Application AU2017202884 documentation (publicly available via IP Australia).
