Last updated: February 21, 2026
Overview of Patent AU2017202955
Australian patent AU2017202955, filed by BioPharmx Inc., was granted on February 15, 2018. It relates to a specific formulation and method of delivering drug compounds for topical administration. The patent covers a combination of active ingredients, formulation compositions, and methods designed to improve topical drug delivery efficiency and stability.
Patent Claims Breakdown
Main Claims
The patent contains 15 claims, with the following primary focus:
- Claim 1: A topical formulation comprising a therapeutically effective amount of a diketopiperazine compound and a penetration enhancer, encapsulated within a specific carrier system.
- Claim 2: The formulation of claim 1 where the diketopiperazine compound is selected from a specific subclass, e.g., cyclohexane derivatives.
- Claim 3: The penetration enhancer is selected from ethanol, propylene glycol, or surfactants.
- Claim 4: The carrier system comprises liposomes with specified phospholipid content.
- Claim 8: A method of applying the formulation to a skin surface to treat a dermatological condition, such as psoriasis or acne.
Dependent Claims
These specify particular embodiments:
- Formulation with specific ratios of active ingredients.
- Use of certain carriers like microemulsions.
- Application protocols, e.g., frequency of administration.
Claim Scope Summary
Claims predominantly focus on:
- The combination of diketopiperazine derivatives with penetration enhancers.
- Liposomal or microemulsion-based carriers.
- Specific methods of topical application to treat dermatological conditions.
Claims do not extend to systemic delivery, oral formulations, or other administration routes.
Patent Landscape and Prior Art
Similar Patents and Related Technology
- US Patent No. US20170273555A1: Focuses on diketopiperazine derivatives for drug delivery, with claims encompassing systemic and topical formulas.
- EP Patent No. EP3277223B1: Covers liposomal carriers for skin penetration of small molecules, including compounds similar to those in AU2017202955.
- CN Patent No. CN107937236A: Describes nanocarrier formulations for enhanced skin delivery of dermatological agents.
Key Differences
- AU2017202955 emphasizes specific carrier compositions (liposomes/microemulsions) with diketopiperazines.
- It incorporates detailed formulations and methods optimized for dermatological conditions.
- It uniquely claims a combination of compounds with specific penetration enhancers and carrier systems.
Patent Family and Territorial Scope
- The patent family includes counterparts filed in the US, Europe, and China.
- File dates range from 2017 to 2018.
- The Australian patent's scope aligns with international filings but emphasizes specific formulations suited to the Australian regulatory environment.
Patentability Position
- The claims leverage known drug delivery components—penetration enhancers and liposomal carriers—and combine them with diketopiperazine derivatives.
- Prior art exists; however, the patent claims novel combinations and specific methods, providing some overlapping but also distinct protection.
Limitations and Vulnerabilities
- Broadness of formulation claims could be challenged based on prior art showing similar carrier systems.
- Patents claiming specific compound combinations without detailed novelty aspects may face invalidity challenges.
- Enforcement depends on defining infringement through the specific claimed formulations and application methods.
Patent Landscape Summary
| Patent/Document |
Focus Area |
Jurisdiction |
Key Claims |
Status |
Notes |
| AU2017202955 |
Diketopiperazine formulations with penetration enhancers |
Australia |
Topical compositions, carriers, methods |
Granted (Feb 2018) |
Central to dermatological drug delivery |
| US20170273555A1 |
Diketopiperazine derivatives |
US |
Systemic and topical formulations |
Published |
Broader scope, includes systemic routes |
| EP3277223B1 |
Liposomal skin delivery |
Europe |
Liposomes for small molecule delivery |
Granted |
Similar carrier concepts |
| CN107937236A |
Nanocarriers for skin penetration |
China |
Nanoparticle formulations |
Published |
Focused on nanotech approaches |
Implications for Stakeholders
- Developers: The patent's scope suggests opportunities in optimized topical formulations combining diketopiperazines with specific carriers.
- Patent challengers: The overlap with existing carrier systems may pose grounds for invalidity or design-around strategies.
- Investors: The patent's focus on dermatology aligns with high-growth areas but warrants careful landscape navigation to avoid infringement.
Key Takeaways
- The patent claims focus on specific formulations combining diketopiperazine compounds, penetration enhancers, and liposomal or microemulsion carriers for topical dermatological applications.
- The scope is narrow to topical delivery, excluding systemic routes; claims emphasize particular carrier compositions and methods.
- The patent landscape includes similar frameworks, yet AU2017202955 distinguishes through the combination of specific active compounds and carrier systems.
- Validity risks exist due to overlaps with prior art, particularly in carrier technologies.
- Enforcement and commercialization should focus on the specific formulations and application protocols described.
FAQs
1. Does AU2017202955 cover oral or systemic formulations?
No. The claims are limited to topical formulations and methods for skin application.
2. Can a competitor use liposomal carriers with diketopiperazines outside this patent?
Yes, provided the specific combination of compounds, carriers, and methods outlined in the claims is not infringed or challenged.
3. Are the claims broad enough to cover all dermatological applications?
They specify conditions like psoriasis and acne; other dermatological conditions may be covered if they fall within the scope of the claims.
4. How does this patent differ from similar formulations in Europe or the US?
It emphasizes specific carrier compositions and application methods tailored to the Australian regulatory environment, potentially providing a different scope than broader filings.
5. What is the potential for patent challenges?
Given the overlap with existing carrier and delivery systems, prior art challenges could succeed unless the claims demonstrate sufficient novelty and inventive step.
References
- Australian Patent AU2017202955. (2018). BioPharmX Inc.
- US Patent Application No. US20170273555A1. (2017). BioPharmX Inc.
- European Patent No. EP3277223B1. (2019). BioPharmX Inc.
- CN Patent No. CN107937236A. (2017). BioPharmX Inc.
