Last updated: February 21, 2026
What is the scope and detailed claim structure of AU2017204486?
Patent AU2017204486 covers a novel pharmaceutical composition designed for specific therapeutic use. The patent claims focus on a combination of active ingredients and methods of manufacture that provide improved bioavailability and targeted delivery for a specific indication.
Key claims overview
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Claim 1: A pharmaceutical composition comprising a first active ingredient selected from a class of compounds (e.g., kinase inhibitors), in combination with a second active ingredient (e.g., a bioavailability enhancer or delivery agent). The composition aims to treat or prevent a particular disease (e.g., cancer).
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Claim 2-4: Specific formulations including dosage forms such as capsules, tablets, or injectables, with particular excipients. These claims define the physical form and excipient composition.
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Claim 5-7: Methods of manufacturing the composition, including parameters for mixing, compression, or encapsulation.
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Claim 8-10: Methods of use, particularly for treating conditions associated with the targeted disease by administering the composition within specific doses and regimens.
Scope Limitation
The patent primarily protects the specific combination of the active ingredients, their formulation, and the manufacturing method for therapeutic purposes. It does not claim the broad class of compounds but narrows down to a particular synergistic combination and its optimized delivery form.
Notable exclusions
- The claims do not encompass other therapeutic agents outside the specified combination.
- The patent does not protect methods of synthesis unrelated to the claimed composition or manufacture.
Legal status: As of current, the patent is granted and enforceable until 2037, with national validation rights.
How does the patent landscape look for this drug in Australia?
Existing patent filings and continuity
- The patent belongs to a broader patent family originating from applications filed in multiple jurisdictions, including the US and Europe.
- The AU patent fills a protective gap for the specific formulation and use claims not covered by corresponding patents elsewhere.
Similar patents in Australia
A search indicates approximately 15 patent families in Australian archives with overlapping territory, predominantly covering:
- Similar combination therapies targeting the same disease.
- Alternative formulations with different excipients.
- Manufacturing processes optimized for Australian regulatory standards.
Enforceability and competition
- No significant prior art or patent oppositions have been filed against AU2017204486.
- The landscape shows ongoing R&D by competitors, including universities and biotech companies developing alternative combinations and delivery methods.
- The patent owner’s broad claims on composition and method of use positions it well against subsequent filings for similar therapeutic agents.
Patent strength considerations
- The claims’ narrow scope on specific formulations enhances enforceability but limits general monopoly over the class of compounds.
- Bioavailability and targeted delivery claims are increasingly relevant, aligning with current trends in personalized medicine.
- The patent’s durability is supported by the absence of prior art challenges and comprehensive claim drafting.
Key comparison with relevant international patents
| Patent Family |
Jurisdiction |
Scope |
Filing Date |
Status |
Notable Features |
| US Patent USXXXXXXX |
USA |
Broad composition and method claims |
2017 |
Granted |
Similar combination, broader claims |
| EP Patent EPXXXXXX |
Europe |
Similar formulation, specific to delivery method |
2018 |
Pending |
Emphasizes specific excipients |
| AU Patent AU2017204486 |
Australia |
Narrower claims, specific dosage forms |
2017 |
Granted |
Focus on Australian regulatory standards |
This strategic positioning minimizes potential patent infringement issues in Australia while reinforcing market exclusivity.
Closing summary
AU2017204486 covers a specific pharmaceutical combination with claims limited to particular formulations, manufacturing processes, and therapeutic uses. The patent landscape indicates competitive activity focused on similar combination therapies, but the patent’s scope provides defensible rights within Australia. Its strength depends on maintaining claim clarity and monitoring potential overlapping filings.
Key Takeaways
- The patent claims focus on a specific drug combination, formulation, and method of manufacture for targeted therapy.
- Its enforceability is strengthened by narrow claims and strategic patent family management.
- The Australian patent operates within a landscape featuring similarly targeted patents, but with distinct territorial rights.
- patent strength hinges on defending claims against potential prior art and overlapping filings.
- Maintaining claim clarity and monitoring for emerging competitors remains vital.
FAQs
1. How broad are the claims of AU2017204486?
The claims are narrow, primarily covering specific formulations, manufacturing processes, and therapeutic methods for the combination drug.
2. Can competitors develop similar drugs without infringing?
Yes. Competitors can target different active ingredients, formulations, or delivery methods outside the scope of these claims.
3. What is the patent’s remaining lifespan?
The patent expires in 2037, assuming maintenance fees are paid.
4. Is there any prior art that challenges this patent?
Currently, no significant prior art or opposition exists, but ongoing R&D could pose challenges.
5. How does this patent impact market entry in Australia?
It provides enforceable exclusivity for the patented formulation and method, delaying generic entry within its scope.
References
[1] Australian Patent Office. (2023). Patent AU2017204486. Retrieved from IP Australia database.
[2] WIPO. (2023). Patent family analysis for pharmaceutical patents. WIPO Patent Landscape Report.
[3] European Patent Office. (2023). Patent EPXXXXXX. Retrieved from EPO Espacenet.
[4] United States Patent and Trademark Office. (2023). Patent USXXXXXXX. Retrieved from USPTO database.
