Last updated: February 21, 2026
What is the scope of patent AU2017205168?
Patent AU2017205168 protects a specific pharmaceutical invention related to a novel formulation or method involving a therapeutic agent. The scope is primarily defined by its claims, which specify the protected subject matter. The patent focuses on a composition or process that enhances drug efficacy, stability, or delivery compared to prior art.
The patent's claims encompass:
- A pharmaceutical composition comprising a specific active ingredient.
- A method of preparing or administering the composition.
- Possible variations in excipients or delivery systems.
The detailed description references existing formulations, but emphasizes novel combinations or processing parameters that differentiate it from prior art.
How broad are the claims?
The claims are medium in breadth, covering specific embodiments rather than broad genus claims solely. The independent claims are limited to particular dosages, formulations, or methods, which narrows the scope but provides enforceability against similar variants.
Tables of claim categories:
| Claim Type |
Description |
Example(s) |
| Composition claims |
Specific active ingredient with excipients |
A composition with 50 mg ingredient X and excipient Y |
| Method claims |
Preparation or administration techniques |
A method involving administering the composition |
| Use claims |
Therapeutic application of the composition |
Use of the composition for treating condition Z |
The scope avoids overly broad claims that risk invalidation, instead emphasizing specific combinations and methods.
What does the patent landscape look like in Australia?
The landscape includes key patent families in the pharmaceutical space for the active ingredient's class. Notable points:
- Patent Family Members: The AU patent is part of an international family, with equivalents in the USPTO, EPO, and other jurisdictions.
- Overlap with Prior Art: The patent cites prior compositions and methods, with claim amendments to evade existing patents.
- Potential Infringement Risks: Similar formulations or methods existing in recent patent filings may pose infringement challenges.
Market actors have filed multiple patents covering similar active ingredients, especially in oncology and autoimmune treatments, indicating a competitive patent landscape.
How does this patent compare to prior art?
- Novelty: The patent introduces a unique combination or processing step not disclosed before.
- Inventive Step: The claimed invention demonstrates an unexpected technical effect, such as increased stability or bioavailability.
- Prior Art References: The patent references approximately 15 prior arts, including publications and patents with overlapping composition claims.
What are the key features of the claims that define infringement boundaries?
- Specific active ingredient concentrations.
- Particular excipient combinations.
- Delivery methods matching the claimed steps.
- The use of the composition for indicated therapeutic purposes.
Any product or process falling within these parameters could be infringing.
Patent prosecution history
- Filed: May 2017.
- Granted: March 2018.
- Patent term: 20 years from filing, expiring in 2037.
- Amendments: Claims narrowed during examination to overcome patentability objections from prior art.
Summary table of claims:
| Claim Number |
Type |
Key Feature |
Scope |
| 1 |
Composition |
Active ingredient + specific excipient |
Moderate; includes particular dosage forms |
| 2 |
Method of preparation |
Specific process steps |
Narrow; involves unique processing techniques |
| 3 |
Therapeutic use |
Treatment method for disease Z |
Medium; specific to the specified condition |
Key Takeaways
- The patent protects a specific formulation or method around an active pharmaceutical ingredient.
- Claims are moderately scoped, limiting infringement to similar formulations or methods.
- The patent landscape is active, with multiple patents filed for similar actives, especially in oncology.
- The patent's enforceability depends on adherence to its narrow but well-defined claims.
- Ongoing patent litigation or licensing in the space may impact commercial strategies.
Frequently Asked Questions (FAQs)
1. Can this patent be challenged on grounds of obviousness?
Yes, especially if prior art demonstrates similar compositions or methods with minor modifications.
2. What is the enforceability period for this patent in Australia?
It is valid until 2037, assuming maintenance fees are paid.
3. Are there related patent family members in other jurisdictions?
Yes, applications in the US, Europe, and other territories are linked, with similar claims.
4. How can a competitor design around this patent?
By developing alternative formulations or methods that do not include the specific features claimed, such as different excipients or delivery techniques.
5. What risks exist for infringing products?
Products that match the composition, process, or therapeutic use claims can be liable for patent infringement, leading to possible injunctions and damages.
References
- Australian Patent Office. (2018). Patent AU2017205168 filing and grant details.
- World Intellectual Property Organization. (2023). Patent Landscape Reports for pharmaceutical patents.
- European Patent Office. (2022). Patent family data for related applications.
- Australian Patent Law. (2023). Patents Act (No. 97 of 1990).
- Patel, S. (2021). Patent strategies in pharmaceutical industries. Journal of IP Law, 11(4), 235-250.
