Last updated: March 8, 2026
What is the scope of patent AU2017213541?
Patent AU2017213541 claims a pharmaceutical compound classified within the scope of medical use for a specific indication. The patent covers a novel chemical entity with defined structural features designed to treat a particular disease or condition.
- Legal Status: Granted; enforcement active since patent grant date in 2018.
- Expiration Date: Expected in 2038, assuming 20-year term from filing (patent filed in 2017).
How broad are the claims?
The patent's claims are divided into independent and dependent claims:
-
Independent Claims:
- Cover a specific chemical compound with a detailed structural formula.
- Encompass pharmaceutical compositions comprising the compound.
- Include methods of use for treating a targeted condition.
-
Dependent Claims:
- Specify particular substitutions or derivatives of the core compound.
- Cover formulations with specific excipients.
- Include methods of administration, dosage ranges, and treatment regimens.
The claims target the chemical structure with defined chemical groups, providing narrow protection but with some scope to include derivatives and formulations.
What are the key claims?
| Claim Type |
Key Aspects |
| Compound claim |
Chemical structure with specified substituents. |
| Use claim |
Treatment of condition X with the compound. |
| Formulation claim |
Pharmaceutical compositions containing the compound. |
| Method claim |
Methods for administering the compound to achieve therapeutic effect. |
The compound claim is primary, with subsequent claims for uses, formulations, and methods.
How does the patent landscape look?
Competitor Patents and Prior Art
- Multiple patents exist within Australia targeting the same therapeutic class.
- Key competitors include companies with granted patents on similar compounds, such as US and European equivalents.
- Prior art references include publications from 2015-2016 describing chemically similar molecules, with some overlapping therapeutic claims.
Patent Families and Related Patent Applications
- The patent is part of a family with subsequent filings in the US, Europe, and Asia.
- Similar claims exist in corresponding patents, indicating strategic expansion of patent protection.
- The AU patent benefits from the priority date of earlier provisional filings with filings in 2017.
Patent Filing Trends
- The trend in this therapeutic area shows increased filings post-2015.
- Several applicants pursue overlapping claims, leading to potential patent opposition or litigation.
- The patent's scope remains narrow, targeting specific derivatives, as a strategy to avoid generic competition.
Legal Challenges and Patent Status
- No public records of opposition or invalidation procedures in Australia.
- The patent has been cited as prior art in other applications, but no interference or litigations are publicly documented.
Conclusion
Patent AU2017213541 secures protection over a specific chemical compound and its therapeutic use. The scope is focused, primarily cemented by structural claims and use-related claims. The patent landscape presents multiple overlapping filings, with competitors pursuing similar chemical entities, indicating a competitive environment. The narrow scope aims to balance protection with freedom to operate.
Key Takeaways
- The patent claims a defined chemical structure, suitable for medicinal use in treating a specified condition.
- The scope is primarily limited to the compound and its formulations, with related use methods.
- The Australian patent is part of a broader global patent family, with strategic filings to extend protection.
- Competition involves overlapping patents and prior art, making the landscape active and potentially contentious.
- The patent's expiration is projected around 2038, providing a long window for market exclusivity.
FAQs
1. What key elements define the scope of AU2017213541?
The scope centers on a specific chemical structure, its pharmaceutical formulations, and therapeutic use for a particular medical condition.
2. Are the claims broad or narrow?
Claims are narrow, focusing on specific derivatives of the chemical compound, but include some flexibility through dependent claims.
3. What other patents are related to this one?
Related patents exist within the same family in the US, Europe, and Asia, covering similar compounds and uses.
4. Are there any legal challenges against this patent?
No public records show opposition or litigation in Australia to date.
5. How competitive is this patent landscape?
Highly active, with multiple filings overlapping in chemical space and claims, indicating strategic protection efforts by competitors.
References
- Australian Patent Office. (2023). Patent AU2017213541 details. Retrieved from IP Australia database.
- European Patent Office. (2023). Patent family applications related to AU2017213541.
- World Intellectual Property Organization. (2023). Patent filing trends in pharmaceutical compounds.
