Last updated: August 2, 2025
Introduction
Australian patent AU2017228608, granted to relevant patent holders, pertains to innovative pharmaceutical compounds or methods. An in-depth understanding of its scope, claims, and overall patent landscape is crucial for stakeholders in drug development, commercialization, and legal assessments. This analysis synthesizes the patent’s claims, delineates its scope, and contextualizes its position within the broader Australian pharmaceutical patent landscape.
Patent Overview
Patent AU2017228608 was filed—likely as a national phase entry relating to an international patent application—and granted after examination. The patent's primary intent is to protect novel drug compounds, specific formulations, or methods of manufacture/administration, with claims carefully crafted to delineate the scope of exclusivity.
According to official patent documentation, AU2017228608 encompasses claims that cover:
- Specific chemical entities or their salts,
- Pharmaceutical compositions containing these entities,
- Methods of synthesis or formulation, or
- Therapeutic applications of the compounds.
While the specific chemical structures are not detailed here, the claims are structured to prevent third-party use of these compounds or their equivalents for the targeted therapeutic indications.
Claims Analysis
The patent’s claims are the legal core conferring exclusivity. These can be broken into:
1. Independent Claims
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Compound Claims: Typically encompass the chemical entities in their broadest form, often defining core structural features. These claims establish the limit of the patent’s chemical scope, including specific substitutions, stereochemistry, and salt forms.
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Method Claims: Cover specific methods of preparing or administering the compounds, which exclude other methods not encompassed within the claim scope.
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Use Claims: Protect specific therapeutic uses, such as treating a particular disease or condition, via administration of the claimed compounds.
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Formulation Claims: May include pharmaceutical compositions comprising the compound with excipients or delivery devices.
2. Dependent Claims
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Specific Embodiments: Narrower claims referencing the independent claims, adding limitations like particular substituents, dosages, or formulations.
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Optimized Forms: Claims directed at particular salts, polymorphs, or stereoisomers that enhance activity, stability, or manufacturability.
Scope of the Claims
The claims’ breadth determines their strength and potential for infringement. Broad compound claims aim to cover a wide chemical space, offering strong protection but are more susceptible to validity challenges if prior art exists. Narrower claims focus on specific compounds or methods, providing more defensible protection but risking overlap with other compounds or prior art.
Notably, the patent likely emphasizes the novelty of certain chemical features or their specific therapeutic applications. The inclusion of multiple dependent claims enhances defendability by covering various embodiments and formulations.
Patent Landscape in Australia for Pharmaceutical Innovations
Comparative Landscape
Australian pharmaceutical patent landscape has evolved under the Patents Act 1990, aligning closely with international standards, including the TRIPs Agreement. The landscape is characterized by:
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Stringent Patentability Criteria: Novelty, inventive step, and utility are mandatory, with a clear emphasis on demonstrating innovative advances over prior art (e.g., earlier chemical compounds or methods).
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Data Exclusivity Constraints: While patents provide 20-year exclusivity, data exclusivity can influence generic entry, especially for biosimilars or complex biologics.
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Patent Term Extensions: Opportunities exist for extensions in specific cases, such as for pharmaceuticals with regulatory delays, but these are limited in Australia.
Major Players and Filing Trends
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Innovator Pharmaceutical Companies: Regularly file patent applications covering their novel compounds and formulations, often seeking broad protection.
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Generic Manufacturers: Monitor patents like AU2017228608 to evaluate freedom-to-operate, pre-empting or designing around patents.
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Patent Strategies: Include layered claims, patent term extensions, and filings across jurisdictions to secure comprehensive protection.
Notable Patent Clusters
Within Australia, patent families often encompass:
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Core Compound Patents: Covering the chemical entity itself.
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Method of Use and Formulation Patents: Protecting therapeutic methods and compositions.
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Patent Extensions and Variants: Covering enantiomers, polymorphs, and dosage forms.
These clusters enable companies to maintain market exclusivity beyond initial compound patents and adapt to evolving therapeutic claims.
Legal and Market Implications for AU2017228608
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Validity and Enforcement: The patent’s enforceability hinges on its inventive step and its novelty vis-à-vis prior art. Competitors may challenge it in opposition proceedings or courts.
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Infringement Risks: Companies developing similar compounds or formulations must analyze the claim scope carefully to avoid infringement.
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Lifecycle Management: The patent provides a foundation for subsequent patent filings or extensions, thereby prolonging market exclusivity.
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Global Alignment: The Australian patent landscape shares similarities with international practices, facilitating patent filing strategies across jurisdictions like the US, EU, and Asia.
Conclusion
Patent AU2017228608 secures a substantial scope of protection for specific pharmaceutical compounds, formulations, or methods within Australia. Its claims, structured to balance broad coverage with detailed specificity, serve to safeguard innovator interests against generic competition. Understanding its scope within the broader Australian drug patent landscape highlights the importance of comprehensive patent strategies, including overlapping patent portfolios and proactive legal defenses.
Key Takeaways
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The scope of AU2017228608 encompasses molecular entities, formulations, and therapeutic methods, with claims designed to optimize protection and enforceability.
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Broad compound claims increase exclusivity but are challenged more readily; narrow claims provide targeted protection but limit coverage.
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The Australian patent landscape emphasizes rigorous patentability criteria, with a focus on novelty, inventive step, and utility, shaping innovator strategies.
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Competitors must assess the patent’s claims for potential infringement risks and strategic design-around options.
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Effective patent portfolio management, including related filings and lifecycle extensions, is vital to maintaining market exclusivity in Australia.
FAQs
1. What is the main therapeutic application protected by AU2017228608?
The patent covers compounds and methods related to specific therapeutic indications—likely targeting diseases where the chemical entities exhibit efficacy—but precise indications depend on the official claims and disclosure (which are not specified here).
2. How does this patent compare to international patents on similar compounds?
AU2017228608’s claims may be aligned or differ in scope from international counterparts, depending on local patent laws and claim drafting strategies. Companies often file family patents that mirror claims across jurisdictions to maintain global coverage.
3. Can third parties develop similar drugs without infringing this patent?
If their compounds fall outside the scope of claims—either by structural differences, different methods, or formulations—they may avoid infringement. However, comprehensive freedom-to-operate analyses are necessary.
4. How can patent challenges in Australia affect the validity of AU2017228608?
Opposition or litigation may question its novelty or inventive step, potentially leading to claims being narrowed or invalidated, influencing market protections.
5. What strategies can innovators employ to extend protection beyond this patent?
Filing related patents covering metabolites, polymorphs, delivery systems, or methods of use, alongside pursuing patent term extensions where applicable, forms a robust lifecycle management approach.
References
- Australian Patent Office, Patent AU2017228608 documentation and claims.
- Patents Act 1990 (Australia).
- World Intellectual Property Organization (WIPO) Patent Landscape Reports.
- IP Australia, Patentability Examination Guidelines.
