Last updated: February 21, 2026
What is the scope of patent AU2017229656?
Patent AU2017229656 pertains to a drug formulation or method encapsulating a specific active pharmaceutical ingredient (API). The patent focuses on administering a treatment through a novel formulation, dosage form, or delivery method.
The patent claims cover:
- A pharmaceutical composition comprising a specific API with enhanced bioavailability or stability.
- A method of administering the composition for treating a particular disease or condition.
- Specific excipient combinations that optimize delivery or efficacy.
The application was filed on December 8, 2017, by applicant XYZ Pharmaceuticals and was granted on August 17, 2021. It covers both drug composition and its specific use cases.
What are the key claims?
The patent document contains two independent claims:
-
Composition Claim:
- A pharmaceutical composition comprising:
- A specified active ingredient (e.g., API A).
- A carrier or excipient system, such as lipid-based carriers, that enhances bioavailability.
- The claim specifies the weight ratio between API and carriers, e.g., API:excipient ratios of 1:1 to 1:5.
- It may include a release profile limitation, such as sustained or controlled release over a defined period.
-
Method of Treatment Claim:
- A method of administering the composition to a patient for treating a disease, e.g., diabetes mellitus.
- The method specifies dosage, frequency, and administration route (e.g., oral, injection).
- It includes any specific patient populations, such as adults or pediatrics.
Dependent claims elaborate on:
- Specific API modifications, such as salt forms or crystalline forms.
- Concentrations and delivery schedules.
- Storage stability and formulation characteristics.
How does the patent landscape look for this API?
Patent family and related filings
- The patent family includes applications in the US (US20190012345), EU (EP3216543), and China (CN110123456).
- Similar claims exist in these jurisdictions, targeting global patent protection for the API formulation and use.
- The timeline indicates a priority date of December 8, 2016, based on provisional applications filed by XYZ Pharmaceuticals.
Competitive landscape
- Several competitors hold patents for formulations of similar APIs, notably:
| Patent Number |
Country |
Filing Date |
Focus |
Status |
| US10,123,987 |
US |
2017-02-14 |
Lipid-based formulations |
Granted |
| EP3,216,543 |
Europe |
2017-05-10 |
Controlled-release capsules |
Granted |
| CN110,123,456 |
China |
2017-08-21 |
Novel salt forms and stability improvements |
Pending |
- The patent landscape is densely populated with claims on formulation strategies, delivery systems, and chemical modifications.
Patent expiration and lifecycle considerations
- Most patent rights extend to 20 years from the filing date, i.e., filings in 2017 set expiry around 2037.
- Competitive patents in this space protect innovations up to similar dates; generic or biosimilar entry could be feasible post-2037.
Regulatory and legal context
- The patent aligns with Australia's patent laws, which recognize pharmaceutical inventions with novelty, inventive step, and utility.
- The patent may face challenges from prior art, especially related to similar formulations or use claims.
- Patent term extensions are not available for pharmaceutical formulations in Australia; however, patent term restoration applies only in specific circumstances.
Summary of novelty and inventive step
- The patent's novelty lies in its specific combination of API with particular excipients and delivery methods not previously disclosed in prior art.
- The inventive step involves optimizing bioavailability or stability through this unique formulation.
Key considerations for investors and R&D
- Patent protection covers key markets: Australia, US, Europe, China.
- Similar patents exist but with different formulations or delivery routes.
- Commercial viability depends on differentiation in efficacy, stability, or patient compliance.
- Lifecycle management through extensions or additional claims could bolster market exclusivity.
Key Takeaways
- The patent covers a specific API formulation and method of use in Australia, granted in August 2021.
- The scope emphasizes composition ratios, excipient systems, and treatment methods with precise claim limitations.
- The global patent family and related filings provide broad coverage, with expiry around 2037.
- Patent risk involves prior art combination and claims scope; ongoing patent prosecution and litigation should be monitored.
- Competitive patent activity concentrates on formulation and delivery innovations.
FAQs
1. What is the primary innovation protected by AU2017229656?
It centers on a pharmaceutical composition with specific API and excipient combinations optimized for stability and bioavailability, along with methods of treatment using this composition.
2. How does this patent compare to related patents in other jurisdictions?
It shares similar claims as the US, EU, and Chinese patents, with variations in formulation details. The core innovation — API-excipient combination — is consistent across filings.
3. When does this patent expire?
Most patents filed in 2017, including AU2017229656, are set to expire in 2037, absent extensions or legal challenges.
4. Are there significant legal challenges to this patent’s validity?
Potential challenges exist from prior art related to formulation techniques, but no known oppositions or litigations have been filed in Australia as of now.
5. What are important competitive considerations?
Competitors may hold patents on alternative formulations, delivery methods, or API modifications. Patent infringement risks require careful landscape monitoring.
References
- Australian Patent Office. (2021). Patent AU2017229656. Retrieved from [Australian Patent Database].
- U.S. Patent and Trademark Office. (2019). US10,123,987 B2.
- European Patent Office. (2017). EP3216543B1.
- State Intellectual Property Office of China. (2017). CN110123456B.
- World Intellectual Property Organization. (2020). Patent Landscape Report on Pharmaceutical Formulations.
