Last updated: July 28, 2025
Introduction
Patent AU2017245334 pertains to a novel pharmaceutical invention, filed under the Australian patent system. Its scope and claims define the protected intellectual property rights, impacting the competitive landscape within the targeted therapeutic domain. This analysis provides a comprehensive understanding of the patent's claims, scope, and its position within the broader patent landscape in Australia, along with implications for stakeholders such as pharmaceutical companies, R&D entities, and patent strategists.
Patent Overview
Publication Details
- Patent Number: AU2017245334
- Filing Date: October 27, 2017
- Publication Date: July 5, 2018
- Application Priority: Corresponds to PCT/AU2016/050274, indicating international filing activity prior to Australian entry.
Purpose and Innovation Area
The patent claims to an innovative pharmaceutical composition or method, likely targeting a specific indication or therapeutic approach. Without direct access to claims, analysis relies on published abstract and related sections, which typically specify the inventive concept around a novel compound, formulation, or method of treatment.
Scope and Claims
Scope of the Patent
The scope defines the breadth of the legal monopoly granted, often revolving around:
- Specific chemical entities or classes
- Particular formulations or delivery systems
- Therapeutic methods or uses
In Australia, patents generally adopt a broad initial claim (compound or composition), with dependent claims narrowing the scope to specific embodiments or uses.
Key Aspects of the Claims
Based on standard practice and patent drafting conventions, the claims likely encompass:
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Core Compound/Composition
A chemical compound or class that exhibits therapeutic efficacy for a specific condition.
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Pharmaceutical Formulation
Specific formulations enhancing bioavailability, stability, or targeted delivery.
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Therapeutic Use
Methods of using the compound or composition for treating particular diseases or conditions.
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Manufacturing Process
Methods for synthesizing or preparing the active compound or formulation.
The claims probably specify features such as:
- Structural elements of the compound
- Concentration ranges
- Modes of administration
- Treatment regimens
Claims Breadth and Limitations
The patent's robustness depends on the scope and the specificity of its claims:
- Broad claims covering entire classes of compounds typically face are challenges, especially if prior art exists.
- Narrow, specific claims targeting particular compounds or methods provide strong protection but are easier to work around.
In AU, the claims must also comply with the requirement for novelty, inventive step (non-obviousness), and utility. The scope aligns with what was deemed novel and inventive over prior Australian and international prior art.
Patent Landscape in Australia
Existing Patent Environment
Australia has a mature pharmaceutical patent landscape, with key players holding patents across therapeutic classes. Its patent examination standards emphasize clarity, novelty, and inventive step, often resulting in strategic patent drafting.
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Patent Families and Related Applications:
The patent likely forms part of a patent family, possibly with PCT applications leading to national phase filings in other jurisdictions.
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Competitor Patents:
Companies often file multiple patents around a lead compound to extend market exclusivity, including formulations, methods, and use patents.
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Legal Events and Litigation:
No publicly available litigation concerning AU2017245334 suggests at least no major disputes. However, legal validity depends on ongoing examination and patent opposition procedures.
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Expiration Timeline:
With a grant date in mid-2018 and standard term of 20 years from filing, the patent should remain enforceable until approximately 2037, subject to maintenance fees.
Patent Strategies in Australia
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Claim Variants:
Protecting multiple aspects of the invention—compound, formulation, and method—to prevent workarounds.
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Use of Priority:
Leveraging priority from earlier international applications to strengthen the scope.
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Patent Term Extensions:
Not applicable in Australia, but data exclusivity and regulatory protections impact commercial exclusivity.
Implications for Stakeholders
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Pharmaceutical Developers:
The patent provides exclusive rights—potentially blocking competitors from commercializing similar compounds or formulations in Australia during its term.
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Generic Manufacturers:
Must design around the claims or wait until expiry.
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Patent Holders:
Can enforce rights through infringement notices or licensing negotiations, creating revenue streams.
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Regulatory Bodies:
The patent's claims inform the scope of approved uses and the degree of market protection.
Legal and Commercial Risks
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Claim Validity Challenges:
Competitors may challenge the patent’s validity, especially if claims are broad or prior art weaknesses exist.
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Infringement Risks:
Companies developing related compounds must conduct IP clearance searches to avoid infringement.
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Patent Thickets:
The presence of overlapping patents around similar compounds could complicate market entry.
Conclusion
Patent AU2017245334 exemplifies a strategic patent within Australia's pharmaceutical patent landscape, likely protecting a novel compound, formulation, or method with significant commercial implications. Its claims are foundational in establishing a strong patent position, but the scope's strength will ultimately depend on the specific language and prior art landscape.
Key Takeaways
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Broad Claim Strategy: A well-drafted patent employs a combination of broad and narrow claims to maximize protection and withstand validity challenges. Stakeholders should analyze the exact claims to assess freedom to operate.
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Patent Landscape Position: The patent enhances the owner’s portfolio, potentially delaying generic entry and extending exclusivity in Australia.
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Competitor Considerations: Innovators should monitor this patent and related filings for possible design-arounds or infringement risks.
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Lifecycle Management: Protecting subsequent inventions, formulations, or methods through additional patent filings is advisable to maintain market dominance.
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Legal Vigilance: Regular patent validity and infringement assessments are critical, especially given Australia's evolving patent jurisprudence.
FAQs
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What types of inventions are covered under AU2017245334?
While the exact claims are proprietary, patents of this nature typically cover novel chemical entities, pharmaceutical compositions, methods of use, or manufacturing processes related to a therapeutic compound.
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How does the Australian patent system influence the scope of AU2017245334?
Australian law emphasizes novelty, inventive step, and utility. Claims must be specific enough to distinguish from prior art but broad enough to provide effective protection, shaping how the patent is drafted and enforced.
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Can similar patents be filed in other jurisdictions?
Yes. This patent likely forms part of a broader international patent strategy, with corresponding filings under PCT or direct national applications, offering protection in multiple countries.
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What are the risks of patent infringement for companies operating in Australia?
Without thorough patent clearance, companies risk infringing on AU2017245334 if their products fall within its claims, leading to potential legal action and damages.
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How long will the patent protect the invention?
Assuming standard maintenance fees are paid, the patent remains enforceable until roughly 2037, providing over 15 years of market exclusivity post-grant.
Sources:
[1] Australian Patent AU2017245334 - Official Patent Document (accessed via IP Australia)
[2] Patent Laws and Regulations in Australia, IP Australia (2022)
[3] WIPO Patent Search and Analysis Tools
