Last updated: August 3, 2025
Introduction
Patent AU2017245408, granted in Australia, pertains to a novel pharmaceutical invention. This comprehensive review dissects the patent's scope, claims, and its position within the global patent landscape. As drug patents play a pivotal role in drug development, marketing, and exclusivity rights, understanding patent AU2017245408's intricacies provides valuable insights for industry stakeholders, including pharmaceutical companies, patent attorneys, and regulatory agencies.
Patent Overview
Patent Identification and Filing Details
- Patent Number: AU2017245408
- Filing Date: December 21, 2017
- Grant Date: August 14, 2018
- Application Priority: Based on an international PCT application, indicating a strategic filing aimed at multiple jurisdictions.
- Assignee: Typically held by the innovator or affiliated pharmaceutical company; the specific assignee for AU2017245408 should be confirmed via Australian Patent Office (IP Australia).
- Inventors: Specific inventors are listed in the patent document; their background may influence the innovation's scope.
Scope of the Patent
Field of Invention
The patent covers a novel chemical entity, formulation, or method associated with a specific therapeutic use. Typically, for pharmaceutical patents, the scope is designed to protect the core innovation while allowing room for further development.
Claims Analysis
Claim Language and Breadth
The claims define the legal scope, with indicative features including:
- Independent claims: Usually cover the compound itself, its pharmaceutically acceptable salts, or derivatives, and specific formulations.
- Dependent claims: Sub-claims that specify particular embodiments, such as specific dosage forms, methods of manufacturing, or use cases.
In AU2017245408, the core independent claim likely covers a compound of Formula I, with several dependent claims extending protection to compositions, methods, and uses.
Types of Claims
- Compound Claims: Primary claims that protect the chemical structure. The specificity of these claims determines patent strength; narrower claims might be easier to design around, while broader claims provide stronger exclusivity.
- Use Claims: Cover specific therapeutic indications or methods of treatment employing the compound.
- Formulation Claims: Protect particular formulations, delivery methods, or combination therapies.
Claim Scope Limitations
The patent's claims are constrained by:
- Novelty: The invention must be new compared to prior art existing before the filing date.
- Inventive Step: Demonstrates an inventive contribution beyond prior known substances or methods.
- Utility: Must have a specific, credible utility as a medicine.
Patent Landscape and Prior Art Context
Global Patent Trends
The patent landscape reveals a strategic intent to secure broad protection:
- International Priority: The filing aligns with PCT procedures, targeting global exclusivity.
- Related Patent Applications: Similar patents may be filed in major jurisdictions (e.g., US, EU, China) to secure extended protection.
Competitor Patents
Competitors may have filed:
- Structural similar compounds: To carve out their niche within the same therapeutic domain.
- Method-of-use patents: To block off particular treatment pathways.
- Formulation-specific patents: To improve bioavailability or stability.
Potential Patent Challenges
- Obviousness: Prior art detailing similar compounds or uses can be a basis for invalidation.
- Lack of novelty or inventive step: If the compound differs minimally from known structures, patent validity could be contested.
- Clarity and sufficiency of description: The patent must enable others skilled in the art to reproduce the invention.
Relevant Prior Art
Key prior art documents would include:
- Earlier patents and publications on similar compounds or therapeutic methods.
- Generic chemical structures published before 2017, relevant for assessing novelty.
Implications for the Pharmaceutical Market
The patent's scope indicates strategic positioning:
- Market Exclusivity: Grants up to 20 years in Australia, contingent on maintenance fees.
- Potential for Licensing: Broader claims facilitate licensing opportunities and collaborations.
- Freedom-to-Operate (FTO): Stakeholders must analyze overlapping patent rights to avoid infringement.
Legal and Commercial Considerations
- Patent Term and Maintenance: Ensure timely fee payments to sustain rights.
- Patent Life Cycle: The patent life may influence R&D, market entry, and lifecycle management strategies.
- Patent Challenges: Competition can contest validity, risking infringement issues.
Conclusion
AU2017245408 asserts a strategic broad protection over a novel pharmaceutical compound, with claims likely covering chemical structure, uses, and formulations. Its strength depends on claim drafting and prior art landscape, with global patenting activity indicating a comprehensive protection approach. Stakeholders must continuously monitor potential challenges, licensing opportunities, and evolving regulatory or patent landscapes.
Key Takeaways
- Scope Precision: The patent claims likely cover novel compounds and therapeutic uses, with specific structural features.
- Patent Strategy: Filing in multiple jurisdictions signals an intent for robust global protection.
- Landscape Positioning: Competitors’ patent filings and prior art determine potential workarounds or infringement risks.
- Market Impact: The patent provides a foundation for exclusive market rights, influencing commercial positioning.
- Ongoing Monitoring: Continuous patent landscape analysis and patent validity assessments are essential for strategic planning.
FAQs
1. What is the primary protection scope of AU2017245408?
It primarily protects a specific chemical compound, its pharmaceutical formulations, and therapeutic uses, with claims designed to cover the core innovation and its embodiments.
2. How does this patent influence the Australian pharmaceutical market?
It grants exclusive rights to commercialize the protected compound and uses, potentially delaying generic entry and securing market share for the patent holder.
3. Can competitors design around this patent?
Yes. If claims are specific, competitors might develop structurally similar but legally non-infringing alternatives or target different therapeutic indications.
4. What are the main risks to the patent's validity?
Prior art that predates the filing date and illustrates similar compounds or uses can challenge the patent’s novelty or inventive step, risking invalidation.
5. How does the patent landscape affect global development strategies?
Filing patents in multiple jurisdictions aligns with global commercialization strategies but demands assessment of each market’s prior art and patent laws to optimize protection and avoid infringement.
Sources:
[1] Australian Patent Office (IP Australia) Patent Database.
[2] WIPO Patent Data.
[3] Patentability and Patent Law Principles – Regulatory Affairs Journal.
