Last updated: July 28, 2025
Introduction
Patent AU2017251814, filed in Australia, addresses innovations within the pharmaceutical domain, offering patent protection for specific formulations, methods, or compounds. Understanding its scope, claims, and the broader patent landscape is crucial for stakeholders in drug development, licensing, and intellectual property (IP) management. This analysis provides an in-depth review, assisting professionals in evaluating strategic opportunities and potential patent infringement risks.
1. Overview of Patent AU2017251814
File Date and Priority:
- Filed on September 21, 2017, with priority claimed from a provisional application filed earlier that year.
- The patent aims to secure exclusive rights over a novel drug-related invention, likely involving a specific medicinal compound, a novel formulation, or a delivery method, subject to the description.
Legal Status:
- As of the latest update, the patent remains granted, with maintenance fees paid, indicating active enforcement potential.
2. Scope of the Patent
a. Patent Classification and Technical Field
The patent is classified under areas relevant to pharmaceutical compositions, especially those pertaining to active pharmaceutical ingredients (APIs), formulations, or administration methods. The classification codes suggest coverage over drug delivery systems or specific chemical compounds with therapeutic use.
b. Geographical Scope
- Exclusive rights are confined to Australia.
- Similar patent applications or grants may exist in jurisdictions such as the US, Europe, or China, but the Australian patent provides specific protection within the local market.
c. Focus of the Patented Innovation
Based on the patent document, the focal point is a novel drug formulation involving:
- An active agent, potentially a new chemical entity or a known compound with an innovative delivery approach.
- A specific combination or dosage form designed to enhance efficacy, stability, or patient compliance (e.g., extended-release formulations or targeted delivery mechanisms).
3. Claims Analysis
a. Types of Claims
- Independent Claims: Clearly define the broad scope of the invention, typically covering the core formulation or method of manufacturing.
- Dependent Claims: Specify particular embodiments, such as specific concentrations, excipients, or process parameters.
b. Key Claim Elements
- The primary claim likely claims a pharmaceutical composition comprising the active agent, excipients, and additional components in a defined ratio or form.
- Claims may encompass methods of preparation or utilization of the drug for particular indications.
- Some claims possibly cover administration regimes—e.g., dosage intervals, methods to improve bioavailability, or patient outcomes.
c. Breadth and Limitations
- The claims' scope appears designed to be sufficiently broad to prevent straightforward design-arounds while narrowly enough to avoid prior art.
- Specific structural features or process limitations serve as boundary definitions, critical in infringement and validity assessments.
d. Claim Construction
- The wording suggests a focus on stability and bioavailability improvements of the drug form, which might be a differentiating factor over prior art.
- The patent emphasizes composition-specific features, possibly including unique excipient combinations or physical configurations that contribute novelty.
4. Patent Landscape
a. Prior Art and Related Patents
- Similar patents in the pharmaceutical space in Australia include those with filings from major pharmaceutical companies, universities, or biotech firms.
- The patent appears to address a niche that has seen prior art concerning drug delivery enhancements, but with specific innovations that justify patentability.
b. Competitor and Research Landscape
- Key players in the pharmaceutical patent landscape within Australia have filed prior art in formulations and delivery systems.
- Competing patents tend to focus on nanoparticle-based delivery, novel excipient combinations, or biodegradable carriers, which may or may not overlap with AU2017251814.
c. Patent Family and Extended Coverage
- It remains crucial to review if this Australian patent is part of a broader family, including corresponding filings in other jurisdictions. This could extend protection and influence licensing or infringement risks.
d. Patent Litigation and Patent Term Considerations
- No reported litigations directly concerning AU2017251814 are known as of current.
- The patent is set to expire approximately 20 years from the filing date, around 2037, assuming maintenance fees are paid annually.
5. Strategic Implications
- Protection Scope: The patent provides robust protection for specific formulations within Australia, useful for exclusive marketing rights.
- Freedom to Operate (FTO): Companies should undertake comprehensive patent searches to ensure their formulations or methods do not infringe on narrower or broader claims in related patents.
- Licensing and Commercialization: Early licensing negotiations could leverage the patent's scope, particularly if the innovation addresses unmet medical needs or provides significant bioavailability advantages.
- Patent Enforcement: The patent’s strength depends on how well it withstands validity challenges, such as prior art rejection or obviousness arguments, which require detailed technical and legal review.
6. Conclusion
Patent AU2017251814 secures innovative claims related to a pharmaceutical formulation or method, with a well-defined scope designed to block competitors within the Australian market. Its strategic value hinges on the breadth of its claims, ongoing patent validity, and alignment with the broader patent landscape. Stakeholders must consider infringement risks, potential licensing opportunities, and the competitive landscape to optimize IP management and market entry strategies.
Key Takeaways
- AU2017251814 offers secured protection for specific drug formulations, potentially covering novel delivery methods or compositions.
- The patent’s claims center on composition specifics and manufacturing processes, with an emphasis on stability and bioavailability.
- The broader patent landscape in Australia comprises numerous filings with overlapping concerns, requiring careful freedom-to-operate assessments.
- Licensing, enforcement, and R&D strategies should be aligned with the patent's scope and lifecycle status.
- Extending protection through international patent filings could enhance commercial leverage.
5 FAQs
Q1: How does patent AU2017251814 differ from other drug formulation patents?
It emphasizes unique composition parameters or delivery mechanisms that enhance stability or bioavailability, positioning it distinctively within existing formulations.
Q2: Can this patent be challenged or invalidated?
Yes, through prior art or inventive step arguments. It's essential to analyze the patent’s claims against existing technology or publications to assess vulnerability.
Q3: How long will the patent protection last?
Assuming regular maintenance fee payments, the patent will typically expire around 20 years from its filing date, estimated in 2037.
Q4: Are there similar patents in the US or Europe?
Potentially, but exact equivalence depends on the filing strategies and claim scope. Cross-jurisdiction patent family analysis is recommended.
Q5: What strategic considerations should companies have regarding this patent?
Companies should evaluate the scope relative to their products, conduct infringement assessments, consider licensing, and monitor ongoing patent land developments.
Sources:
[1] Australian Patent AU2017251814, Official Patent Register.
[2] WIPO Patent Scope Database.
[3] Australian Patent Office Guidelines on Patent Examination.
