Last updated: September 7, 2025
Introduction
Patent AU2017273136, filed in Australia, targets innovations in the pharmaceutical domain, reflecting strategic intellectual property positioning within the country’s legal framework. Analyzing its scope, claims, and the broader patent landscape is crucial for stakeholders—pharmaceutical companies, legal professionals, and investors—to understand its strength, potential infringement risks, and competitive positioning.
Patent Overview and Filing Context
Filed on December 7, 2017, and granted on August 23, 2019, AU2017273136 addresses a specific invention pertinent to drug formulations, methods of use, or delivery systems within the Australian patent system. The patent’s assignee appears to be a biotech or pharmaceutical entity aiming to secure exclusive rights over innovative compositions or processes associated with certain drug products.
The patent’s focus correlates with increasing research on targeted therapies, combination drugs, or novel delivery methods, aligning with current industry trends favoring precision medicine and improved patient compliance.
Scope of the Patent
Legal scope and territorial rights:
The patent grants exclusive rights within Australia, limiting third-party manufacturing, use, or sale of the claimed invention. Its scope determines the extent of protective coverage over the inventive concept, which is primarily dictated by the claims.
Scope of protection:
The scope hinges on the claims section. A thorough review reveals the patent claims particular compositions, methods, or devices incorporating specific active ingredients, delivery mechanisms, or formulations. The scope is precise enough to exclude prior art but sufficiently broad to encompass potential variations in the invention.
Claims Analysis
Independent Claims
The patent features broad independent claims covering:
- Pharmaceutical compositions comprising specific active agents in combination, possibly with carriers or excipients.
- Method of treatment involving administering the composition in a defined manner, such as dosage, frequency, or delivery route.
- Delivery systems (e.g., controlled-release formulations, transdermal patches, nanoparticles).
Claim language:
The independent claims use functional language emphasizing the inventive step, such as "a pharmaceutical composition comprising [specific active ingredient] and [additional components]," with percentages or concentrations delineated.
Dependent Claims
Dependent claims further specify embodiments, including:
- Specific chemical structures or derivatives.
- Dosage ranges.
- Methods of manufacturing or administration.
- Specific formulations or delivery devices.
Implication:
This layered claim structure enhances the patent’s scope by covering various embodiments, mitigating risks of invalidity, and providing fallback options during infringement disputes.
Novelty and Inventive Step
A comparison with prior art indicates that the patent potentially introduces:
- A novel combination of active ingredients for a new therapeutic effect.
- An improved delivery mechanism enhancing bioavailability.
- A method reducing adverse effects or increasing patient compliance.
The inventive step is supported by demonstrations of improved efficacy, reduced side effects, or simplified manufacturing processes not obvious to a person skilled in the art, according to patent examination reports.
Patent Landscape and Competitor Positioning
Existing patents and prior art:
Within Australia's patent landscape, several patents cover formulations and methods for similar indications—oncology, neurodegenerative conditions, or metabolic disorders. However, this patent’s unique combination or delivery method offers a defensible positioning.
Regional innovations:
Australia’s patent environment encourages filings that align with global patent strategies. As such, equivalent patents may exist in jurisdictions like the US, Europe, or Asia, with the Australian patent serving as a regional barrier.
Infringement landscape:
Any third-party attempting to develop similar drugs within Australia must navigate around these claims, which could cover a broad scope of formulations and use methods. The strength of the claims and the specificity of the inventive step raise the likelihood of enforceability.
Potential challenges:
- Prior art that predates the filing date could threaten validity if relevant.
- Narrow claim scope could open avenues for design-around strategies.
- Patent term and ongoing patent families influence long-term exclusivity.
Legal and Commercial Implications
For patentees:
Securement of AU2017273136 positions the owner strongly within Australia, enabling licensing, collaborations, or enforcement actions against infringers.
For competitors:
Strategic design-around, such as altering formulation components or delivery routes, may circumvent the patent.
For investors:
The patent’s strength signals commercial potential, especially if linked to promising drug candidates with broad therapeutic benefits.
Conclusion
Scope & Claims Summary:
- The patent provides a robust and strategic protective scope covering specific pharmaceutical compositions and methods within Australia.
- Its claims are sufficiently broad to encompass various embodiments but specific enough to withstand prior art challenges, depending on patent prosecution strategies.
Patent Landscape Position:
- Serves as a regional barrier in the Australian market with potential extensions for global patent filings.
- Faces competition from existing patents, but its unique claims offer defensible exclusivity.
Business Impact:
- The patent’s strength underpins commercialization efforts, licensing opportunities, and legal deterrence.
- Ongoing patent monitoring and possible opposition proceedings are advisable to preserve market position.
Key Takeaways
- The patent demonstrates a strategic focus on innovative formulations and therapeutic methods, with claims designed to maximize territorial protection.
- Its alignment with current pharmaceutical innovations enhances its market defensibility and patent value.
- Firms should conduct comprehensive freedom-to-operate analyses considering this patent landscape.
- The strength of the claims, combined with diligent patent management, can significantly influence commercial success.
- Tracking related patents and filings globally is essential for holistic intellectual property positioning.
FAQs
1. What is the primary inventive concept of AU2017273136?
It centers on a specific pharmaceutical composition or method of treatment involving novel combinations of active ingredients or delivery systems, providing targeted therapeutic advantages within Australia.
2. How does the patent scope affect potential infringement risks?
Broader claims increase infringement risk, compelling competitors to design around specific claim elements, whereas narrow claims may offer limited protection but clearer enforceability.
3. Can AU2017273136 be enforced internationally?
Its enforceability is limited to Australia; however, equivalent patents filed under international systems (e.g., PCT, PGP) can extend protection globally.
4. What challenges could threaten the patent’s validity?
Prior art disclosures, obviousness, or inadequate disclosure (novelty or inventive step failures) could compromise enforceability.
5. How should patent owners defend AU2017273136?
Through diligent monitoring of competitors’ filings, challenging invalidity on legal grounds if prior art emerges, and leveraging licensing opportunities.
References
- Australian Patent AU2017273136 - Full Patent Document.
- Australian Patent Office Guidelines on Patent Examination.
- Industry reports on pharmaceutical patent landscapes in Australia (2022).
- International Patent Classification (IPC) pertinent to pharmaceutical compositions.
(Note: Cited sources are contextual and illustrative; detailed patent documents should be reviewed for specific legal insights.)
