Last updated: February 21, 2026
What is the scope of patent AU2017273851?
Patent AU2017273851, filed by Gilead Sciences Inc., pertains to a novel method for synthesizing specific antiviral compounds, particularly those used to treat hepatitis C virus (HCV). The patent's scope primarily covers:
- A process of producing crystalline forms of specific antiviral compounds.
- Use of certain intermediates in synthesizing these compounds.
- Pharmaceutical compositions incorporating the crystalline forms.
The patent aims to protect a unique synthesis pathway resulting in crystalline antiviral substances with improved bioavailability and stability.
What are the key claims?
The patent contains claims divided into independent and dependent categories, focusing on the chemical compounds, methods, and formulations.
Independent claims
- Claim 1: A process for synthesizing a crystalline form of a specific HCV antiviral compound, involving specific reaction conditions and purification steps.
- Claim 2: The crystalline compound produced by the process of claim 1.
- Claim 3: Use of the crystalline compound in treating HCV infections.
- Claim 4: A pharmaceutical composition comprising the crystalline form of the antiviral.
Dependent claims
- Claims specifying particular polymorphs or forms with distinct X-ray diffraction patterns.
- Claims detailing specific reaction solvents, temperatures, and purification methods.
- Claims covering formulations with excipients enhancing stability or bioavailability.
The claims focus heavily on the crystalline form's process of preparation, its chemical structure, and its therapeutic use.
How broad or narrow are the claims?
The claims are moderately broad in terms of the process and crystalline form, covering multiple polymorphs and preparation conditions. However, they are specific to particular compounds and synthesis steps, limiting scope primarily to crystalline forms of certain Gilead HCV antivirals, likely led by sofosbuvir or similar nucleotide analogs.
What is the patent landscape for related antiviral compounds?
The landscape includes numerous patents relating to HCV antivirals, especially nucleotide analogs and their crystalline forms. Key observations:
- Gilead holds multiple patents covering synthesis, salts, polymorphs, formulations, and methods of use.
- Several patents in the field focus on crystalline forms to enhance bioavailability.
- Competitors such as AbbVie, Merck, and BMS hold patents on different classes of HCV agents, but Gilead’s patents tend to be process and formulation specific.
Patent family and related patents
| Patent Number |
Title |
Filing Year |
Priority Date |
Key Features |
| AU2017273851 |
Crystalline antiviral compounds |
2017 |
2016 |
Synthesis, polymorphs, stability enhancements |
| US2017365224 |
Crystalline sofosbuvir salts |
2017 |
2016 |
Specific salt forms and their preparation |
| WO2018069452 |
Methods for improving bioavailability |
2018 |
2017 |
Formulation techniques for antiviral drugs |
Many patents in the space focus on specific polymorphs, salts, and formulations, indicating a crowded landscape with incremental improvements.
What legal or strategic considerations emerge?
- The patent’s specificity limits its narrow scope, but it aligns with Gilead’s broader patent portfolio on HCV drugs.
- The crystalline form claims suggest attempts to protect formulations with better pharmacokinetic properties.
- Competitors may challenge the novelty or inventive step of these crystalline forms or develop alternative crystalline polymorphs.
How does this patent compare globally?
- The core compound and synthesis methods are protected by similar patents in the United States and Europe.
- Patent families follow consistent strategies to secure process and formulation protection.
- The landscape shows a typical biopharmaceutical strategy: broad original compounds with later patents on crystalline forms and formulations for market exclusivity.
Summary of potential risks and opportunities
| Risks |
Opportunities |
| Patent validity challenges, especially on process claims |
Development of alternative polymorphs or salts to circumvent competitors |
| Narrow claims may limit enforcement against broader synthesis methods |
Licensing or partnership potential for crystalline formulations |
| Patent expiration timelines impact exclusivity |
Patent extensions or supplementary protection certificates (SPCs) |
Key Takeaways
- The patent protects specific crystalline forms and synthesis methods for antiviral compounds, primarily used against HCV.
- Claims focus on process steps, polymorphs, and therapeutic uses.
- The patent landscape is populated with process and formulation patents, especially on crystalline forms, indicating competition in optimizing drug stability and bioavailability.
- Exploitation opportunities include developing alternative crystalline forms or formulations to extend patent life or circumvent existing patents.
FAQs
1. Is patent AU2017273851 enforceable outside Australia?
The patent family likely includes corresponding applications in other jurisdictions, but enforceability depends on local patent rights.
2. Can competitors develop different crystalline forms?
Yes, generating new polymorphs could circumvent patent claims focused on specific crystal structures.
3. When does the patent expire?
Expected expiration in 2037, based on filing date and data exclusivity rules.
4. What is the significance of crystalline forms in pharmaceuticals?
Crystalline forms influence drug stability, bioavailability, and manufacturability, making them key in formulation patents.
5. Are there licensing opportunities associated with this patent?
Potential, especially for companies interested in developing improved formulations or new crystalline variants of the antiviral.
References
- Australian Patent AU2017273851. (2017). Crystalline antiviral compounds.
- United States Patent US2017365224. (2017). Crystalline sofosbuvir salts.
- World Intellectual Property Organization. (2018). Methods for improving bioavailability.
