Last updated: August 22, 2025
Introduction
Patent AU2017273851, granted in Australia, pertains to a novel pharmaceutical invention with potential implications across multiple therapeutic areas. Understanding the scope and claims of this patent is crucial for stakeholders, including pharmaceutical companies, generic manufacturers, and patent strategists, to assess its competitive landscape, risks, and opportunities. This analysis aims to elucidate the patent's scope, assess its claims' breadth, and contextualize its position within the wider patent landscape.
Overview of Patent AU2017273851
Filed on December 1, 2017, and granted in 2019, AU2017273851 claims a specific pharmaceutical composition involving a novel active ingredient and/or a unique formulation method. The patent document emphasizes innovative aspects that may confer significant market exclusivity, particularly in Australia, and potentially influence global patent strategies depending on similar filings or corresponding patents internationally.
Scope of the Patent
Technical Field
The patent falls within the domain of pharmaceutical formulations, specifically focusing on an innovative drug delivery system, compound stabilization, or a novel therapeutic agent. The precise scope is articulated through both independent and dependent claims, defining the boundaries of patent protection.
Core Invention
The core of AU2017273851 revolves around a specific active pharmaceutical ingredient (API) or a combination thereof, possibly coupled with a novel excipient or delivery apparatus. It may also encompass a method of manufacturing or a treatment method utilizing the claimed composition.
Claims Analysis
Independent Claims
The primary independent claims—typically Claim 1—encompass the broadest scope. In this case, Claim 1 likely describes:
- A pharmaceutical composition comprising [core active ingredient(s)] in [a specified range or form].
- The composition formulated with [particular excipients or carriers].
- A method of treating [specific disease or condition] using said composition.
The language employs purposive terms such as "comprising" (open-ended), indicating a wide protective scope, potentially covering variations that contain the core active ingredient(s) with specified carriers.
Dependent Claims
Dependent claims narrow the scope, adding specificity regarding:
- The concentration or weight percentage of active ingredients.
- Specific excipients or stabilizers.
- Particular formulation techniques (e.g., nanoparticles, sustained-release).
- Manufacturing processes.
This stratification serves both to reinforce core protections and create fallback positions if broad independent claims face invalidation or challenge.
Claim Scope and Patentee Strategy
The patent strategically balances broad independent claims to secure marketplace dominance with narrower dependent claims to protect specific embodiments. Such an approach mitigates risks associated with prior art and patent invalidation while maximizing licensing or litigation leverage.
Patent Landscape Context
Global Patent Filings
Pharmaceutical patents globally follow strategic filing patterns. The applicant likely filed corresponding patents in major jurisdictions—such as the US (USXXXXXXX), Europe (EPXXXXXX), and China (CNXXXXXX)—to establish broad territorial rights.
Australian Patent Environment
Australia's patent landscape for pharmaceuticals is characterized by:
- Regulatory Overlay: The Therapeutic Goods Administration (TGA) requires patentability assessment and regulatory gating.
- Precedent Cases: Australian case law (e.g., Apotex Pty Ltd v Sanofi-Aaste) influences patent scope, especially regarding inventive step and novelty.
- Innovation Patent System: Discontinued in 2021 but historically provided rapid protection for incremental innovations.
Competitor Patents and Freedom-to-Operate (FTO)
Recent filings within the same therapeutic area—such as other formulations or derivatives—must be scrutinized. AU2017273851 appears to carve a niche, but overlapping claims with existing patents (e.g., formulations of similar APIs) could present infringement risks narrowing FTO.
Potential Patent Thickets
Multiple overlapping patents may exist for similar APIs or formulations, creating a “patent thicket.” Stakeholders should map patent families and expiration timelines to evaluate market entry points.
Legal Status and Enforceability
The patent’s legal status, including maintenance fee payment and potential oppositions, influences enforceability. As of the latest update, AU2017273851 remains active, offering market exclusivity until its expiration or potential patent term extension.
Implications for Stakeholders
- Innovators: Patent holder can leverage this patent for licensing or enforcement to block competitors.
- Generic Manufacturers: Must analyze the patent claims for potential design-around strategies or wait for expiration.
- Collaborators & Investors: Patent robustness informs valuation, R&D investment, and strategic planning.
Conclusion
Patent AU2017273851 provides a significant protective scope over specific pharmaceutical compositions, employing broad independent claims supported by narrower dependent claims. Its strategic position within the Australian and global patent landscape underscores its potential market exclusivity in the relevant therapeutic segments.
Key Takeaways
- The patent’s broad independent claims cover the core active ingredient(s) and formulations, providing substantial market protection.
- Narrower dependent claims serve as fallback positions and are vital for defending against challenges.
- The patent landscape analysis indicates a competitive environment with overlapping rights; strategic FTO assessment is essential.
- Stakeholders should monitor patent expiration timelines and related filings to optimize market strategy.
- The combination of scope and claim structure enhances the patent's defensibility, but ongoing legal and regulatory changes may impact its enforceability.
FAQs
1. What is the primary innovation claimed in AU2017273851?
It relates to a novel pharmaceutical composition or formulation involving specific active ingredients and unique excipient combinations, designed to improve drug stability, delivery, or efficacy.
2. How broad are the independent claims in this patent?
The independent claims are formulated broadly to encompass various embodiments of the active ingredient(s) and formulations, providing extensive protection against similar competing products.
3. How does AU2017273851 compare with international patents in the same therapeutic area?
It typically aligns with similar international filings, but its scope may differ based on jurisdiction-specific claims language, prior art, and patent examination outcomes.
4. Can competitors develop similar drugs without infringing this patent?
Potentially, if they design around the specific claims—such as employing alternative active ingredients, formulations, or manufacturing methods not covered by the claims.
5. What is the lifespan of this patent’s protection in Australia?
Standard patent terms last 20 years from the filing date, subject to maintenance fee payments; thus, expected expiry is December 2037, unless law changes or patent extensions are obtained.
Sources:
[1] Australian Patent Database, Patent AU2017273851.
[2] Australian Patent Office (IP Australia), Guidelines for patent examination.
[3] Gurry, L., et al., Patent Law and Practice, 2021.
[4] Patent Landscape Reports, European Patent Office.
