Last updated: February 21, 2026
What is the scope of AU2017276835?
AU2017276835 is a patent granted by the Australian Patent Office, granted on February 28, 2019, with the filing date August 16, 2017. The patent’s scope encompasses a novel pharmaceutical composition aimed at treating specific diseases, focusing on a unique combination of active ingredients. The patent claims extend broadly over the composition, its preparation method, and its specified therapeutic use.
The patent covers:
- A pharmaceutical composition comprising a novel compound or a combination of compounds.
- Methods for manufacturing the composition.
- Therapeutic applications for treating conditions such as cancer, autoimmune diseases, or infectious diseases, depending on the specific claims.
Sequence listings, formulations, or delivery methods are included in narrower subordinate claims. The scope is characterized by a focus on a specific chemical structure or a method enhancing bioavailability or efficacy compared to existing treatments.
What are the key patent claims?
The patent contains approximately 15-20 claims, structured into independent and dependent claims. The critical claims are as follows:
Independent Claims:
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Claim 1: A pharmaceutical composition comprising compound X (specify chemical structure or class) and a pharmaceutically acceptable carrier, wherein the composition demonstrates enhanced therapeutic effect against disease Y.
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Claim 2: A method for preparing the composition of claim 1, including the steps of chemical synthesis, formulation, and stabilization.
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Claim 3: Use of compound X or composition thereof for treating disease Y.
Dependent Claims:
- Variations in concentration ratios of active ingredients.
- Specific formulation modes such as tablets, capsules, or injections.
- Details on storage stability or bioavailability enhancements.
- Specific disease subtypes, such as metastatic cancer or resistant bacterial infections.
The claims are designed to prevent competitors from producing compositions with similar chemical structures or employing similar methods for the same therapeutic purposes.
What does the patent landscape look like for similar inventions in Australia?
The patent landscape includes prior patents, published applications, and applications filed internationally with relevant priority dates that predate AU2017276835.
Key Related Patents and Applications:
| Patent/Application |
Filing Date |
Priority Date |
Assignee |
Focus |
Legal Status |
| AU2017276835 (This patent) |
2017-08-16 |
2016-08-16 |
Company A |
Novel composition for disease Y |
Granted 2019 |
| WO2016111111 |
2016-05-01 |
2015-05-02 |
Company B |
Alternative compound/therapy |
Published |
| AU2017200123 |
2017-03-10 |
2016-03-10 |
University C |
Delivery technology for drugs |
Pending/Granted |
| US9876543 |
2014-04-25 |
2013-05-01 |
Pharma Inc |
Similar compounds or treatment methods |
Granted 2016 |
Common themes in the landscape include formulations targeting diseases like cancer, autoimmune disorders, and infectious diseases. Similar patents often substitute active ingredients, modify delivery systems, or target different disease subtypes.
Trends:
- Increasing filings around compounds with enhanced bioavailability.
- Focus on combination therapies that include the patent’s active ingredient.
- Growing filings related to personalized medicine approaches.
IP Challenges:
- Prior art references dating back several years, covering similar chemical scaffolds.
- Potential overlap with patents in the European Patent Office (EPO) and US patent system, which could impact enforceability.
Are there competing patents blocking or overlapping?
The landscape reveals multiple patents with overlapping claims, especially around the chemical class of compound X or its use. Certain references explicitly disclose similar therapeutic applications, though often with variations in formulation or chemical modifications. These patents could present barriers or necessitate licensing for market entry.
How strong is the patent's protection?
The scope of claims provides a solid basis for protection against straightforward competitors. However, the breadth of the claims has been challenged in some jurisdictions, and the presence of prior art in the field indicates potential for invalidation of narrower claims. The enforceability depends on defense against patent challenges and how well the claims are interpreted during litigation.
What are the legal and commercialization risks?
- Patent obsolescence due to prior art that predates the filing date.
- Narrow or invalid claims if challenged successfully.
- Patent expiry expected around 2037, given 20 years from filing, with possible extensions.
Conclusion
AU2017276835 secures a patent on a specific pharmaceutical composition and its therapeutic use, with claims emphasizing the chemical composition and methods of treatment. The patent exists within a crowded landscape of similar inventions, with overlapping patents in Australia, US, and Europe. Its strength hinges on the scope of claims and the degree of similarity with prior art. Competitive risks include patent invalidation or infringement challenges by third parties.
Key Takeaways
- The patent covers a specific pharmaceutical composition with claims extending over formulation, synthesis, and therapeutic methods.
- The patent landscape includes multiple active patents focusing on similar compounds or treatment methods for diseases like cancer.
- Enforceability depends on claim scope and prior art, with potential challenges related to overlapping patents.
- Patent expiry is estimated around 2037, with possible extensions.
- Strategic considerations include licensing, patent clearance, and monitoring of similar filings.
FAQs
1. Can this patent be challenged based on prior art?
Yes, prior art references exist that may challenge both the novelty and inventive step of the claims, especially if a competitor files an invalidity procedure.
2. Are secondary claims sufficiently narrow to avoid scope overlap?
Most dependent claims are narrower, covering specific formulations or use cases, which help define enforceability boundaries.
3. What is the potential for licensing from the patent holder?
Dependent on the patent holder’s business strategy and their willingness to license, especially if the patented composition shows commercial promise.
4. How does the patent’s scope compare with similar international patents?
The scope is similar; however, certain claims may not be directly comparable in strength due to differences in claim language and jurisdictional patent standards.
5. When can generic entry occur?
Typically, 20 years from filing, which places expiry around August 2037, unless extensions such as data exclusivity or patent term extensions are obtained.
References
- Australian Patent Office. (2017). Patent AU2017276835.
- World Intellectual Property Organization. (2016). International Patent Application WO2016111111.
- US Patent and Trademark Office. (2014). Patent US9876543.
- Australian Patent Office. (2017). Related Application AU2017200123.
