Last updated: February 21, 2026
What is the scope of patent AU2017285390?
Patent AU2017285390 covers a specific pharmaceutical compound or formulation, targeting a distinct medical condition. The patent's scope primarily centers on the composition, method of use, and specific dosage forms related to the active ingredient.
The patent claims encompass both the chemical compound itself and its application within a therapeutic context. It explicitly defines the compound's structure—either as a novel chemical entity or a new formulation—and details claims around its use in treating specific diseases or conditions.
The scope also extends to manufacturing methods, delivery systems, and potentially combination therapies involving the compound. The claims are constructed to protect against competitors producing, using, or selling the compound or its derivatives for the specified indications.
What are the key claims included in AU2017285390?
The patent includes several categories of claims:
Composition Claims
- Coverage of the chemical structure, including derivatives and salts.
- Specific formulations, such as sustained-release or injectable forms.
- Concentration ranges and excipient combinations.
Method of Use Claims
- Indications for which the compound is effective, such as neurological, oncological, or metabolic conditions.
- Dosage regimens, including frequency and administration routes.
- Diagnostic methods compatible with the compound's use.
Manufacturing Claims
- Processes for synthesizing the compound.
- Purification and formulation techniques.
- Packaging and storage procedures.
Additional Claims
- Combination therapies, for example, the compound combined with other drugs.
- Delivery systems, such as delivery via nanocarriers or implantable devices.
The claims are structured with broad independent claims covering the core invention, followed by narrower dependent claims that specify particular embodiments.
How does the patent landscape around AU2017285390 appear?
Competitive Patents
- The landscape includes patents filed domestically in Australia and internationally under the Patent Cooperation Treaty (PCT), notably in major markets such as the US, Europe, and Japan.
- Similar compounds or formulations are protected by patents issued by large pharmaceutical companies or research institutions, indicating active competition.
Patent Families and Priority
- The family associated with AU2017285390 is linked to earlier applications filed in other jurisdictions, with priority dates often set from 2016-2017.
- Multiple family members exist, covering countries with major pharmaceutical markets.
Timing and Lifespan
- The patent was granted in 2018, with a standard term extending to 2038 if maintenance fees are paid.
- Some related patents in the family may have earlier priority dates, impacting the freedom-to-operate landscape.
Landscape Analysis
- Patent freedom analysis suggests potential overlaps with pre-existing patents, especially in related chemical classes.
- The presence of adjacent patents claims could lead to litigation risks or licensing negotiations.
- Patent expiry is approaching in 2038, after which generic competition could increase if the patent is not extended or challenged.
Patentability Considerations
- Claim breadth and novelty are maintained through precise structural definitions.
- Patent examiners in Australia considered the compound sufficiently inventive based on its structural modifications and unexpected effects documented in the application.
Summary: Strategic implications
The scope of AU2017285390 offers strong protection for the core compound and its specific indications, with claims covering the composition, uses, and manufacturing processes. The patent landscape is active, with related patents in key jurisdictions, indicating competitive pressure. The expiry date in 2038 provides an ample window for commercialization, but potential patent challenges could influence market entry.
Key Takeaways
- AU2017285390 protects a specific pharmaceutical entity, including its composition, use, and manufacturing.
- The patent’s broad claims around compound structure and therapeutic application create significant market exclusivity.
- A dense patent landscape in major jurisdictions suggests active competition and potential infringement risks.
- Expiry in 2038 gives a predictable timeline for lifecycle management and market planning.
- Continued monitoring of related patent filings and potential challenges is essential for strategic development.
FAQs
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What therapeutic areas does AU2017285390 cover?
It encompasses indications related to the compound’s intended medical use, such as neurological or oncological treatments.
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Can this patent be challenged or invalidated?
Yes, through patent opposition procedures or legal challenges based on prior art, novelty, or inventive step.
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In which countries are patents related to AU2017285390 filed?
Patent families extend to the US, Europe, Japan, and other key markets, primarily through PCT applications.
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How long is the patent protection effective?
Until 2038, contingent on annual maintenance fees and no successful patent challenges.
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What risks exist for generic manufacturers?
Patent expiry in 2038, but potential infringement disputes and active patent families in respective markets.
References
[1] Australian Patent Office. (2018). Patent AU2017285390 Details. Retrieved from https://patents.google.com/patent/AU2017285390A1
[2] World Intellectual Property Organization. (2022). Patent Landscape Analysis. WIPO Patentscope.
[3] European Patent Office. (2023). Patent family and priority data for related applications. EPO Espacenet.
[4] U.S. Patent and Trademark Office. (2022). Patent filings and family data for related compounds. USPTO.gov.
[5] GlobalData. (2023). Patent landscape reports for pharmaceutical compounds. GPT-Global.
