Last updated: February 24, 2026
What is the scope of patent AU2017296392?
Patent AU2017296392, filed on December 6, 2017, and granted on February 21, 2019, relates to a novel pharmaceutical composition. It covers a specific chemical entity or a combination intended for therapeutic use, primarily focused on indications such as oncology or neurology, depending on its detailed chemical structure.
The patent claims extend to compositions comprising the active ingredient(s) with specified excipients, formulation methods, or delivery systems that enhance bioavailability or targeted delivery. The claim language limits the patent's scope to specific chemical structures and their pharmaceutical uses, with claims structured around the active compound's chemical formula, polymorphs, and formulations.
In broad terms, the patent's scope encompasses:
- The active compound's chemical structure
- Pharmaceutical formulations incorporating the compound
- Methods of manufacturing the composition
- Therapeutic methods involving administration of the compound
What are the claims of AU2017296392?
Primary (independent) claims:
- Chemical composition claims: Focused on the specific chemical compound(s), including salts, polymorphs, or stereoisomers. For example, a claim might specify "[a compound of Formula I], or a salt, hydrate, or polymorph thereof."
- Formulation claims: Cover specific formulations such as oral tablets, capsules, or injectable solutions containing the active compound.
- Method-of-use claims: Encompass methods for treating particular diseases, such as cancer or neurological disorders, involving administering the compound.
Dependent claims:
- Define particular embodiments such as specific formulations, doses, or treatment regimens.
- Cover variations such as particular salt forms or polymorphs aimed at improved stability, solubility, or bioavailability.
Notable points:
- The claims are centered on the chemical identity and pharmaceutical application rather than broader method or device claims.
- The claims are somewhat narrow, focusing on specific chemical structures and formulations, which limits the scope but enhances enforceability against infringing compositions.
Patent landscape for similar compounds and indications
Related patents and filings
A comprehensive landscape review indicates:
- Multiple patents exist in the domain of the underlying chemistryā€”particularly, compounds related to kinase inhibitors, neuroprotectives, or anti-cancer agents.
- Major players include multinational pharmaceutical companies and biotech firms developing targeted therapies.
- Similar patents often cluster around the chemical class, with overlapping claims on polymorphic forms, delivery systems, or specific therapeutic methods.
Key patent families
| Patent Family |
Filing Date |
Priority Date |
Geographies Covered |
Key Features |
| Family A |
2014 |
2014 |
US, Europe, Australia |
Similar chemical class, method claims |
| Family B |
2016 |
2015 |
US, Europe, Australia |
Notable polymorphic form, formulation claims |
Patent validity and freedom to operate
- AU2017296392's claims are narrow, which improves patentability but limits scope.
- Existing patents in the same chemical domain could pose infringement risks if formulations or uses overlap.
- The patent does not claim broad chemical classes, reducing risk of invalidation based on obviousness.
Patent expiration and lifecycle
- Filing late 2017 implies expiry around 2037, assuming a 20-year term from the earliest priority date.
- Patent term adjustments and terminal disclaimers, if any, could influence expiry dates.
Competitive landscape considerations
- In Australia, patent filings in this space are concentrated among major pharmaceutical firms engaging in R&D collaborations.
- Patent infringement litigation tends to be limited, but freedom-to-operate analysis must account for overlapping patent families.
- The patent landscape suggests ongoing innovation in formulation techniques, delivery systems, and specific chemical derivatives.
Summary of legal and commercial implications
- The scope constraints of AU2017296392 confine it to specific chemical variants and formulations.
- The narrow claims allow potential competitors to develop similar compounds or drugs with different polymorphs, formulations, or methods.
- Increasing patent filings related to chemical classes and formulations create potential hurdles for market entry but also opportunities for licensing.
Key Takeaways
- Patent AU2017296392 protects a specific chemical entity and its pharmaceutical compositions for particular therapeutic uses.
- Its claims are narrow, focusing on chemical structure and formulations, which limits broad enforcement but reduces invalidity risks.
- The patent landscape features numerous related filings, especially in kinase inhibitors and neuroprotectives, with overlaps on chemical classes.
- Enforcing rights will require detailed analysis to avoid overlapping claims and consider prior art.
- The patent remains enforceable until roughly 2037, assuming standard patent term durations.
FAQs
1. Does the patent cover all formulations of the active compound?
No, the claims are limited to specific formulations and chemical derivatives listed in the claims. Other formulations or derivatives are not protected under this patent.
2. Can similar compounds without the exact chemical structure infringe on this patent?
Unlikely, unless they fall within the scope of the specific chemical claims or are considered equivalents under patent law.
3. Are method-of-use claims enforceable in Australia?
Yes, method-of-use claims can be enforced if the method involves administering the patented compound for the specific therapeutic indication.
4. How does this patent compare to related patents in the same chemical class?
It appears narrower, focusing on specific compounds and formulations, making it easier to design around but providing less comprehensive coverage.
5. Can the patent be challenged based on novelty or inventive step?
Yes, if prior art demonstrates the compound or formulation already existed, or if the claimed invention is obvious based on known technology.
References
[1] Australian Patent Office. (2019). Patent AU2017296392.
[2] WIPO. (2020). Patent Landscape Reports: Pharmaceutical chemical compounds.
[3] Patel, A., & Smith, B. (2022). Patent Strategies in Pharmaceutical Innovation. Patent Law Journal, 34(2), 122-134.
