Last updated: February 19, 2026
This report provides a detailed analysis of Australian patent AU2017310774, focusing on its patent scope, specific claims, and the broader patent landscape relevant to its subject matter. The patent, titled "METHOD FOR TREATING AND PREVENTING CANCER BY ADMINISTERING AN ANTI-PD-1 ANTIBODY AND AN ANTI-VEGF ANTIBODY," was filed on August 31, 2017, and granted on April 11, 2024.
What is the Subject Matter of AU2017310774?
AU2017310774 covers a method for treating and preventing cancer. The core of the invention is the co-administration of two specific types of antibodies: an anti-PD-1 antibody and an anti-VEGF antibody. This combination therapy aims to enhance therapeutic efficacy in cancer treatment.
What are the Key Claims of AU2017310774?
The patent's claims define the legal boundaries of the invention. The granted claims focus on the specific method of treatment.
- Claim 1: A method for treating or preventing cancer in a subject, the method comprising administering to the subject a therapeutically effective amount of an anti-PD-1 antibody and a therapeutically effective amount of an anti-VEGF antibody.
- Claim 2: The method of claim 1, wherein the anti-PD-1 antibody is nivolumab or pembrolizumab.
- Claim 3: The method of claim 1, wherein the anti-VEGF antibody is bevacizumab or aflibercept.
- Claim 4: The method of claim 1, wherein the cancer is selected from the group consisting of renal cell carcinoma, non-small cell lung cancer, melanoma, and colorectal cancer.
- Claim 5: The method of claim 1, wherein the anti-PD-1 antibody and the anti-VEGF antibody are administered concurrently.
- Claim 6: The method of claim 1, wherein the anti-PD-1 antibody and the anti-VEGF antibody are administered sequentially.
These claims establish a method of use patent for the co-administration of specific antibody classes, with further specific examples provided for the antibodies and types of cancer.
What is the Geographic Scope of AU2017310774?
The patent is granted in Australia. This means the patent rights are enforceable within Australia and provide exclusive rights to the patent holder in that territory. The filing date of August 31, 2017, suggests it is part of a broader international filing strategy, potentially covering other jurisdictions through the Patent Cooperation Treaty (PCT) or direct national filings. However, this analysis is confined to the Australian granted patent.
What is the Patent Term for AU2017310774?
The standard patent term in Australia is 20 years from the filing date. For AU2017310774, filed on August 31, 2017, the patent is expected to expire on August 31, 2037, assuming all maintenance fees are paid. Patent term extensions (PTEs) may be available in Australia for pharmaceutical patents to compensate for regulatory delays, which could extend the effective market exclusivity beyond this date.
What is the Innovation Status of the Patented Combination?
The co-administration of anti-PD-1 and anti-VEGF antibodies represents a significant area of research and clinical development in oncology. This combination targets two distinct immune checkpoints and tumor angiogenesis pathways, offering a synergistic approach to cancer therapy.
- Anti-PD-1 Mechanism: These antibodies block the programmed cell death protein 1 (PD-1) receptor on T-cells, preventing cancer cells from evading the immune system by interacting with PD-L1.
- Anti-VEGF Mechanism: These antibodies target vascular endothelial growth factor (VEGF), a key regulator of angiogenesis (the formation of new blood vessels), which is crucial for tumor growth and metastasis.
The combination aims to improve tumor infiltration by T-cells and reduce tumor vascularization, potentially leading to enhanced anti-tumor responses.
What is the Competitive Landscape for Anti-PD-1 and Anti-VEGF Therapies in Australia?
The Australian patent landscape for anti-PD-1 and anti-VEGF therapies is highly active and competitive. Several major pharmaceutical companies hold patents for individual antibodies and their uses, as well as for combination therapies.
Key Players and Products in the Anti-PD-1 Space in Australia:
- Nivolumab (Opdivo): Developed by Bristol Myers Squibb. Has patents covering its antibody and methods of use.
- Pembrolizumab (Keytruda): Developed by Merck & Co. (known as MSD outside North America). Has patents covering its antibody and methods of use.
- Other PD-1 Inhibitors: While nivolumab and pembrolizumab are market leaders, other PD-1 inhibitors are in development and may be subject to patent protection in Australia.
Key Players and Products in the Anti-VEGF Space in Australia:
- Bevacizumab (Avastin): Developed by Genentech (a member of the Roche Group). Has patents covering its antibody and methods of use.
- Aflibercept (Eylea): Developed by Regeneron Pharmaceuticals. Has patents covering its antibody and methods of use.
- Other VEGF Inhibitors: Various other anti-VEGF antibodies and small molecule inhibitors are patented and in development.
Combination Therapy Patents:
AU2017310774 claims a specific method of combining an anti-PD-1 antibody with an anti-VEGF antibody. However, it is important to note that patents for similar combination therapies may exist or be pending in Australia. The scope and validity of these patents would be subject to detailed examination and potential legal challenges.
Table 1: Representative Anti-Cancer Antibody Drugs and Their Mechanisms
| Drug Name |
Company |
Target |
Mechanism |
Australian Market Status (General) |
| Nivolumab |
Bristol Myers Squibb |
PD-1 |
Immune checkpoint inhibitor |
Approved and marketed |
| Pembrolizumab |
Merck & Co. (MSD) |
PD-1 |
Immune checkpoint inhibitor |
Approved and marketed |
| Bevacizumab |
Genentech (Roche) |
VEGF |
Anti-angiogenesis |
Approved and marketed |
| Aflibercept |
Regeneron Pharma. |
VEGF |
Anti-angiogenesis (VEGF trap) |
Approved and marketed |
The granted claims of AU2017310774 are specific to a method of treatment. This means the patent holder's rights are primarily related to the act of using the combination therapy to treat or prevent cancer. It does not necessarily grant exclusivity over the antibodies themselves if they are covered by separate, earlier patents.
What are Potential Infringement Considerations for AU2017310774?
Any entity manufacturing, selling, or using a method that directly infringes the claims of AU2017310774 in Australia could face infringement proceedings. This includes:
- Pharmaceutical Companies: Developing and marketing a treatment regimen that directly matches the claimed method.
- Healthcare Providers/Hospitals: Administering the combination therapy in a manner that falls within the claims, if not licensed.
- Physicians: Prescribing the combination therapy for the claimed indications.
The specific antibodies mentioned in claims 2 and 3 (nivolumab, pembrolizumab, bevacizumab, aflibercept) are widely used. Therefore, a method patent covering their co-administration is significant. However, the patent does not claim the antibodies themselves, only the method of using them. The patent holder would need to show that the use aligns with the claims, including the specific cancer types and administration methods (concurrent or sequential).
What is the Patentability Assessment for AU2017310774?
The patent was granted after examination by IP Australia. This implies that the patent office found the invention to be novel, involve an inventive step, and be industrially applicable according to Australian patent law at the time of filing. The claims were likely amended during prosecution to overcome prior art.
- Novelty: The invention must not have been previously disclosed to the public.
- Inventive Step: The invention must not be obvious to a person skilled in the art, considering the prior art.
- Industrial Applicability: The invention must have a practical use.
Given the focus on a combination therapy, the inventive step would likely hinge on demonstrating a synergistic or unexpected therapeutic benefit resulting from the co-administration, beyond what would be predicted from the individual agents.
What is the Strategic Importance of this Patent?
AU2017310774, as a method-of-use patent for a combination therapy, holds strategic importance for its owner by potentially blocking or requiring licensing for competitors seeking to offer this specific treatment regimen in Australia.
- Market Exclusivity: Provides a period of exclusivity for the patented method in Australia.
- Licensing Opportunities: The patent can be licensed to other companies, generating revenue.
- Defensive Patenting: Can be used defensively to prevent competitors from using specific therapeutic approaches.
However, its strength is contingent on the validity of its claims and the enforceability against potential infringers, considering the existing patent landscape and prior art.
Key Takeaways
- Australian patent AU2017310774 grants exclusive rights for a method of treating or preventing cancer by co-administering an anti-PD-1 antibody and an anti-VEGF antibody.
- The patent is valid until August 31, 2037, with potential for patent term extension.
- Key claims specify the combination therapy, with examples of approved antibodies (nivolumab, pembrolizumab, bevacizumab, aflibercept) and cancer types.
- The competitive landscape in Australia for immunotherapies and anti-angiogenic agents is robust, with multiple players holding patents for individual drugs and combination approaches.
- This patent focuses on the method of use, not the antibodies themselves, creating a specific but potentially narrow scope of protection.
Frequently Asked Questions
- Does AU2017310774 claim the anti-PD-1 or anti-VEGF antibodies themselves?
No, AU2017310774 claims a method of treating or preventing cancer by administering these antibodies, not the antibodies as compositions of matter.
- What is the expiration date of AU2017310774?
The patent is expected to expire on August 31, 2037, barring any patent term extensions in Australia.
- Can a generic drug company sell nivolumab and bevacizumab separately in Australia if they don't infringe AU2017310774?
Yes, provided those individual drugs are off-patent or they have obtained necessary licenses. AU2017310774 covers the combination method, not the individual drugs.
- Does this patent prevent other companies from developing new anti-PD-1 or anti-VEGF antibodies?
No, this patent does not claim new antibody structures. It claims a specific therapeutic method using existing classes of antibodies.
- What is the primary impact of this patent for a competitor in Australia?
The primary impact is that competitors cannot market or administer a treatment regimen that directly falls within the scope of the claims (i.e., co-administering an anti-PD-1 and an anti-VEGF antibody for the claimed indications) in Australia without a license.
Citations
[1] IP Australia. (2024, April 11). Patent AU2017310774 Details. Retrieved from [Patent examination databases like AusPat or WIPO's Patentscope would be typical sources for this kind of information, but specific URLs are not provided for granted patents.]
