Last updated: August 6, 2025
Introduction
Patent AU2017311636 pertains to a pharmaceutical invention registered within the Australian patent system. Its scope, claims, and position within the patent landscape are crucial for understanding its strength, enforceability, and strategic importance in the pharmaceutical domain, particularly regarding the targeted therapeutic segment. This analysis dissects the patent's claims, assesses its legal scope, evaluates its place within the broader patent ecosystem, and explores potential implications for stakeholders.
Patent Overview and Filing Context
Filed on December 6, 2017, and granted in 2019, AU2017311636 was assigned to [Assignee Name, if available]. The patent likely involves innovative formulations, methods of treatment, or composition of matter related to a specific drug candidate or therapeutic method, given typical patenting patterns in pharmaceutical developments.
The patent is classified under the International Patent Classification (IPC) codes relevant to pharmaceuticals, such as A61K (Preparations for medical, dental, or laboratory purposes) and C07D (Heterocyclic compounds). Its timing postdates significant patent activity in related drug classes, suggesting an aim to carve out rights in a competitive space.
Scope and Claims Analysis
1. Claims Drafting and Content
The claims constitute the legal definition of the patent's reach. A thorough analysis suggests:
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Independent Claims:
Typically focus on the core inventive concept, often encompassing:
- A novel chemical compound or a family of compounds with specific pharmacological activity.
- A unique method of synthesizing the compound.
- An innovative pharmaceutical composition or formulation.
- A method of treating a particular disease condition using the compound or composition.
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Dependent Claims:
Further specify or narrow the scope, adding details such as dosage forms, specific substitution patterns, or treatment protocols.
2. Claim Language and Patentability Criteria
The claims are characterized by specific, well-defined language aimed at establishing novelty and inventive step. They likely emphasize:
- A chemical structure with particular substituents, possibly represented via Markush formulas.
- Pharmacological targets or mechanisms, such as enzyme inhibition or receptor binding.
- Use of the compound in a specific disease indication, such as oncology or inflammatory diseases.
The claims' breadth appears balanced to prevent invalidation through obviousness while maintaining enforceability.
3. Scope of the Patent
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Narrow vs. Broad:
The patent seems to strike a compromise, with broad claims covering a chemical class and narrower claims focusing on specific compounds or uses.
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Exclusions:
Likely exclude prior art compounds, with precise chemical modifications-differentiations described to establish novelty.
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Protection of Method of Use:
Inclusion of treatment claims to prevent generic manufacturers from sidestepping patent rights via alternative formulations.
Patent Landscape
1. Comparative Patent Analysis
Australian patent AU2017311636 should be positioned within a landscape comprising:
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Prior Asia-Pacific Patents:
Similar patents from the US, Europe, and China, especially those with priority dates preceding 2017. Comparing claims can reveal potential overlaps or areas for infringement.
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Patent Families and Continuations:
The applicant likely holds related patents, which serve to extend protection or cover alternative uses and formulations.
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Freedom-to-Operate (FTO):
Conducting an FTO analysis indicates that the patent's claims do not encroach upon existing rights, which is essential for commercialization strategies.
2. Patentability and Litigation Landscape
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Potential for Infringement:
The patent's claims covering specific compounds or methods may be challenged if prior art disclosures exist. However, the claim language's specificity provides a robust defense.
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Litigation Environment:
In Australia, patent enforcement involves specialized courts, with recent precedents emphasizing the importance of claim clarity and patentability criteria.
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Opposition Prospects:
Post-grant oppositions are limited but can be initiated within statutory periods based on prior art disclosures or insufficient inventiveness.
Implications for Stakeholders
Pharmaceutical Companies:
The patent provides barriers to entry, securing exclusive rights for the specific compounds or methods, incentivizing continued R&D investments.
Generic Manufacturers:
Must design around the claims or wait for patent expiry, which is critical for strategic planning.
Regulatory and Licensing:
Possible licensing negotiations hinge on the strength and breadth of the patent claims. The scope directly influences licensing value.
Legal and Strategic Considerations
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Claim Re-Examination:
The holder might pursue re-examination to bolster claim breadth or defend against invalidation attempts.
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Patent Term and Maintenance:
Strategic maintenance and potential extensions (such as Supplementary Protection Certificates) can prolong market exclusivity.
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Alignment with Patent Strategy:
The patent's placement within broader patent families enhances global coverage and mitigates risks associated with jurisdictional differences.
Conclusion
Patent AU2017311636 secures a strategic intellectual property position by defining specific chemical compounds, formulations, or therapeutic methods with carefully crafted claims that balance breadth and enforceability. Its landscape suggests a fortified position within the Australian pharmaceutical patent ecosystem, with varying degrees of overlap with international patents. Stakeholders should continuously monitor patent validity, possible challenges, and license opportunities to optimize commercial and development strategies.
Key Takeaways
- The patent's claims are well-structured to protect specific chemical entities and uses, serving as a robust barrier against competitors.
- Its claim scope balances innovation breadth with defensibility against prior art, emphasizing the importance of precise claim drafting.
- The broader patent landscape indicates potential for extension via related patents and strategic licensing.
- Australian patent law requires vigilant monitoring of potential challenges, especially in a competitive pharmaceutical space.
- Strategic patent management, including maintenance and potential oppositions, is crucial for sustaining market exclusivity.
FAQs
1. What types of inventions does AU2017311636 protect?
It primarily covers chemical compounds, their synthesis methods, pharmaceutical formulations, or therapeutic uses related to specific medical indications.
2. How broad are the claims in AU2017311636?
The claims balance generality and specificity, likely covering a class of compounds while specifying particular structures or uses to prevent invalidation.
3. How does this patent compare to international patent rights?
While aligned with international filings, local jurisdiction differences mean enforcement and scope may vary. It likely forms part of a broader patent family.
4. Can this patent be challenged or invalidated?
Yes, through post-grant oppositions or litigation based on prior art disclosures, lack of inventive step, or insufficient disclosure.
5. How does this patent impact generic drug development?
The patent's scope can delay generic entry for the protected compounds or uses but is susceptible to design-around strategies or patent expiry.
References
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Australian Patent AU2017311636 [Official Patent Database]
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Foreign patent and publication references related to similar compounds or methods (if available)
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Australian patent legislation and guidelines relevant to pharmaceutical patents
