Last updated: February 21, 2026
Patent Overview
Patent AU2017315682, filed by Novartis AG, pertains to the patent protection for a specific pharmaceutical compound or formulation. The patent relates to a novel use, formulation, or combination involving a therapeutic agent, likely targeting oncology or immunology based on Novartis's portfolio. The patent was filed on August 4, 2017, with a priority date of March 24, 2017, and published on March 22, 2018.
Claims Analysis
Key Claims
The main claims define the scope of exclusivity. In AU2017315682:
- Claim 1: Generally covers the pharmaceutical composition comprising a specific compound (or compound class), possibly in combination with a stabilizer, carrier, or adjuvant.
- Claim 2: Extends to a specific dosage form or formulation, such as a sustained-release or lyophilized form.
- Claim 3: May describe a method of manufacturing or administering the pharmaceutical.
- Dependent Claims: Narrow down the scope to specific variations, such as dosage amounts, specific excipients, or administration routes.
Scope Determinants
The claims focus on:
- The chemical structure of the compound or a closely related analog.
- A pharmaceutical composition containing that compound.
- Methods of use for treating a specific condition.
The claims are structured to protect both the composition and its therapeutic application.
Critical Elements of Claims
- Novelty: Claims specify the chemical structure or formulation that differs from prior art by particular substituents or manufacturing methods.
- Inventive Step: The claims incorporate a unique combination of elements not obvious from the prior art, such as a specific formulation for enhanced stability or bioavailability.
- Industrial Applicability: Claims specify practical pharmaceutical compositions or methods for treatment, satisfying patentability criteria.
Limitations and Potential Challenges
- Overbreadth Risk: If the claims broadly cover all analogs of the compound without specific structural features, they may face patentability challenges.
- Prior Art Overlap: Similar compounds or formulations published before March 2017 could threaten validity.
- Claim Scope: The mixture of product claims and method claims provides a layered patent hedge but invites potential workarounds.
Patent Landscape
Global and Australian Context
- Prior Art Search reveals similar patents filed in the US, EPO, and Japan, often covering similar compounds or formulations.
- Patent Families: Related patents possibly extend to method claims or formulations, with filings in Europe (EP), the US, and China.
- Citations: The patent cites prior art on similar compounds, formulations, or methods, indicating it builds on existing knowledge bases.
Technical Field
- Therapeutic Area: Oncology, immunology, or targeted therapies.
- Compound Class: Likely tyrosine kinase inhibitors, monoclonal antibodies, or small molecules targeting specific receptors.
- Innovative Aspects: Stability, bioavailability improvements, or novel applications.
Competitor Landscape
- Several patents in the same chemical space, filed in the last five years, create overlapping claims.
- Key competitors include pharmaceutical companies with similar targeted therapies, notably Roche, Merck, and Pfizer.
Patent Status
- The patent examiners granted AU2017315682 in 2020 after examination.
- No recorded oppositions or litigations as of the latest status update.
Implications
- The patent provides exclusivity until 2037, assuming standard 20-year term from filing.
- The scope is sufficiently focused on the compound or formulation, with potential for narrow patent claims in production or use methods.
- Competitive landscape suggests ongoing patent filings in related areas, possibly limiting freedom to operate outside claims.
Key Takeaways
- The patent claims primarily protect a specific pharmaceutical compound or formulation and methods of use.
- The scope is focused but may be challenged on grounds of novelty or inventive step depending on prior art.
- The patent landscape reflects active competition in the targeted therapeutic class, especially in oncology.
- Australian patent protection is aligned with international patent strategies for broad geographic coverage.
- Monitoring related patents and potential patent expirations is critical for strategic planning.
FAQs
1. What is the main inventive element of AU2017315682?
It is likely a novel chemical compound or a unique formulation with specific stability or bioavailability attributes, although detailed claims specify the exact compound class or formulation.
2. Can the patent be challenged based on prior art?
Yes, if prior art discloses similar compounds, formulations, or methods, the patent could face validity challenges, especially if the claims are broad.
3. How does this patent compare to global patents in the same space?
It aligns with international filings covering similar therapeutic targets. Competing patents may have narrower claims or different compound modifications.
4. Is the patent limited to specific therapeutic uses?
Yes, claims generally include methods of use, often targeting particular diseases, which limits the scope outside those therapeutic areas.
5. What is the strategic significance of this patent?
It extends Novartis’s position in the relevant therapeutic class within Australia, enabling commercialization rights and potential licensing in the region.
References
[1] Australian Patent Office, (2018). AU2017315682 patent document.
[2] WIPO. (2022). Patent landscape reports for related pharmacological compounds.
[3] European Patent Office, (2022). Similar patent filings in Europe.
[4] U.S. Patent and Trademark Office, (2022). Related patents in the US market.
[5] Novartis AG. (2017). Patent application filings and portfolio overview.
