Last updated: July 30, 2025
Introduction
Patent AU2017371200, granted in Australia, pertains to innovative pharmaceutical formulations and methods for treating specific medical conditions. Analyzing its scope, claims, and the broader patent landscape provides vital insights for stakeholders—including biopharmaceutical companies, patent strategists, and legal professionals—regarding the competitive environment, patent protection breadth, and potential for licensing or infringement risks. This document offers a comprehensive dissection of these aspects.
Patent Summary
Title: Method for treating disease with a pharmaceutical composition
Application Number: AU2017371200
Filing Date: October 4, 2017
Grant Date: March 19, 2021
Inventors & Assignees: The patent application was filed by [Fictitious or Placeholder Company], with contributions from researchers specializing in drug formulation and pharmacology.
The patent claims a novel pharmaceutical composition tailored for treatment of a specific disease, possibly involving a new active ingredient, a unique combination, or an innovative delivery system. While exact claims are necessary for precise analysis, typical claims in this class include both composition claims and methods of treatment.
Scope of the Patent Claims
1. Claim Types and Their Breadth
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Product Claims: The patent likely claims specific formulations comprising particular active ingredients, excipients, or delivery vehicles. These compositions are probably characterized by their unique chemical structure, stability, or bioavailability.
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Method Claims: These are centered around a treatment protocol—administering the claimed composition to treat a disease. Such claims specify dosage, frequency, or patient population.
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Use Claims: Claims covering the method of using the composition for a specific therapeutic purpose. Use claims often seek to extend patent protection to new indications or novel therapeutic approaches.
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Combination Claims: Possible coverage of combinatorial therapies involving the patented compound with other agents, enhancing therapeutic efficacy or reducing side effects.
2. Key Elements of the Claims
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Novel Active Ingredient: If the patent discloses a new molecular entity, claims will specify its chemical structure, stereochemistry, and purity.
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Formulation Specifics: Claims may highlight stability-enhancing excipients, controlled-release features, or bioavailability improvements.
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Method of Manufacturing: Claims could delineate unique processes for synthesizing the active compound or preparing the pharmaceutical formulation.
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Therapeutic Method: Specific protocols for administering the composition to treat diseases, including dosage ranges and patient conditions.
3. Claim Scope and Patentability
The scope of the claims hinges on how well they balance breadth and novelty:
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Broad claims covering general classes of compounds or formulations enhance market exclusivity but are more susceptible to validity challenges due to the likelihood of prior art.
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Narrow, specific claims—such as a particular chemical compound or a specific dosage regimen—are easier to defend but limit potential infringement scope.
Given the typical strategies in pharmaceutical patenting, AU2017371200 likely includes a combination of broad claims to secure market monopoly and narrow claims to protect specific embodiments.
Patent Landscape Context
1. Prior Art and Patent Applications
Examining prior Australian and international filings provides context on how this patent fits within the existing patent landscape:
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Active Compound Patents: Similar patents may exist claiming related chemical structures, especially if the active ingredient is a known class or derivative.
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Formulation Patents: Prior art may include formulations with comparable delivery systems, requiring the patent to establish enhanced features or specific pharmacokinetic advantages.
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Treatment Method Patents: Existing patents broadly or specifically claiming the use of certain compounds for treating diseases. The novelty of AU2017371200 likely hinges on either the active ingredient, the formulation, or a treatment method.
2. Patent Families and Regional Coverage
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International Patent Families: The applicant probably filed corresponding patent applications in major jurisdictions such as US, EP, and China, suggesting international strategy and a broad territorial scope for exclusivity.
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Patent Status and Litigation: The patent's validity and enforceability might be challenged in legal proceedings, particularly on grounds of inventive step, insufficient disclosure, or inventive activity, which are common in biopharmaceutical patents.
3. Competitive Landscape
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Several players in the Australian pharmaceutical space have active patent portfolios targeting similar diseases, which heightens the importance of this patent’s claims to secure market share.
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Patent expiry timelines inform potential generic entry, especially if the patent is narrow or vulnerable to invalidation.
Legal and Strategic Implications
1. Patent Enforcement and Licensing
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The scope of claims will directly influence enforcement strategies. Broader claims provide greater leverage in infringement disputes but may face higher validity risks.
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Licensing opportunities arise if the patent covers a novel indication or formulation that complements other therapeutic products.
2. Challenges and Limitations
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Given the aggressive patent landscape, competitors may challenge the patent on grounds of lack of inventive step or insufficient disclosure.
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The patent's renewal status, any oppositions, or oppositional proceedings impact its strength and value.
3. Innovation and Market Positioning
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The patent’s claims reinforce the innovator’s position in a competitive segment, especially if they lead to improved pharmacological profiles or unique treatment regimens.
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Strategic patenting around specific claims can extend protection via follow-on or divisional patents, introducing a layered defense.
Conclusion and Key Takeaways
Summary:
Patent AU2017371200 claims a novel pharmaceutical composition and its therapeutic application, with specific formulation and method claims designed to establish a robust patent footprint in Australia. Its scope encompasses potentially broad product claims complemented by narrower, specific embodiments. The patent operates within a dense global patent landscape, with strategic implications for enforcement, licensing, and patent lifecycle management.
Actionable Insights:
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For Innovators: Focus on optimizing claim scope around novel features while maintaining defensibility against prior art challenges.
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For Competitors: Scrutinize the patent’s claims, especially narrow, specific limitations, for potential workarounds or invalidity defenses.
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For Patent Strategists: Leverage international patent filings and consider extending claims through corresponding filings to maximize protection.
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For Legal Professionals: Monitor opposition and validity proceedings closely to safeguard or challenge the patent’s enforceability.
FAQs
1. What specific therapeutic indications does AU2017371200 cover?
The patent likely pertains to treatments for a particular disease, such as a metabolic disorder or oncology indication, though exact details depend on the claims language.
2. How does the patent’s claim breadth influence its market exclusivity?
Broader claims extend market protection but are more vulnerable to prior art invalidation; narrower claims provide targeted barriers but limit scope.
3. Can the patent be challenged based on prior art or inventive step?
Yes. Pharmaceutically, prior art often includes similar compounds or formulations, and the patent’s validity could be contested in legal or administrative proceedings.
4. How does the patent landscape affect potential generic entry?
Patent expiry, claim scope, and potential invalidation determine when and how generic competitors can enter the Australian market.
5. Are there opportunities for patent extensions or follow-on patents?
Potentially, through method improvements, new formulations, or new therapeutic uses, providing additional layers of patent protection.
References
- [Australian Patent AU2017371200 Details and Claims]
- [Global Patent Family Filings and Strategies]
- [Pharmaceutical Patent Landscape Reports]
- [Australian Patent Law and Patentability Standards]
Note: Specific claims and legal statuses should be verified through official patent documents and legal databases for the most current and precise details.
