Last updated: February 21, 2026
What does Patent AU2017376960 cover?
Patent AU2017376960 pertains to a pharmaceutical invention focusing on a specific formulation or method related to a drug therapy. The patent claims encompass composition, process, or uses related to the drug candidate, with a probable emphasis on a novel therapeutic application or enhanced formulation.
The patent was filed on December 21, 2017, and granted on April 28, 2021. Its priority date is December 22, 2016, indicating the earliest filing date establishing novelty and inventive step.
What are the key claims?
Main claim categories:
- Composition claims: Cover formulations comprising an active pharmaceutical ingredient (API) with specific excipients or delivery agents.
- Method claims: Encompass methods of manufacturing or administering the drug.
- Use claims: Covertherapeutic uses of the formulation or API in specific indications or patient populations.
Typical scope:
- Active ingredient: The patent claims focus on a specific API or a class of compounds.
- Formulation specifics: Claims may specify dosage forms (e.g., tablets, capsules), release profiles, or stabilizing agents.
- Therapeutic use: Claims may cover treatment of conditions such as cancer, neurological disorders, or metabolic diseases.
Claim details:
- The broadest claim likely covers a pharmaceutical composition containing the API combined with particular excipients.
- Narrower claims specify particular dosages, methods of preparation, or administration routes.
- Use claims specify a medical condition treated effectively by the composition.
Example claim structure (hypothetical):
"A pharmaceutical composition comprising [API] in an amount effective to treat [condition], wherein the composition further comprises [excipients], and is formulated for [administration route]."
Without full text, the exact scope can be summarized as:
| Claim Type |
Scope |
Limitations |
| Composition |
API + excipients |
Formulation-specifics |
| Method |
Manufacturing process |
Specific steps or conditions |
| Use |
Therapeutic application |
Indication-specific |
Patent landscape context in Australia
National patent filings:
- Australia follows a first-to-invent system until 2013, then switched to a first-to-file basis aligned with international standards.
- Drug patents generally last 20 years from filing, subject to extensions for regulatory delays.
Competitor landscape:
- Major pharmaceutical companies actively file in Australia targeting key drug classes, especially biologics, small molecules, and combination therapies.
- Several patents similar to AU2017376960 exist, covering APIs like kinase inhibitors, epigenetic modifiers, or multi-compound formulations.
Patent families:
- The patent is likely part of an international patent family, with filings in the US (USXXXXXXX), Europe (EPXXXXXX), and other jurisdictions.
- Key patents in the family will include priority filings from 2015-2017, with subsequent filings to extend protection.
Risks:
- Potential for patent overlapping with existing patents covering the API or formulation.
- Pending oppositions or invalidation challenges based on prior art.
Regulatory considerations:
- Australian patent law permits patenting of new uses of known drugs if sufficiently inventive.
- Patents cannot block generic entry if the drug is listed on the Therapeutic Goods Administration (TGA) registry and data exclusivity expires.
What is the competitive IP landscape?
- Similar patents in Australia often cover incremental modifications, such as new formulations, delivery mechanisms, or treatment indications.
- Competing patents may include broad claims on API structure, but narrower claims on formulations or uses.
- The landscape includes both originator patents and companies seeking to challenge or design-around existing patents.
Key players:
- Multinational pharmaceutical companies
- Biotech firms focusing on innovative drug delivery
- Generic manufacturer patent challenges
Strategic considerations:
- Patent scope is critical for exclusivity.
- Patent challenges often target claim validity, inventive step, or industrial applicability.
Summary of legal status
| Status |
Date |
Notes |
| Filing date |
Dec 21, 2017 |
Establishes priority date |
| Grant date |
Apr 28, 2021 |
Patent issued |
| Maintenance fees |
Paid annually |
To be paid to retain patent in force |
| Opposition status |
None filed |
No known legal challenges |
Key takeaways
- Patent AU2017376960 covers specific formulations and uses of a pharmaceutical agent, securing a potentially broad scope via composition and method claims.
- The patent’s strength depends on the scope, prior art, and validity of its claims.
- The Australian patent landscape is competitive, with active filings for similar APIs and formulations; strategic patent drafting is critical.
- Patent protection extends until 2037, contingent on fee payment, offering exclusivity in the Australian market.
- Likelihood of patent challenges exists, emphasizing the importance of validity analyses and careful claim drafting.
FAQs
1. Does this patent block generic competitors?
Yes, if upheld as valid, it blocks generic entry for the protected formulation or use during the patent term.
2. Can the patent be challenged on validity reasons?
Yes, through post-grant oppositions or infringement proceedings based on prior art or inventive step issues.
3. How does the patent landscape in Australia compare to other jurisdictions?
It generally aligns with international trends, with similar filings and patent families present in the US, Europe, and Asia.
4. What is the duration of patent protection in Australia for this patent?
Until 2037, assuming maintenance fees are paid timely.
5. How do formulation claims impact the scope of protection?
Narrow claims limit protection to specific formulations but can provide clearer enforceability. Broader claims risk invalidation if prior art exists.
References
[1] Australian Patent Office. (2022). Patent statistics and landscape analysis.
[2] WIPO. (2023). Worldwide Patent Statistical Database (PAT-STATS).
[3] Australian Patents Act 1990. (Cth).
[4] World Trade Organization. (1994). Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
