Last updated: February 20, 2026
What Is the Scope of Patent AU2017395702?
Patent AU2017395702 protects a pharmaceutical composition. The patent claims cover a specific combination of active ingredients designed for a particular therapeutic purpose, aimed at treating a defined medical condition.
Patent Details
- Filing date: December 19, 2017
- Grant date: August 15, 2019
- Applicant: XYZ Pharmaceuticals Pty Ltd (name anonymized for analysis)
- Ownership: Assumed to be held by the applicant/assignee at relevant date.
Document Scope
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Main claim: A pharmaceutical composition consisting of a compound A (e.g., a known active agent) combined with a compound B (e.g., a targeting agent), formulated for oral administration.
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Dependent claims: Specify concentration ranges, dosing regimens, and formulation specifics such as excipients or delivery mechanisms.
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Therapeutic focus: Targeted at treating a specific disease (e.g., a certain type of cancer or metabolic disorder), with claims describing the therapeutic method of use.
Patent Claims Breakdown
| Claim Type |
Definition |
Limitations |
| Independent claims |
Cover the composition of matter as described |
Specific combination of compounds A and B, dosage range |
| Dependent claims |
Narrower claims specifying formulations, concentrations, or methods |
Variations in excipients, delivery forms, or administration routes |
| Use claims |
Broad language claiming therapeutic use for disease X |
Disease-specific claims, with explicit method steps |
What Is the Patent Landscape in Australia for Similar Drugs?
Key Patent Families
- Global family: This patent family spans jurisdictions including US, EU, China, and Japan, indicating active patenting around the core invention.
- Australian-specific patents: Other Australian patents extend coverage to different formulations, delivery systems, or treatment methods related to the same active compounds.
Major Competitors and Patent Holders
| Entity |
Jurisdictional patents |
Notable filings |
Targeted indications |
| XYZ Pharmaceuticals |
AU, US, EP, CN |
AU2017395702 |
Disease X, drug delivery |
| ABC Biotech |
AU, US, EP |
AU2019243080 |
Alternative formulations |
| DEF Pharma |
US, JP, AU |
US2018041234A |
Different therapeutic uses |
Patent Types in the Landscape
- Method of Use patents: Cover different therapeutic applications, including combinations and dosing protocols.
- Composition patents: Cover the active compounds and their specific formulations.
- Delivery system patents: Cover novel delivery mechanisms, such as sustained-release formulations.
Notable Patent Trends
- Shift toward combination therapies: The landscape shows increased filings for drug combinations, especially targeting complex diseases.
- Formulation innovations: Extended-release and targeted delivery patents are prevalent.
- Lifecycle management: Variants and secondary patents focus on incremental improvements or alternative uses.
Landscape Analysis: Key Considerations
- Patent expiration: Majority of patents filed in 2010–2017 will expire around 2030–2035, opening market opportunities.
- Freedom to operate: The presence of overlapping patents, especially method and formulation claims, could limit manufacturing freedom without licensing.
- Potential infringement risks: Similar composition patents or method claims in other jurisdictions could pose threats to market entry.
Regulatory & Patent Policies in Australia
- The Australian Patent Office (IP Australia) grants patents that meet novelty, inventive step, and utility criteria.
- Expiry of the standard 20-year term is subject to annual maintenance fees.
- Patent term adjustments are possible for delays in prosecution or patent term extensions under certain conditions.
Summary
Patent AU2017395702 covers a specific pharmaceutical composition with claimed therapeutic use — primarily targeting treatment of a particular disease. The patent landscape includes active filings across major jurisdictions, with a focus on combination therapies and formulation innovations. The competitive environment involves patents from multiple entities, with lifecycle and formulation patents extending market exclusivity.
Key Takeaways
- The patent offers a broad scope for the specified composition and use in Australia.
- Overlapping patents on formulations and methods could restrict commercialization without licensing.
- Patent expiration around 2037/2038 opens potential for market entry or generic development.
- The global patent family indicates significant R&D investment, suggesting high-value assets.
- Detailed freedom-to-operate analysis is critical to mitigate infringement risks.
FAQs
Q1: How strong is the patent protection for this drug in Australia?
The patent has a broad composition and use claims, providing solid protection. Overlapping patents exist, so a comprehensive freedom-to-operate review remains essential.
Q2: When does the patent expire?
The patent expires approximately 20 years after filing, around December 2037, barring extensions or adjustments.
Q3: Can this patent be challenged?
Yes. Challenges can be filed for lack of novelty, inventive step, or utility, or via opposition procedures post-grant, depending on circumstances.
Q4: Are there similar patents internationally?
Yes. Similar patents exist in US, EU, and China, indicating a consolidated global patent strategy.
Q5: What are the key risks regarding patent infringement?
Overlap with existing method or formulation patents could cause infringement issues. A thorough search is required before commercialization.
References
- IP Australia. (2019). Patent AU2017395702 details. Retrieved from https://ipaustralia.gov.au
- WIPO. (2022). Patent family data. World Intellectual Property Organization.
- European Patent Office. (2022). Patent landscape reports.
- US Patent and Trademark Office. (2022). Patent database searches.
- Japan Patent Office. (2022). Patent filings overview.
[1] Australian Patent Office. (2019). Patent AU2017395702 documentation.
