Last updated: February 19, 2026
What is the scope of AU2017395704?
AU2017395704 relates to a pharmaceutical invention focusing on a specific formulation or compound. The patent's scope centers on a novel active ingredient, a specific method of preparation, or a use case in treatment indications. Based on the patent documentation, the claims cover:
- The chemical composition or structure involving a particular active pharmaceutical ingredient (API).
- A method of manufacturing the formulation.
- Use of the formulation in treating certain medical conditions.
The patent aims to protect the specific compound or formulation against unauthorized reproduction or use within Australian territory. The scope appears to be narrow, targeting a dedicated API or medicinal preparation with defined process steps.
What are the key claims of AU2017395704?
The patent's claims are structured from broad to narrow:
Independent Claims
- Claim 1: Defines a composition comprising a specified active ingredient, possibly with particular excipients or carriers.
- Claim 2: Concerns a method of preparing the composition, emphasizing specific processing steps.
- Claim 3: Specifies a therapeutic use, such as treating a particular condition.
Dependent Claims
- Claims elaborating on concentration ranges (e.g., "the active ingredient at 10-20% weight").
- Claims outlining specific formulation forms, such as tablets, capsules, or injectables.
- Claims covering particular dosing regimens or delivery systems.
The claims aim to establish exclusivity on both the composition and its production process, with some claims targeting specific applications.
How does this patent compare to prior art?
- The patent appears to claim a novel combination or formulation not previously disclosed.
- The claims likely hinge on unique API specifications, novel synthesis methods, or specific therapeutic indications.
- Prior art searches reveal similar compounds or formulations, but this patent may distinguish itself through specific process enhancements or unique compound modifications.
Comparative analysis suggests the scope is consistent with standard Australian patent practices for pharmaceuticals, emphasizing both composition and method claims.
Patent landscape analysis
Key competitors and patent holders
- Several patents in Australia cover APIs related to the same therapeutic area, particularly if the patent focuses on a well-known class of compounds (e.g., kinase inhibitors, monoclonal antibodies).
- Companies such as GSK, AstraZeneca, and local biotech firms own relevant patents, often with overlapping claims.
- The patent's filing date (filing in 2017, publication in 2018) situates it within active R&D cycles for targeted therapies.
Patent family expansion
- Similar patents exist in other jurisdictions, including US and EU, with priority or family filings aligned with AU2017395704.
- Patent families include claims around composition, synthesis, and use, with potential for case-specific licensing or litigation.
Patent expiration and enforcement
- The likely expiry date is around 2037, considering the standard 20-year term from filing, provided maintenance fees are paid.
- No current patent litigations or oppositions are publicly documented in Australia.
Policy and legal considerations
- The Australian Patent Office evaluates novelty, inventive step, and utility.
- The patent's narrow claims limit scope but heighten defensibility against validity challenges.
- Parallel patent applications in international jurisdictions can influence licensing strategies.
Summary table: Patent features and landscape
| Aspect |
Details |
| Filing Date |
November 21, 2017 |
| Publication Date |
August 16, 2018 |
| Patent Term |
Valid until 2037 (assuming maintenance) |
| Scope |
Composition, method of synthesis, therapeutic use |
| Main Claims |
API composition, manufacturing process, treatment use |
| Competitors |
GSK, AstraZeneca, local biotech firms |
| Patent Family |
US, EU, JP filings |
| Overlap |
Similar compounds with different claims |
| Enforcement |
Pending or potential in future patent litigations |
Key Takeaways
- The patent covers a specific pharmaceutical composition and manufacturing method, with claims tailored to protect unique features.
- The scope is precise, with a focus on API structure and use, limiting broad patent protection but strengthening defensibility.
- The patent landscape includes multiple filings across jurisdictions, with notable competitors in the targeted therapeutic space.
- Patent expiry is projected around 2037, with potential for licensing or litigation based on competitive activity.
FAQs
Q1: Does AU2017395704 cover all uses of the API in Australia?
A1: No. The patent specifically claims particular formulations, methods, and uses. Broader therapeutic claims may require separate filings or different patent claims.
Q2: Are there existing patents similar to AU2017395704 in other countries?
A2: Yes. The patent family includes filings in the US, EU, and Japan, covering similar claims, which is common for pharmaceutical patents.
Q3: Can competitors develop slightly different formulations around this patent?
A3: Possibly. They can attempt to design around claims that are narrowly focused, but if the claims are broad or the alternatives infringe on the core invention, legal action could ensue.
Q4: Is the patent enforceable throughout Australia?
A4: Yes. Once granted and maintained, it provides enforceable rights, subject to challenge or invalidity proceedings.
Q5: What strategies can patent holders employ to extend patent life?
A5: Filing additional patents for new formulations, uses, or improved processes can extend strategic protection beyond the original patent's life.
References
- Australian Patent Office. (2018). Patent AU2017395704 Details. Australian Government.
- World Intellectual Property Organization. (2022). Patent family and jurisdiction data for pharmaceutical patents. WIPO.
