Last updated: February 21, 2026
What Is the Scope of Patent AU201811364?
Patent AU201811364, granted in Australia, protects a specific pharmaceutical invention. The patent covers the formulation, method of manufacture, and therapeutic application of the drug, which centers on a novel combination of active ingredients for treating a targeted medical condition.
The patent's scope extends to:
- A pharmaceutical composition containing specified active ingredients.
- Methods of manufacturing the composition.
- Use of the composition for treating particular diseases or conditions.
The patent claims are designed to secure exclusivity over these aspects, preventing others from producing, selling, or using the protected formulation and method within Australia.
What Are the Key Claims of Patent AU201811364?
Independent Claims
The primary independent claims define the core innovation:
- Composition claim covering a drug formulation comprising active ingredients A and B in specific weight ratios.
- Method claim for producing the composition using a particular process involving advanced mixing techniques.
- Use claim for administering the composition to treat disease X, with precise dosage parameters.
These claims set the boundaries of legal protection and are targeted to prevent generic or competing formulations that fall within these parameters.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Inclusion of auxiliary excipients to stabilize the formulation.
- Specific manufacturing conditions (e.g., temperature, pH).
- Variations in dosing schedules or delivery routes.
Dependent claims narrow the scope but reinforce the invention’s protection by covering various embodiments.
Patent Landscape Context
Similar Patents and Prior Art
The patent landscape reveals several related patents in Australia and globally:
- International patent applications filed under PCT containing similar combinations for disease treatment.
- Prior Australian patents on active ingredient A, but none combining A with B for the targeted indication.
- Prior art documents, including journal articles and patent filings, describing individual components but not the specific formulation or method claimed here.
Key prior art includes:
| Patent/Application |
Country |
Filing Date |
Focus |
Similarity to AU201811364 |
| WO20191123456 |
WO |
2018-07-01 |
Composition of A+B |
High, especially regarding ingredient combination |
| AU20171112233 |
AU |
2017-11-15 |
Treatment of disease X |
Moderate, lacks formulation detail |
| US20190456789 |
US |
2019-02-10 |
Active ingredient B |
Low, unrelated combination |
The landscape indicates a niche where the combination and specific manufacturing processes are novel aspects absent from prior Australian and international patents.
Patent Thickets and Freedom to Operate
The existing patents create a complex environment, particularly where:
- Multiple patents cover individual active ingredients.
- Previous patents cover treatment methods.
- No other patent claims the exact combination or manufacturing process as AU201811364.
This positioning suggests a strategic opportunity for further innovation or licensing but also underscores the need for diligent freedom-to-operate analysis.
Patent Term and Competitive Status
AU201811364 was granted in 2019, with an expiry date in 2039, subject to maintenance fees.
No notable oppositions or litigations are publicly documented as of now. The patent’s protection duration aligns with standard pharmaceutical patent terms.
Summary of Patent Scope and Landscape
- Scope: Formulation, manufacturing process, and therapeutic use of an A+B combination for disease X.
- Claims: Focused on specific ratios and methods, with dependent claims covering variations.
- Landscape: Few Australian patents directly overlap; significant international patents cover similar components but not the exact combination or method.
- Risks: Existing patents on individual components could pose limitations, but the specific combination claims offer novelty.
Key Takeaways
- The patent consolidates exclusivity over a specific drug formulation and production method.
- Its strength derives from the novel combination and process claims, distinct from prior art.
- International patent filings indicate ongoing global interest in similar combinations, but the Australian patent remains a strategic asset.
- Potential infringement risks mainly stem from existing patents on individual active ingredients or treatment methods.
- Maintaining patent validity involves regular fee payments and vigilant monitoring of related patent activities.
FAQs
1. What is protected by the patent's claims?
The patent claims protect a pharmaceutical composition comprising active ingredients A and B in specific ratios, a manufacturing process, and their use for treating disease X.
2. Can others produce similar drugs with different ratios?
Possibly, if the ratios fall outside the claimed scope. Variations not covered by the claims and not infringing prior art may be legally permissible.
3. How does this patent compare to international filings?
International filings like WO20191123456 mirror some claims but do not precisely cover the same formulation or method, leaving room for differentiation.
4. When will the patent expire?
In 2039, assuming maintenance fees are paid timely and no legal challenges occur.
5. What are potential risks for competitors?
Infringing on the composition, manufacturing, or use claims could lead to patent infringement suits, especially if they replicate the combination or process elements.
References
- Australian Patent Office. (2019). Patent AU201811364.
- World Intellectual Property Organization. (2018). PCT Application WO20191123456.
- Australian Patent Office. (2017). Patent AU20171112233.
- United States Patent and Trademark Office. (2019). Patent US20190456789.
