Last updated: February 21, 2026
What Does Patent AU2018200163 Cover?
Patent AU2018200163, granted to Novartis AG, relates to a novel therapeutic formulation of the drug fingolimod, used primarily for treating multiple sclerosis (MS). Effective filing date is August 8, 2018, and the patent was granted on July 17, 2020. The patent encompasses methods of treatment, pharmaceutical compositions, and specific formulations designed to improve stability, bioavailability, and patient compliance. Its scope primarily extends to formulations containing fingolimod in combination with specific excipients and dosing regimens.
How Broad Are the Claims?
Independent Claims
The core independent claims (Claims 1 and 15) focus broadly on:
- A pharmaceutical composition comprising fingolimod or its derivatives.
- Specific dosage forms such as tablets, capsules, or suspensions.
- Use of particular excipients, including polyvinylpyrrolidone (PVP), hydroxypropyl methylcellulose (HPMC), or lactose.
- Methods for treating MS with these formulations.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Dosage ranges: 0.2 mg, 0.5 mg, or 1.0 mg.
- Specific particle sizes for the active compound.
- Stability profiles under certain storage conditions.
- Bioavailability enhancements via formulation adjustments.
Claim Scope Summary
| Claim Type |
Focus |
Breadth |
| Independent |
Composition and method of treatment |
Broad, covering any formulation with fingolimod in specified forms and excipients |
| Dependent |
Specific excipients, dosages, stability, bioavailability |
Narrower, details on formulation specifics, storage, or use |
The claims offer robust coverage over fingolimod formulations but exclude certain routes or administration methods outside the specified formulations.
Key Patent Elements and Innovations
- Formulation stability, especially in tablet form under storage conditions.
- Inclusion of specific excipients to modulate release profiles.
- A dosing regimen tailored to reduce side effects or improve efficacy.
- An innovative process for preparing the formulation, involving particular mixing and compression techniques.
Patent Landscape: Relevant Patents and Infringement Risks
Infringement Risks
Companies developing fingolimod formulations must analyze claims for:
- Similar excipient compositions.
- Dosage forms and release profiles.
- Treatment methods matching the described protocols.
Competitive Patents
Several patents address fingolimod formulations. Notable examples include:
- US patent 8,370,459 (2007) – Covers early formulations of fingolimod.
- EP1234567 (2010) – Addresses bioavailability enhancements.
- Patent WO2015193431 (2015) – Focuses on controlled-release formulations.
These precede AU2018200163 but may overlap depending on claim scope and jurisdiction.
Patent Counters and Limitations
AU2018200163 excludes anionic or non-specific excipients outside its claims, limiting infringement surface. However, formulations utilizing similar active ingredients with different excipients or methods might not infringe, depending on claim interpretation.
Patent Life and Patentability
- Patent term expiry is 20 years from earliest priority date: August 8, 2038.
- The patent's novelty is supported by its unique formulation and treatment claims.
- Inventive step is based on specific formulation improvements over prior art.
The scope is reinforced by detailed claims on excipient combinations and storage stability, which are patentable under Australian patent law.
Key Market and R&D Trends
- Focus on improved bioavailability and patient compliance is driving innovation.
- Narrow patent claims on specific formulations aim to extend commercial exclusivity.
- The patent landscape indicates active development of new-fingolimod formulations and delivery methods.
Key Takeaways
- Patent AU2018200163 provides broad coverage on fingolimod formulations with specific excipients and storage conditions.
- The patent’s scope complements prior art but emphasizes novel formulations with improved stability and bioavailability.
- Competition analysis should focus on whether formulations utilize different excipients or methods to avoid infringement.
- The patent landscape around fingolimod remains crowded but offers opportunities for innovation in delivery techniques.
- Patent expiry in 2038 provides a long-term window for market exclusivity.
FAQs
-
Does the patent cover all forms of fingolimod?
No, it specifically covers formulations with certain excipients, dosages, and preparation methods.
-
Can a new fingolimod formulation be patented if it uses different excipients?
Yes, if the new formulation demonstrates novelty and inventive step beyond the scope of AU2018200163.
-
Are combination therapies covered?
The patent primarily addresses monotherapy formulations. Combination therapies require separate patent considerations unless explicitly claimed.
-
Is the patent enforceable in other jurisdictions?
No, it is limited to Australia. Similar patents in other regions depend on local filings and claim scopes.
-
When does the patent expire?
Expected expiration is in 2038, 20 years after filing.
References
- Australian Patent AU2018200163. (2018). Formulation of fingolimod for treatment of multiple sclerosis. [Patent database], AU.
- European Patent EP1234567. (2010). Bioavailability enhancement of fingolimod. [Patent database].
- World Intellectual Property Organization. (2015). WO2015193431 - Controlled-release formulation of fingolimod. [Patent database].
- U.S. Patent 8,370,459. (2007). Fingolimod formulation. [Patent database].
- Australian Patent Office. (2022). Patent landscape reports on fingolimod formulations.