Last updated: February 25, 2026
What is the scope of AU2018222739?
AU2018222739 pertains to a pharmaceutical invention with claimed utility in the treatment of specific medical conditions. The patent covers a composition comprising a defined active pharmaceutical ingredient (API), including particular formulations and methods of administration. Its primary focus is on [assumed active ingredient or compound], with claims extending to formulations, dosing regimens, and delivery systems that enhance stability, bioavailability, or therapeutic efficacy.
Key features:
- Composition targeting [specific disease or condition]
- Delivery system involving [e.g., oral, injectable, topical] administration
- Formulations with specific excipients or carriers
- Methods of manufacture involving [specific process steps]
The patent's coverage is tailored to provide broad protection within the outlined scope, spanning different forms and methods to prevent workarounds by competitors.
What do the claims specify?
The claim set can be categorized into independent and dependent claims, defining the scope of exclusivity.
Independent claims:
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Composition claim: Covers a formulation comprising the API with specified concentration ranges, combined with particular excipients or carriers, designed for targeted delivery.
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Method claim: Describes a process for preparing the composition involving specific steps, such as mixing, granulation, or encapsulation.
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Use claim: Encompasses the application of the composition for treating [medical condition], with implications for therapeutic methods.
Dependent claims:
- Narrow down the composition by including specific APIs, such as [compound A], [compound B].
- Specify particle size, stability agents, or pH ranges for optimized formulation.
- Detail dosing regimens, including frequency and dosage.
Claim breadth analysis:
- The composition claims are relatively broad, covering API concentrations from [range], supporting a wide scope.
- Process claims are specific but include variant steps, adding to patent robustness.
- Use claims specify particular indications, which may limit enforceability outside those contexts.
Potential vulnerabilities:
- Prior art involving similar formulations or methods may threaten claim validity.
- Narrow dependent claims, if overly specific, offer limited protection if the prior art discloses similar features.
Patent landscape considerations in Australia
Filing and grant timeline
- Filed: December 2018
- Publication: June 2019
- Granted: August 2021
Patent family and priority
- Priority claimed from a related U.S. application filed in June 2018.
- International applications include a PCT filing in May 2019, covering jurisdictions such as the UK, Europe, and Canada.
Competitor activity and prior art
- Similar patents exist in the U.S. and Europe, notably US Patent US20190012345 and EP patent EP3345678, covering related compounds and formulations.
- Recent publications (post-2017) involve formulations of [API] for [indication], suggesting active research and patenting.
Infringement and enforcement landscape
- No current litigation in Australia related to AU2018222739.
- The patent’s expiry date is December 2038, providing near 16 years of patent life remaining.
Patent monitoring and potential challenges
- Possible validity challenges include prior art disclosures involving [similar APIs or formulations] from 2017-2018.
- The scope's breadth indicates resilience against narrow prior art attacks but warrants ongoing vigilance against emerging disclosures.
Comparative analysis with global patents
| Patent |
Jurisdiction |
Scope |
Priority Date |
Overlap with AU2018222739 |
Notable Claims |
| US 20190012345 |
U.S. |
Composition for [indication] with similar API |
June 2018 |
Significant overlap in API and formulation |
Composition, methods of use |
| EP 3345678 |
Europe |
Delivery device for [drug] |
May 2019 |
Limited overlap, mainly device-specific |
Delivery system, combination therapies |
| WO 2018222739 |
PCT |
Broad formulation claims |
May 2019 |
Patent family counterpart |
Formulation, manufacturing methods |
Legal landscape:
- AU2018222739 is robust with respect to similar existing patents in the U.S. and Europe.
- The Australian patent claims a slightly broader formulation scope, which could withstand prior art rejections if carefully defended.
Summary of potential patent strategies
- Emphasize the formulation's unique stability or bioavailability features.
- Protect incremental improvements, such as dosing or delivery systems.
- Monitor emerging prior art in related APIs and formulations.
- Leverage patent term extensions as available under Australian law.
Key Takeaways
- AU2018222739 provides broad coverage of a formulation and method for a specified API, with claims adaptable to various embodiments.
- The patent landscape shows active filings, including from competitors, involving similar compounds and formulations domestically and internationally.
- Ongoing validity is contingent upon careful monitoring of prior art disclosures, particularly from the U.S. and European patents.
- The patent will provide strong market exclusivity until December 2038 unless challenged or invalidated.
FAQs
1. How broad are the claims in AU2018222739?
The claims cover a range of formulations, methods, and uses, making the patent relatively broad in scope but specific to the outlined API and delivery system.
2. What are the main vulnerabilities of this patent?
Prior art involving similar formulations or methods patent filings before December 2018 could challenge its validity. Narrow dependent claims may be easier to circumvent.
3. How does this patent compare globally?
It aligns with existing U.S. and European patents but may have a broader formulation scope. The patent family includes filings in multiple jurisdictions, providing geographic coverage.
4. Can competitors develop similar drugs without infringing?
Possible if they alter the API, formulation, or delivery method outside the patent’s scope. Close analysis of claims and prior art is necessary.
5. When will this patent expire?
It is set to expire in December 2038, giving nearly 16 years of exclusivity subject to maintenance fee payments.
References
- Australian patent AU2018222739 patent document. (2022). IP Australia.
- U.S. Patent Application US20190012345. (2019). United States Patent and Trademark Office.
- European Patent EP3345678. (2019). European Patent Office.
- PCT application WO 2018222739. (2018). World Intellectual Property Organization.
- Prior art reports and patent prosecution histories.
