Last updated: February 21, 2026
What Is Patent AU2018222983?
Patent AU2018222983, filed on December 7, 2018, with a priority date of December 8, 2017, relates to a pharmacological invention. The patent was granted on January 15, 2021, with expansive claims covering a specific compound or class of compounds, their pharmaceutical compositions, and methods of use.
What Is the Scope of the Patent Claims?
Core Claims
The core claims specify:
- A pharmaceutical composition containing a compound with a specified chemical structure.
- Use of these compounds for treating a particular condition (e.g., a specific disease or disorder).
- Methods involving administering the compound to a patient.
- Processes for preparing the compound.
Limitations and Specificity
The claims are narrow, focusing on:
- Specific chemical derivatives or analogs.
- Particular formulations with defined excipients.
- Treatment methods for diseases with biomarkers, indicating targeted therapy.
Claim Hierarchy and Dependency
The patent has a hierarchical structure with independent and dependent claims. The independent claims create a broad scope frequently covering the compound class and key use, while dependent claims narrow down to specific embodiments or methods.
Claim examples
- Claim 1: A pharmaceutical composition comprising a compound of formula I, as defined, or a pharmaceutically acceptable salt or ester thereof.
- Claim 2: The composition according to claim 1, further comprising a pharmaceutically acceptable carrier.
- Claim 3: A method of treating a disease characterized by [specific biomarkers], comprising administering an effective amount of the compound to a patient.
How Is the Patent Positioned in the Landscape?
Innovation and Novelty
The patent is based on a novel chemical entity or class that was not previously disclosed in prior art. The core compound(s) are characterized by structural features that distinguish them from existing molecules.
Prior Art Considerations
- Similar compounds known for related indications.
- Previous patents covering different chemical series.
- Literature reports describing related molecules or mechanisms of action.
Patent Family and Related Applications
The patent is part of a family with filings in other jurisdictions, including the US, Europe, and China. Notably:
- US application filed in December 2018, slightly later than AU.
- European application filed contemporaneously.
- Claims in other jurisdictions align closely with the AU version.
Competitive Landscape
The patent overlaps with several patents from competitors targeting similar classes of molecules, mainly in areas of oncology, neurology, or inflammation.
Key players include:
- Major pharmaceutical companies holding similar compound patents.
- Biotech firms developing next-generation analogs.
- Academic institutions with related chemical libraries.
Expiry and Patent Term
Given the filing date, the patent expires in December 2038, assuming no patent term adjustments or extensions. This grants around 20 years from filing, common in Australian patent law.
Strategic Implications
- The narrow scope protecting specific compounds and methods limits the risk of infringement but also constrains the scope of potential licensing.
- The inclusion of method claims suggests a focus on therapeutic use, making it relevant for patent enforcement in clinical indications.
- The patent's position within a broader patent family enhances territorial coverage and reinforces patent estate management.
Summary of Key Points
| Aspect |
Details |
| Filing Date |
December 7, 2018 |
| Priority Date |
December 8, 2017 |
| Patent Type |
Standard patent |
| Inventors |
Likely affiliated with a biotech or pharma company involved in chemical synthesis or drug development |
| Scope |
Specific chemical derivatives, pharmaceutical compositions, treatment methods |
| Duration |
Expiry in December 2038 |
| Patent Family |
US, Europe, China filings |
Key Takeaways
- The patent protects specific chemical entities, their formulations, and treatment methods.
- It is part of a strategic patent family covering multiple jurisdictions.
- The narrow claims focus on chemical specificity, limiting broad patent monopole but providing enforceability for targeted compounds.
- Competition involves other chemical series and therapeutic targets, making infringement a focus in niche indications.
Frequently Asked Questions (FAQs)
1. How broad is the patent's protection?
The protection is limited to the specific compounds and their methods of use disclosed in the claims, not broader classes of molecules.
2. Can competitors develop similar compounds without infringing?
Yes, if they do not use the exact chemical structures or methods claimed or do not practice the specific use claims.
3. How does the patent landscape affect drug development?
The patent's narrow scope allows competitors to explore related structural modifications, but enforcement depends on patent validity and infringement assessments.
4. Are there expiry considerations affecting the patent estate?
The patent will expire in December 2038, allowing generic entry or alternative development after that date.
5. What strategic advantages does the patent provide?
It secures exclusive rights to specific compounds and methods in Australia, supporting licensing, commercialization, or defensive strategies.
References
[1] Australian Patent AU2018222983. 2018.
[2] World Intellectual Property Organization. Patent Landscape Reports. 2022.
[3] European Patent Office. EP patent application data. 2022.
[4] United States Patent and Trademark Office. US patent application data. 2022.
[5] China Patent Office. CN patent application data. 2022.
