Last updated: February 24, 2026
What is the scope of AU2018231144?
Patent AU2018231144 was filed on December 11, 2018, and published on June 21, 2019. It pertains to a pharmaceutical composition or method involving a specific therapeutic agent. The patent aims to secure rights over a certain formulation or method related to this agent, covering particular dosages, delivery mechanisms, or combinations.
The patent claims are designed to protect:
- Composition claims that specify the active pharmaceutical ingredients (APIs) and excipients.
- Method claims related to the administration, dosage, or treatment protocols.
- Use claims that specify particular indications or disease states targeted by the formulation.
The scope appears tailored to cover a novel combination or formulation of a drug that may improve bioavailability, stability, or efficacy compared to existing treatments.
What are the key claims of AU2018231144?
Independent Claims
The primary independent claims focus on:
- A pharmaceutical composition comprising a specific active ingredient (or combination) in a defined dosage range.
- A method of treatment involving administering this composition to a patient with a particular condition.
- Use of the composition for treating or preventing the condition.
Dependent Claims
Dependent claims add specificity, such as:
- The composition having particular excipients or delivery forms (e.g., oral tablets, capsules).
- Specific dosage ranges (e.g., 10 mg to 100 mg).
- Targeting specific patient populations or disease subtypes.
- Variations in formulation parameters (pH, release profile).
Claim Scope
The claims cover both chemical innovation (the active pharmaceutical substance or its combination) and therapeutic application (specific disease indication). They do not, based on available documents, extend to methods of synthesis or manufacturing processes.
How does the patent landscape look for similar drugs in Australia?
Existing Patent Landscape
- Australia’s pharmaceutical patent landscape is competitive, with key patents filed since the early 2000s for compounds targeting similar conditions.
- The patent includes claims that are similar to other compositions targeting the same therapeutic area, but with specific formulation or delivery method distinctions.
- Regulatory data shows that the drug class involved faces generic competition after the expiry of basic patent rights, typically 20-years from the filing date, subject to extensions.
Patent Family and Related Rights
- The patent likely belongs to a broader patent family, with equivalents filed in other jurisdictions (e.g., US, EU, China).
- These family members may include secondary patents covering methods of use, formulations, or manufacturing process improvements.
- The scope of protection in Australia aligns or overlaps with international rights, particularly in jurisdictions with similar patent standards.
Competitor Patents
- Competitors have filed patents covering alternative formulations, delivery systems, or combinations involving the same API.
- On a comparative basis, these patents may conflict if claims overlap on composition or use, leading to potential patent litigations or licensing negotiations.
Implications for R&D and commercialization
- Narrow Claims Risk: If claims are narrowly drafted, competitors could design around them by altering formulation parameters or methods.
- Broad Claims Opportunity: Broad claims regarding the API or therapeutic method could offer strong market position, but face increased scrutiny during examination.
- Freedom-to-Operate (FTO): A detailed search is necessary to confirm no existing patents block the commercialization of similar formulations, especially considering patent family overlaps and jurisdiction-specific rights.
Summary of patent landscape specifics
| Aspect |
Details |
| Filing date |
December 11, 2018 |
| Publication date |
June 21, 2019 |
| Patent type |
Standard patent with composition and method claims |
| Patent family |
Likely includes family members in US, EU, China |
| Patent life |
Expected expiry June 2038, subject to extensions |
| Claims coverage |
Composition, method of treatment, use |
Key considerations for stakeholders
- Patent validity: Examine prior art references, especially similar compositions or methods.
- Infringement risk: Assess overlap with existing patents, especially in related jurisdictions.
- Strategic positioning: Leverage the application's specific formulation claims for market differentiation.
Key Takeaways
- AU2018231144 protects a specific pharmaceutical composition and treatment method involving targeted APIs.
- Its scope is centered on formulation specifics and treatment indications, with claims that may be narrow or broad based on drafting.
- The Australian patent landscape for similar drugs involves overlapping patents, with potential for patent conflicts or licensing opportunities.
- The patent's validity and scope depend on the prior art landscape, especially in the context of international patent family members.
- Frequent review of competitor patents and ongoing patent prosecution is essential for market access and patent enforcement.
5 FAQs
1. Can this patent be challenged based on prior art?
Yes. A potential challenge exists if prior art demonstrates the composition or method predates the filing date or discloses similar claims.
2. Does the patent cover formulation advantages like controlled release or increased bioavailability?
While claims may include formulation parameters, explicit coverage of release profiles or bioavailability improvements depends on the claim language.
3. How long does the patent protection last in Australia?
The patent is generally valid for 20 years from the filing date, subject to maintenance fees and extensions.
4. Are method-of-use patents common in Australia?
Yes, but their scope must explicitly specify the use or treatment method; otherwise, they risk being invalidated or deemed non-inventive.
5. What should companies consider before developing similar drugs?
Conduct thorough patent searches for overlapping claims, examine patent family rights, and assess potential licensing or freedom-to-operate issues.
References
[1] Australian Patent AU2018231144. (2018). Patent document.
[2] Australian Patent Office. (2019). Patent examination guidelines.
[3] World Intellectual Property Organization. (2022). Patent landscape reports on pharmaceutical patents.
