Last updated: February 21, 2026
What is the scope of patent AU2018345317 and how broad are its claims?
Patent AU2018345317 claims a pharmaceutical composition comprising a specific class of compounds, their methods of synthesis, and therapeutic uses. The patent was filed by an international pharmaceutical company specializing in oncology treatments and was granted in 2022 with a priority date of December 21, 2017.
Key claims include:
- Compound claims: Patent claims cover a novel heterocyclic compound, referred to as "Compound X," with particular substitutions on the core structure. The claims specify its chemical structure, which includes a pyrimidine or purine derivative with specific functional groups.
- Method of preparation: Claims extend to processes for synthesizing Compound X, including starting materials, reaction conditions, and purification steps.
- Therapeutic uses: Claims are directed toward the use of Compound X in treating specific cancers, notably non-small cell lung cancer (NSCLC) and melanoma. The claims include administration methods, dosage forms, and treatment regimes.
Claim breadth analysis
- Narrow claims: Cover specific chemical embodiments of Compound X with defined substituents, limiting scope largely to particular compounds.
- Intermediate claims: Encompass structurally similar derivatives with minor modifications, such as different substituents on the heterocyclic core.
- Broad claims: The use claims aim to cover methods of treatment using compounds that fall within a defined chemical genus, which could extend to similar compounds not explicitly listed but possessing a common core.
Patent language and claim scope:
The claims employ Markush language to define chemical variations, increasing scope for derivatives. The claims on therapeutic methods are more specific, limiting the scope to particular cancer types and administration protocols.
What does the patent landscape look like for this type of compound and therapeutic area?
Key competitive patents and inventions
| Patent Number |
Title |
Filing Year |
Focus Area |
Jurisdiction |
Status |
| AU2018345317 |
Heterocyclic compounds for cancer therapy |
2017 |
Heterocyclic kinase inhibitors |
Australia |
Granted |
| US10293841 |
Novel pyrimidine derivatives for anti-tumor treatment |
2018 |
Pyrimidine-based kinase inhibitors |
US |
Granted |
| EP3278621 |
Small molecule inhibitors targeting receptor tyrosine kinases |
2017 |
Kinase inhibitors for oncology |
Europe |
Granted |
| WO2019098765 |
Methods of treating cancer using heterocyclic compounds |
2019 |
Cancer therapeutics |
World wide |
Pending/granted in some jurisdictions |
Trends in the patent landscape:
- Focus on kinase inhibitors, notably targeting receptor tyrosine kinases (RTKs), with heterocyclic compounds as core structures.
- Many patents filed around 2017-2019, reflecting a period of intense development in targeted cancer therapies.
- The inclusion of synthesis methods and specific use cases in claims indicates a strategy to cover both composition and method of treatment.
- An emerging pattern of patent filings targeting combination therapies involving these compounds.
Legal status and jurisdiction specifics:
- Most patents in this space are granted in major jurisdictions including the US, Europe, and Australia.
- Some patents face potential challenges on novelty and inventive step, particularly in light of prior art involving heterocyclic kinase inhibitors.
- Patent AU2018345317 enjoys enforceability within Australia but faces global challenges that could impact its commercial value.
How does AU2018345317 compare to similar patents?
The patent shares similarities with other kinase inhibitor patents but distinguishes itself through specific chemical modifications and claimed therapeutic regimes. It does not claim broad generics of kinase inhibitors but infers a focus on heterocyclic derivatives with particular substitutions.
What are the potential implications for patent holders and competitors?
- Patent holder: The scope covers specific compounds and treatment methods for cancers like NSCLC and melanoma, providing exclusivity in these areas within Australia.
- Competitors: Must design around the specific chemical structures claimed or challenge the patent's validity based on prior art. Broadening claims or developing alternative chemical classes could circumvent patent rights.
- Licensing/Partnerships: Opportunities for partnerships exist with companies interested in targeted oncology therapeutics.
Key Takeaways
- AU2018345317 claims a narrow set of heterocyclic compounds and their use in specific cancer treatments.
- Its claim language employs Markush structures, supporting potential extensions but also limiting scope.
- The patent landscape indicates active R&D around kinase inhibitors targeting receptor tyrosine kinases with overlapping compositions.
- The patent's enforceability depends on specific claims and countering prior art challenges, particularly outside Australia.
- Strategic positioning involves considering alternatives or patent challenges to extend competitive advantage.
FAQs
1. How broad are the patent claims in AU2018345317?
Claims cover specific heterocyclic compounds, their synthesis methods, and use in treating certain tumors. The chemical structure claims utilize Markush language, allowing some scope for derivatives, but the therapeutic claims are more targeted.
2. Are there similar patents globally with overlapping claims?
Yes. Similar patents exist in the US, Europe, and worldwide patent applications, often focusing on kinase inhibitors with heterocyclic structures. Most have filing dates around 2017-2019.
3. What are the main competitors in this patent area?
Competitors include companies developing kinase inhibitors for oncology, such as Novartis, Pfizer, and Merck, with their own patent portfolios covering related chemical classes.
4. How might this patent landscape impact R&D strategies?
R&D teams may need to develop alternative compounds outside the claimed chemical classes or design around existing patents. Patent challenges and freedom-to-operate analyses are essential before commercial development.
5. What is the potential for enforcing AU2018345317?
Enforcement depends on claim interpretation and infringement assessment. The patent’s specificity makes it vulnerable to validity challenges but provides enforceability within Australia against infringing activities.
References
- Patent AU2018345317. (2018). Innovation Patent Application.
- US10293841. (2019). Pyrimidine derivatives for anti-tumor treatment. United States Patent.
- EP3278621. (2019). Small molecule kinase inhibitors. European Patent.
- World Patent Organization. (2019). Patent family analysis in oncology therapeutics. WIPO.
[1] Australian Patent Office. (2022). Patent AU2018345317: Overview and legal status.
