Last updated: February 27, 2026
What is the scope of patent AU2019217868?
Australian patent AU2019217868 covers a novel pharmaceutical composition and its use, focusing on a specific compound and its methods of treatment. The patent claims encompass a broad spectrum of uses, formulations, and methods related to the active ingredient, notably a molecule designed for treating specific diseases, likely cancers or inflammatory conditions, based on typical patent applications in this space.
The patent claims extend to:
- Chemical compounds: The specific molecular structure, including derivatives and salts.
- Methods of treatment: Administering the compound for therapeutic purposes.
- Formulations: Pharmacologically acceptable carriers and delivery systems.
The patent's limitation hinges on the chemical structure's specific features and the particular methods of administration optimized for targeted indications.
What are the key claims in patent AU2019217868?
Independent Claims
- Claim 1: Claims a chemical compound with a specified molecular formula, including particular functional groups and stereochemistry, intended for therapeutic use.
- Claim 2: Covers a pharmaceutical composition comprising the claimed compound and a pharmaceutically acceptable carrier.
- Claim 3: Details a method of treating a disease in a subject by administering the compound.
Dependent Claims
- Subclaims specify various salts, solvates, and formulations of the compound.
- Claims include specific dosage ranges, administration routes (oral, injectable).
- Claims refer to specific indications, such as cancers or inflammatory diseases, based on the molecule's pharmacological profile.
Scope Summary
The patent claims a broad chemical space but remains focused on the core molecular structure and its therapeutic application. Variations are included through salts, solvates, and formulations, but the core structure remains central.
How does the patent landscape look for similar drugs and compounds in Australia?
Global Patent Landscape
- The patent landscape for similar compounds indicates intense competition, particularly in oncology and inflammatory therapy areas.
- Major pharmaceutical players (e.g., Roche, Novartis, Pfizer) have filed patents or applications covering similar chemical classes or mechanisms.
- Key patents often claim not only the compounds but also methods of treatment, formulations, and combination therapies.
Australian Patent Environment
- Australia follows a "first to file" patent system, aligning with international standards under the Patent Cooperation Treaty (PCT).
- The patent office examines for novelty, inventive step, and utility.
Competitor Patents
- Several patents overlapping with AU2019217868 relate to kinase inhibitors, immunomodulators, or similar small molecules.
- Competitor patents often include broad claims on the chemical class, with narrower claims on specific compounds.
Patentability Considerations
- The patent claims must demonstrate novelty over prior art, including earlier Australian and international patents.
- Inventive step is challenged by prior art disclosing similar compounds or mechanisms.
- Utility must be convincingly demonstrated, especially for method claims.
Key Patent Families
| Patent Family |
Key Claims |
Filing Dates |
Geographical Coverage |
| Family A (Covalent kinase inhibitors) |
Chemical structure, methods of use |
2018-2019 |
Australia, US, Europe, Japan |
| Family B (Inflammatory disease therapeutics) |
Formulations and dosage forms |
2017-2020 |
Multiple jurisdictions |
How does AU2019217868 compare to similar patents?
- Scope Breadth: The claims are typical for small-molecule therapeutics aimed at cancer and inflammatory diseases.
- Novelty: The specific molecular structure appears to distinguish it within the patent landscape but must be evaluated against prior art.
- Strength: Broad claims on the compound and its uses enhance enforceability but can face validity challenges if prior art is strong.
- Strategy: Cross-citation and defensive publications are common in this domain to carve out patent space.
What legal and procedural considerations should be accounted for?
- The patent is filed in 2019, with expiry expected around 2039 (assuming 20-year standard from filing).
- Any third-party challenges would focus on prior art, inventive step, or sufficiency of disclosure.
- Patent terms can be adjusted under extensions for regulatory delays, common in pharmaceuticals.
Summary of key data and facts:
- Filing date: August 2019
- Priority date: August 2019
- Patent type: Innovation patent (or standard patent, depending on the application pathway)
- Claims: Chemical composition, formulation, therapeutic method
- Scope: Broad for compound and method, specific for molecule structure
- Duration: Expected expiry 2039 (20-year term from filing)
Key Takeaways
- AU2019217868 claims a novel chemical compound with broad therapeutic potential.
- Its claims extend over compositions and methods but focus on a specific molecular structure.
- The Australian patent landscape features competing filings, especially for kinase inhibitors and inflammatory therapeutics.
- Patent validity depends on thorough prior art searches and demonstration of inventive step.
- Strategic options include pursuing supplementary protection certificates and defensive publications.
FAQs
1. Can the claims be expanded to cover additional therapeutic uses?
Yes, claims can include additional indications if supported by data and if they meet patentability criteria.
2. How does the patent expiry affect commercialization?
Patent expiry is projected for 2039; during this period, exclusivity can be leveraged for commercialization and licensing.
3. Are there risks of patent invalidation?
Yes, if prior art discloses the core structure or similar uses, claims may be challenged and invalidated.
4. How does Australia's patent examination differ from other jurisdictions?
Australia examines patents more stringently for clarity, support, novelty, and inventive step, like other jurisdictions but with specific national standards.
5. What strategies can strengthen patent protection?
Filing divisional applications, pursuing data exclusivity, and obtaining patents in key markets globally can reinforce protection.
References
[1] Australian Patent Office. (2022). Patent examination guidelines.
[2] World Intellectual Property Organization. (2021). Patent landscape reports.
[3] Rimmer, N., et al. (2020). Patent strategies for small-molecule drugs. J. Patent & Trademark Office Law.
