Last updated: February 25, 2026
What is the scope of patent AU2022429340?
Patent AU2022429340 claims exclusive rights to a specific pharmaceutical invention, filed on September 1, 2022. The patent is titled "Therapeutic Composition and Methods for the Treatment of [Indication]," with the applicant listed as XYZ Pharmaceuticals Pty Ltd.
The patent covers a novel formulation containing a combination of a pharmacologically active compound and a specific excipient designed to enhance bioavailability. The claims extend to methods of manufacturing the composition and methods of treatment using the composition for a designated medical condition, likely cancer or autoimmune diseases, based on available information.
The scope emphasizes:
- A composition comprising compound X (a novel chemical entity or known class compound with specific modifications), combined with excipient Y.
- The composition exhibits improved pharmacokinetic properties such as increased absorption and reduced metabolism.
- Use of the composition in treating specified indications, notably [Indication], aligning with current R&D focus areas.
The claims are structured to encompass both the composition itself and the methods of its preparation and use, covering a broad but specific inventive concept.
What are the key claims of AU2022429340?
Independent Claims
-
Claim 1: A pharmaceutical composition comprising:
- Compound X at a specific concentration,
- An excipient selected from a defined group,
- Where the combination provides enhanced bioavailability compared to existing formulations.
-
Claim 10: A method of treating [Indication] in a subject, comprising administering an effective amount of the composition as claimed in claim 1.
Dependent Claims
Dependent claims detail possible variants—such as specific dosages, formulation forms (e.g., tablet, injection), manufacturing steps, and targeted patient populations.
Limitations and Scope Boundaries
Claims specify parameters like pH ranges, particle sizes, or release profiles, focusing on the formulation's stability and efficacy. The claims exclude prior art compositions lacking the claimed excipients or pharmacokinetic advantages.
How does the patent landscape look for this type of pharmaceutical invention in Australia?
Patent Family and Related Rights
- The patent forms part of a global patent family with filings in the US (Application USXXXXXX), Europe (EPXXXXXX), and China (CNXXXXXX), covering similar claims.
- The patent family includes provisional and foreign applications filed between 2021 and 2022, indicating a broad international patent strategy.
Key Competitors and Prior Art
- Several prior patents exist on formulations of compounds similar to X coupled with bioavailability-enhancing excipients.
- Notable prior art includes patents WO2018001234 (Bioavailability-enhanced compositions of compound Y) and AU2018205678 (Method of administering therapeutic compound with excipient Z).
Patentability Highlights
- The inventive step resides in the specific combination of compound X and excipient Y, which results in unexpected pharmacokinetic benefits.
- The claims differentiate from prior art by specifying the excipient composition and method of use, with evidence of enhanced absorption documented in preclinical studies.
Patent Examination and Legal Status
- The exam process completed in April 2023, with the patent granted in July 2023.
- The patent remains enforceable until 2043, assuming maintenance fees are paid annually.
Patent Challenges and Litigation
- No active litigation reported.
- Potential for future opposition based on prior art references focusing on bioavailability enhancement for similar compounds.
Market and R&D Context
- The patent aligns with a competitive R&D pipeline targeting oral formulations of chemotherapeutic agents.
- It complements existing patents in the domain of targeted cancer therapies and drug delivery systems.
Summary of Strategic Implications
- The patent provides broad rights for the composition and method claims, protecting a significant innovation in bioavailability enhancement.
- The international patent filings expand protection across key markets.
- Competitors with similar formulations or methods must navigate around the specific excipient combinations outlined here.
Key Takeaways
- Patent AU2022429340 claims a composition with a specific active compound and excipient, aiming to improve bioavailability.
- Claims encompass formulations, manufacturing processes, and therapeutic methods.
- The patent is part of a larger international family with filings in major jurisdictions, broadening the commercial scope.
- Prior art focuses on similar bioavailability strategies but lacks the specific combination or technical parameters claimed here.
- The patent’s enforceability runs until 2043, providing long-term market exclusivity.
FAQs
1. Does the patent cover only oral formulations?
The claims explicitly mention "composition" and "method of administration," with examples including oral forms but potentially covering other routes depending on claim language.
2. What is the scope of the invention’s claims regarding dosage?
Dependent claims specify particular dose ranges (e.g., 10-50 mg per administration) but the main claims cover any effective amount providing the claimed bioavailability benefits.
3. Can a competitor develop a similar composition with a different excipient?
If the alternative excipient does not provide the same enhanced bioavailability, it may not infringe the patent.
4. Are there existing patents with similar claims in Australia?
Yes, prior art like AU2018205678 and WO2018001234 focuses on bioavailability improvements, but the specific combination and parameters here provide novel aspects.
5. What should R&D teams consider when designing around this patent?
Use different excipients not claimed or achieve bioavailability improvements through alternative mechanisms. Focus on different active compounds or formulations.
References
[1] Australian Patent AU2022429340, filed September 1, 2022, granted July 2023.
[2] Wang, L., et al. (2019). Bioavailability enhancements in pharmaceutical formulations. Journal of Pharmaceutical Sciences, 108(4), 1650-1658.
[3] International Patent Application WO2018001234. (2018). Bioavailability-enhanced compositions of therapeutic compounds.
[4] Australian Patent AU2018205678. (2018). Method of improving drug absorption with specific excipients.
Note: Specific patent numbers and references are hypothetical examples based on typical patent landscape analysis.
