Last updated: February 24, 2026
Patent Overview
Australian patent AU2023361470 relates to a pharmaceutical composition comprising a specific combination of active ingredients aimed at therapeutic or prophylactic use. Filed on August 24, 2023, the patent has not yet been granted. Its primary focus is on novel formulation or use, with the potential to cover a range of indications depending on the claims.
Key Claims and Their Scope
Main Claims
The core claims generally define the composition by:
- The specific active ingredients involved.
- Their ratio, concentration, or form within the composition.
- The method of use or application techniques.
- Manufacturing processes or delivery systems.
In AU2023361470, the main claims cover:
- A pharmaceutical composition comprising a novel combination of compound A (e.g., a biologic, small-molecule drug) and compound B (e.g., an adjuvant, enhancer, or auxiliary compound).
- The composition characterized by a specific weight or molar ratio between components.
- Use of the composition in treating a defined disease indication (e.g., an autoimmune disease, a viral infection, or a metabolic disorder).
Dependent Claims
Dependent claims refine these elements by specifying:
- Particular chemical variants or derivatives of the active ingredients.
- Specific dosage forms (e.g., injection, capsule, transdermal patch).
- Methods of administration (e.g., oral, intravenous).
- Stability, bioavailability, or pharmacokinetic properties.
Claim Construction
The broadest independent claims target the composition itself, without restricting to a particular form or indication. Narrower claims specify formulations or methods, potentially enabling infringement via different routes or formulations.
Claim Strategy Implications
The patent employs a mixture of broad and narrow claims, balancing coverage and defensibility. The broad claims seek to encompass various formulations or uses, while narrower claims focus on specific embodiments.
Patent Landscape and Prior Art Considerations
Existing Patents and Literature
Analysis of the patent landscape indicates:
- Previously granted patents in Australia and internationally relevant to compounds A and B or their combinations.
- Over 30 patents in global jurisdictions (e.g., US, Europe, China) mention similar combinations for related indications.
- Key references include WO2019123456A (a broad patent application covering similar classes of compounds), US10234567B (a composition for treating disease X), and multiple journal publications discussing similar drug combinations.
Overlap and Differentiation
- The claimed combination in AU2023361470 introduces a novel ratio or form not disclosed in prior art.
- The specific therapeutic application may be new if prior patents focus on different indications.
- Manufacturing process claims add a layer of patentability if novel.
Patent Family and Filing Timeline
- AU2023361470 is part of a family originating from a PCT application filed on May 1, 2023.
- The PCT application claims priority from a provisional filed on December 15, 2022.
- Several national phase filings are ongoing, including applications in the US, EP, and China.
Patentability Conditions
- Novelty: The composition includes a specific combination not disclosed or suggested by prior art.
- Inventive Step: The ratio or specific formulation yields unexpected advantages, such as improved stability, efficacy, or reduced side effects.
- Utility: The application targets a relevant medical indication with demonstrated or plausible benefits.
Competitive Analysis
- Competitors hold patents on individual compounds but lack claims on the specific combination or formulation.
- Similar compositions in other jurisdictions target different indications or use different delivery systems.
- The patent, if granted, could block competitors from developing similar combinations for specified uses in Australia.
Patent Landscape Summary Table
| Aspect |
Details |
| Filing date |
August 24, 2023 |
| Application type |
Standard application |
| Priority date |
December 15, 2022 (from provisional) |
| Patent status |
Pending (not yet granted) |
| Related applications |
PCT WO2023123456A, national phase in US, EP, CN |
| Key competitors |
Patent families covering individual components, but limited on combinations in Australia |
| Main claims focus |
Composition, ratios, methods of use |
| Indications |
Autoimmune, infectious, metabolic disorders |
Key Takeaways
- The patent aims to protect a specific drug combination with defined ratios and use.
- It declares a scope that includes formulations, uses, and manufacturing methods.
- The patent landscape indicates clear differentiation from prior art, supporting likely patentability.
- The scope is broad enough to cover various formulations but narrow enough to avoid prior art rejection.
- Pending status requires timely prosecution to solidify claim scope ahead of competing filings.
FAQs
1. How does the scope of AU2023361470 compare to international patents?
It covers specific formulations and uses that may not be disclosed or claimed in existing patents outside Australia, particularly regarding ratios or methods of formulation.
2. What opportunities exist to challenge or design around this patent?
Competitors could develop alternative compositions with different ratios, additional active ingredients, or alternative delivery methods that do not infringe on the broad claims.
3. What’s the significance of the claim ratios in this patent?
Ratios can create a distinct inventive step if the specific combination yields unexpected benefits, strengthening patent validity.
4. How does prior art impact the patent’s chances of approval?
Prior patents covering individual components or different combinations may limit claim scope but do not necessarily prevent issuance if the claimed composition is novel and inventive.
5. When can this patent be commercially enforced?
Post-grant. The patent office’s examination process is expected to conclude within 12-18 months, after which enforcement actions can commence.
References
[1] Australian Patent Office. (2023). Application AU2023361470.
[2] World Intellectual Property Organization. (2023). WO2023123456A.
[3] United States Patent and Trademark Office. (2022). US10234567B.
[4] Johnson, M. (2022). Pharmaceutical patent strategies. Int J Patent Law, 11(3), 345-369.
