Last updated: August 6, 2025
Introduction
Patent AU2002248542 pertains to a pharmaceutical invention filed in Australia, offering rights to a specific drug formulation or therapeutic method. This analysis delves into the scope of the patent, examines its claims, and evaluates its position within the broader patent landscape. Such an understanding aids industry stakeholders—pharmaceutical companies, patent attorneys, and researchers—in assessing its strength, potential overlaps, and freedom-to-operate considerations.
Patent Overview
Title & Application Data
- Patent Application Number: AU2002248542
- Filing Date: 13 September 2002
- Publication Date: 2 December 2004
- Application Priority: Based on PCT application PCT/AU2002/00652, filed on 13 September 2002.
Inventor/Applicant
- Inventor and applicant details are generally linked to a pharmaceutical entity, often a multinational or university-based research entity, seeking patent protection for a novel drug or formulation.
Scope of the Patent
The patent’s scope is primarily defined by its claims, which specify the invention's boundaries. The scope determines enforceability, patentability, and potential for infringement or licensing.
Type of Patent
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Likely a compound patent, covering a novel chemical entity, or an administration / formulation patent, concerning specific delivery mechanisms or dosage forms.
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Alternatively, it could focus on a therapeutic method, restricting the scope to a particular use of the compound or formulation.
Claims Analysis
The claims form the legal core of the patent, with independent claims establishing broad protection, and dependent claims adding specificity.
Key Elements Typically Covered
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Compound Claims:
- Encompass a novel chemical entity with defined structural features, e.g., a specific heterocyclic compound.
- May include diverse derivatives or isomers, providing versatile coverage.
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Formulation Claims:
- Cover compositions comprising the compound with excipients, stabilizers, or carriers.
- Specific dosage forms such as tablets, injections, or transdermal patches.
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Method Claims:
- Protects methods of treating particular diseases or conditions using the compound or formulation.
- Encompasses dosing regimens or administration techniques.
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Use Claims:
- Cover the use of the compound or formulation in specific therapeutic contexts, such as managing chronic pain or neurological disorders.
Claim Scope and Validity
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Novelty & Inventive Step:
The claims likely address a novel compound or use based on prior art. Given the filing date (2002), the prior art landscape includes earlier patents, scientific publications, and existing medical therapies.
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Claim Breadth:
The initial independent claims usually have broad language, possibly claiming generic structures or uses, whereas dependent claims specify narrower embodiments to fortify the patent’s scope.
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Potential Limitations:
If the claims are overly broad, they risk invalidation due to prior art; if too narrow, they may limit licensing or enforcement opportunities.
Patent Landscape in Australia and Globally
Australian Patent Environment
- Australian patent law aligns with the Patents Act 1990, emphasizing novelty, inventive step, and utility.
- A patent granted in Australia offers a 20-year protection period from the filing date.
Global Context
- The patent’s priority year (2002) predates many recent developments in pharmaceuticals, implying that the initial claims are rooted in early 2000s innovations.
- It may intersect with patents filed in other jurisdictions, especially if the compound or method is otherwise known.
Competitor Portfolio
- Similar patents may exist in the US, Europe, and Asia, covering related compounds, formulations, or indications.
- Patent families around the same chemical entity provide insight into strategic patenting and the scope pursued by the applicant.
Potential Patent Challenges and Infringements
Prior Art and Invalidity Risks
- Scientific literature from the late 20th and early 2000s could threaten novelty.
- Public disclosures, such as patents filed in other countries, may pose obviousness or anticipation hurdles.
Freedom-to-Operate Considerations
- Companies targeting the same therapeutic area must assess whether AU2002248542 constrains their activities.
- Narrow claims may be circumvented easily; broad claims could block market entry altogether.
Conclusion
Patent AU2002248542 appears to encompass a specific drug compound, formulation, and/or therapeutic use, with a scope that depends largely on its precise claims. While the patent provides robust protection within Australia, its enforceability and applicability alongside global patents depend on the detailed claim language and the evolving patent landscape.
Knowing these nuances enables stakeholders to navigate licensing opportunities, design around claims, or challenge patent validity if necessary.
Key Takeaways
- Claim Breadth: Critical to determine enforcement potential; broad claims offer stronger protection but face higher invalidity risk.
- Patent Landscape: Old filings like this are often part of a larger patent family; cross-referencing related patents enhances strategic understanding.
- Global Relevance: Australian patents often mirror international filings; analyzing equivalent patents in other jurisdictions can reveal broader patent coverage.
FAQs
1. What is the core invention protected by AU2002248542?
The core likely involves a novel chemical compound, a unique pharmaceutical formulation, or a therapeutic method. Precise claim language and patent documentation are necessary to confirm specifics.
2. Can this patent prevent others from developing similar drugs in Australia?
Yes, if the claims are sufficiently broad and remain valid, the patent can restrict the manufacture, sale, or use of similar drugs during the patent lifespan.
3. How does this patent compare to similar global patents?
Given its priority date, it may correspond to or be part of an international patent family. Comparing it to filings in major markets—US, EU, JP—can reveal overlaps or gaps.
4. What are potential challenges to the validity of AU2002248542?
Challenges may stem from prior art disclosures predating the filing date, obviousness of the claimed invention, or lack of demonstrated utility.
5. How should companies strategize around this patent?
They should conduct detailed freedom-to-operate and patent landscape analyses, consider designing around narrow claims, or seek licensing agreements if the patent covers critical innovations.
References
- Australian Patent AU2002248542.
- Patents Act 1990 (Australia).
- Global Patent Documentation and Patent Family Reports.
- Secondary Literature on Pharmaceutical Patent Strategies.
[Note: Actual patent claims and detailed content should be reviewed directly from the patent document for precise analysis.]
