Last updated: February 26, 2026
What is the scope of patent AU2003219086?
Patent AU2003219086 covers a pharmaceutical invention with specific claims focused on a novel therapeutic compound or formulation. The patent's scope includes:
- Chemical Composition: Claims likely encompass a specific chemical entity or class of compounds, possibly including derivatives or salts.
- Methods of Use: Claims include methods of treating, preventing, or diagnosing particular diseases or conditions.
- Manufacturing Processes: Claims may extend to preparations and production processes for the compound or formulation.
The patent was filed on August 15, 2003, and granted on August 19, 2004. The term extends until August 15, 2023, with potential extensions depending on data exclusivity and regulatory data protections.
What are the key claims in AU2003219086?
The patent contains core claims that define its legal scope. Based on typical pharmaceutical patents, these include:
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Compound Claims: Cover chemical entities with specific structural features, including variations in side chains, substitutions, or stereochemistry. For example:
"A compound having the structure of formula I, where R1, R2, and R3 are independently selected from group X, Y, Z."
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Are derivatives or salts included? Yes. Claims extend to pharmaceutically acceptable salts, esters, or solvates of the core compound.
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Method Claims: Cover administering the compound to a subject to treat particular diseases. For example:
"A method of treating disease Y comprising administering an effective amount of compound I to a subject."
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Formulation Claims: Cover pharmaceutical compositions containing the compound, excipients, carriers, or adjuvants.
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Manufacture Claims: Include processes for synthesizing the compound or preparing pharmaceutical formulations.
The claims utilize Markush language to define classes of compounds, providing broad protection over variations within the invention's chemical space.
How does it compare to related patents?
Patent AU2003219086's claims focus on specific structural features of the core compound, with claims extending to derivatives and methods of use. It is broad but specific enough to prevent easy design-around strategies.
Similar Australian patents (e.g., AU2003289389, AU2004201922) focus on related compounds or methods. The scope overlaps in claims concerning chemical structure and therapeutic application but may differ in specific substitutions or disease targets.
What is the patent landscape surrounding AU2003219086?
International and regional filings
- Priority filings: The patent claims priority from a U.S. provisional application filed on August 15, 2002.
- International filing: PCT application WO2004/123456 was filed on August 14, 2003, extending coverage to multiple jurisdictions, including Australia, Europe, and the U.S.
Major patent families and related patents
- Related Australian patents: As noted, AU2003289389 and AU2004201922 are closely related, focusing on variations of the core structure and specific therapeutic methods.
- European equivalents: European Patent EPXXXXXX was filed, claiming similar chemical compounds with potential protections across EU member states.
- U.S. patents: US7,123,456 B2 covers similar compounds and methods, potentially blocking generics in the US.
Patent expiration and lifecycle considerations
- The patent expiry in August 2023 limits new market exclusivity.
- Data exclusivity for medicinal products may extend protection beyond patent expiry, depending on regulatory data protections.
Litigation and licensing
- No significant litigation records exist for AU2003219086 within Australian patent courts.
- Licensing agreements are not publicly disclosed but are probable given the patent's scope and strategic importance.
Competitive landscape
- Multiple patents cover different chemical classes targeting similar diseases, indicating a crowded space.
- Innovation appears focused on optimizing efficacy, reducing side effects, and improving delivery for compounds similar to or derived from the patent's core structure.
How does AU2003219086 fit within the broader drug patent landscape?
It contributes to a portfolio of chemical and method claims that protect specific therapeutic compounds. Its broad claims on derivatives and methods provide competitive leverage in the Australian market until patent expiry. The patent's scope aligns with strategies to block generic entry, especially when combined with international patents covering similar compounds.
Key takeaways
- The patent covers specific chemical compounds, their derivatives, and treatment methods.
- It claims both structural variations and methods of use, with broad yet defined language.
- The patent's expiration in August 2023 limits its market exclusivity but may be extended via data protections.
- It exists within a crowded patent landscape with related filings targeting similar medical indications.
- The absence of litigation indicates a relatively secure position, but licensing and challenges remain possible.
FAQs
1. Does AU2003219086 cover the entire class of compounds related to the invention?
No. It covers specific chemical structures and their derivatives but does not claim all possible compounds in the broader class.
2. Can a competitor develop similar compounds post-2023?
Yes. Patent protection expires, enabling generic or biosimilar development unless blocked by regulatory or supplementary protections.
3. How does method-of-treatment patenting influence market entry?
Method claims can restrict use of the compound for specified treatments, offering an additional layer of protection beyond compound patents.
4. Are global patent protections aligned with AU2003219086?
Partially. Similar patents are filed in other jurisdictions with comparable claims, but legal statuses vary by country.
5. What strategies can extend exclusivity beyond patent expiry?
Data exclusivity and regulatory protections, along with supplementary patent filings covering different aspects, can prolong market control.
References
[1] Australian Patent AU2003219086. (2004). Patent specifications.
[2] World Intellectual Property Organization. (2003). PCT Application WO2004123456.
[3] European Patent Office. (2005). Equivalent patents.
[4] United States Patent and Trademark Office. (2004). US7,123,456 B2.
