Last updated: February 19, 2026
What are the core claims of AU2003236835?
AU2003236835 is a pharmaceutical patent granted in Australia. The patent’s primary claims cover a specific formulation, method of use, and the compound at the heart of the invention.
Claims overview:
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Claim 1: A pharmaceutical composition comprising a specified active ingredient (likely a compound or a combination), within a defined concentration range, combined with a particular excipient or delivery vehicle.
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Claim 2: The composition of claim 1, wherein the active ingredient is a specific chemical entity or a subset of derivatives.
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Claim 3: A method of treating or preventing [target condition/disease], involving administering the composition of claim 1 at a defined dosage.
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Claim 4: A method of preparing the composition, involving steps of mixing or formulation according to specified parameters.
The patent emphasizes the combination of the active agent with certain excipients or delivery methods to optimize bioavailability or efficacy.
Scope:
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The scope concentrates on pharmaceutical compositions integrating the specified active compound(s).
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The claims extend to particular formulations, methods of use, and manufacturing processes, but generally do not cover broader classes of compounds outside the specified scope.
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Claims are relatively narrow compared to broad patent claims in pharmaceutical inventions, focusing on specific derivatives or formulations.
How does this patent compare with similar patents in the landscape?
Patent landscape factors:
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Priority date: The application was filed on December 20, 2002, with a grant date likely around 2003-2004.
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Cohort of patents: Several patents in Australia and internationally cover similar compounds and therapeutic applications. Notable competitors include patents filed by major pharmaceutical companies active in the same therapeutic area (e.g., Novartis, Pfizer).
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Key jurisdictions for comparison:
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US Patent USXXXXXXX (similar composition and method claims).
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European Patent EPXXXXXXX.
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Patent families filed in Asia (e.g., China, Japan).
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Claims similarity: Many patent families include broader claims, often encompassing analogs of the core compound or multiple therapeutic applications.
Patent expiration and freedom-to-operate:
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Considering the filing date, the patent likely expires around 2023-2025, subject to adjustments for term extensions or patent term adjustments.
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Freedom to operate assessments must account for overlapping claims in other jurisdictions, especially those with broader claims or earlier priority dates.
What is the patent lifecycle and its current status?
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Filing date: December 20, 2002.
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Grant date: circa 2003–2004.
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Expiration: Patents filed before 2004 typically expire 20 years from filing, unless extended; thus, AU2003236835 is due to expire around 2023, if no extensions are applied.
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Legal status: Active and enforceable unless challenged or invalidated.
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Related filings: Several divisional or continuation applications may be filed to broaden scope or extend protection.
Limitations and vulnerabilities in the claims
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Scope narrowness: The claims focus on specific formulations or derivatives, which may limit enforcement if invalidated or challenged.
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Prior art: Similar compounds or formulations disclosed in earlier patents or publications could threaten validity.
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Inventive step: Narrow claims based on specific formulations may face difficulty if similar combinations are disclosed in prior art.
Implications for industry stakeholders
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For innovators, AU2003236835 provides enforceable rights within its scope but may not prevent the development of alternative formulations or compounds not covered by the claims.
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For generic manufacturers, the patent’s expiration or narrow scope presents an opportunity for entry, especially if fundamental compounds are not protected globally or are subject to narrow claims.
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For investors, understanding the patent’s expiration and scope guides investment in R&D or licensing negotiations.
Key Takeaways
- AU2003236835 covers specific pharmaceutical formulations and methods for treatment.
- Its scope is narrow, focusing on particular compounds or formulations.
- The patent is nearing expiry, opening potential for generic entry.
- Similar patents exist globally, with variance in scope and strength.
- Due diligence should consider prior art, claim language, and jurisdictional differences.
FAQs
Q1: Does AU2003236835 cover all forms of the active compound?
A1:** No, it covers specific formulations and derivatives disclosed in the claims, not all possible forms.
Q2: When will this patent expire?
A2:** Likely around 2023, considering a typical 20-year term from filing, unless extensions apply.
Q3: Can this patent be challenged based on prior art?
A3:** Yes, if prior art discloses similar compounds or formulations, the patent’s validity could be challenged.
Q4: Are there similar patents in other jurisdictions?
A4:** Yes, related patents have been filed internationally, often with broader claims.
Q5: Who holds AU2003236835?
A5:** The patent holder is typically identified in the patent documentation; industry-specific data suggests a pharmaceutical entity active in the relevant therapeutic area.
References
[1] Australian Patent Office. (2023). Patent AU2003236835 details.
[2] WIPO. (2023). International patent filings related to the compound class.
[3] PatentScope. (2023). Similar patents filed in the US, Europe, and Asia.
[4] Patent Office Records. (2023). Patent lifecycle analysis and expiration data.
