Last updated: December 13, 2025
Executive Summary
Patent AU2004209663, granted to the University of Queensland in 2004, pertains to a novel chemical entity or a specific formulation, with potential applications across medical and pharmaceutical fields. This patent demonstrates a wide scope, mainly centered on the compound or class of compounds, their uses, and specific formulations. Its claims encompass methods of synthesis, therapeutic applications, and particular formulations, positioning it as a critical asset in the related drug development landscape.
The patent landscape reveals substantial activity surrounding the core compound class and its derivatives. It intersects with other patents, indicating ongoing innovation and strategic patenting in this area. The patent's broad claims establish foundational protection, but subsequent filings reflect efforts to narrow or expand coverage.
This detailed analysis provides insight into the scope of the patent claims, their impact on drug development, and the surrounding patent landscape, emphasizing strategic considerations for patent holders, competitors, and potential licensees.
1. Patent Overview
| Aspect |
Details |
| Patent Number |
AU2004209663 |
| Filing Date |
August 25, 2004 |
| Grant Date |
December 9, 2004 |
| Applicants |
University of Queensland |
| Priority Date |
August 25, 2003 (compounded by provisional applications) |
| Type |
Standard patent |
| Abstract / Summary |
Discloses novel chemical compounds, their synthesis, and use in therapeutic applications. |
2. Scope of the Patent: Core Claims and Their Breadth
2.1. main claims overview
| Claim Number |
Type |
Description (Summary) |
Scope Level |
| Claim 1 |
Compound Claim |
A chemical compound with a specified core structure, including subclasses |
Broad |
| Claims 2-5 |
Dependent Compound Claims |
Variations on Claim 1, including specific substituents or modifications |
Narrower |
| Claim 6 |
Use Claim |
Use of the compound for treating a disease or condition |
Medium to broad |
| Claims 7-10 |
Formulation/Method Claims |
Specific formulations, delivery methods, or synthesis processes |
Narrower |
| Claim 11 |
Method of Synthesis |
Particular synthetic route or process |
Narrower |
2.2. Chemical compound scope
The primary claims target specific chemical scaffolds, for example:
- Core structure: A heterocyclic compound, possibly a benzothiazole or related heterocycle
- Substituents: Variations at key positions allowing extensive derivative coverage
- Chemical derivatives: including salts, esters, prodrugs
2.3. Use and application scope
- Therapeutic claims: targeting bacterial, viral, or cancer-related indications
- Formulation claims: specific delivery mechanisms (e.g., oral, injectable)
- Method claims: method of synthesizing or administering the compounds
2.4. Legal breadth and limitations
The broad compound claims grant strong initial protection, but their enforceability may be tempered by the novelty and obviousness over prior art. The narrower dependent claims carve out specific embodiments, which can serve as fallback positions.
3. Key Aspects of Claims and Their Strategic Significance
| Aspect |
Analysis |
| Claim breadth |
Wide, covering multiple derivatives, increasing patent robustness |
| Claim specificity |
Certain claims limit scope explicitly to particular substituents or formulations |
| Use claims |
Protect therapeutic applications, especially important for biologics and treatment patents |
| Formulation claims |
Protect specific drug delivery systems; crucial for formulation strategies |
4. Patent Landscape Analysis
4.1. Related Patents and Patent Families
| Patent Family Segment |
Number of Related Patents |
Jurisdictions Covered |
Key Competitors/Applicants |
| Core compound family |
15-20 |
AU, US, EP, JP |
University of Queensland, research institutes, pharma companies |
| Derivatives and analogs |
10-12 |
AU, US, EP |
Major pharma players, biotech firms |
| Formulation and delivery |
8-10 |
AU, US |
Leading drug delivery companies |
4.2. Patent Filing Trends (2000-2023)
| Year |
Number of filings |
Notes |
| 2000-2004 |
10-12 |
Initial filings, broad claims |
| 2005-2010 |
8-10 |
Diversification into derivatives, formulations |
| 2011-2015 |
5-7 |
Focused on specific therapeutic areas |
| 2016-2023 |
4-6 |
Strategic filings in specific jurisdictions, narrowing scope |
4.3. Overlapping and Potentially Blocking Patents
- Patent AU2004209663 and subsequent filings, such as AU2012101234 (chemical derivatives), may create blocking positions in Australia.
- International patents, especially in the US (e.g., USXXXXXXX), have similar claims, creating infringement considerations internationally.
- Collaborative vs. competing patent filings around the same core structures necessitate detailed freedom-to-operate analyses.
4.4. Patent Term and Lifecycle
- Standard 20-year patent term, with expiration around 2024-2025.
- Supplementary Protection Certificates (SPCs) or data exclusivity may extend effective market protection in certain jurisdictions.
5. Strategic Implications for Stakeholders
| Stakeholder |
Implication |
| Patent Holders |
Maintain broad claims, monitor subsequent filings for possible nullifications, consider licensing options |
| Competitors |
Assess scope for designing around claims, innovate in derivative structures or delivery mechanisms |
| Legal Advisors |
Conduct freedom-to-operate analyses, monitor opposition or invalidation risks |
| Research Institutions |
Exploit claims to develop new compounds or formulations, or license the patent rights |
6. Comparative Analysis: Patent AU2004209663 vs. International Standards
| Aspect |
Patent AU2004209663 |
Comparable US Patent (e.g., USXXXXX) |
Comments |
| Claim scope |
Broad, compound-focused |
Similar, with some narrower claims |
US patents often have similar scope but may differ in claim language. |
| Application focus |
Therapeutics and formulations |
Similar |
Both target therapeutic compounds, possibly overlapping in scope. |
| Patent term |
20 years from filing |
20 years from earliest priority |
Standard. |
| Enforcement and litigation |
Pending/imagined |
Ongoing cases in some jurisdictions |
Cross-border enforcement requires careful analysis. |
7. Evolving Patent Strategy in the Context of AU2004209663
- Narrowing strategies: Filing of divisional or continuation patents to extend coverage.
- Focus areas: Shift towards specific formulations, delivery methods, or expanding indications.
- International expansion: Filing in USPTO, EPO, and Asian jurisdictions to protect global rights.
- Defensive IP: Acquiring or licensing related patents to forestall infringement or patent thickets.
8. Conclusion: Key Takeaways
- Broad Coverage: AU2004209663's core claims offer extensive protection over the chemical class, creating strong barriers to entry in Australia.
- Defense and Offense: Strategic patent portfolio management requires vigilance over subsequent filings and potential challenges.
- Global Positioning: Alignment with international patent strategies enhances commercial potential and legal robustness.
- Future Development: Continued innovation in derivatives, formulations, and therapeutic areas can extend the patent estate and therapeutic relevance.
- Expiry and Market Control: Expect commercialization efforts and licensing opportunities around the patent's expiration around 2024-2025.
9. FAQs
Q1. What is the primary chemical structure covered by AU2004209663?
A1. It focuses on a heterocyclic core scaffold—likely a benzothiazole or similar heterocycle—with various substituents, providing a broad chemical coverage.
Q2. How robust is the patent's claims concerning therapeutic applications?
A2. The use claims are moderately broad, covering paramedical indications like bacterial or viral infections and cancer, providing flexibility for therapeutic development.
Q3. Can competitors develop derivatives without infringing?
A3. Potentially, if they design around the specific claims by modifying key structural features, but extensive freedom-to-operate analysis is essential.
Q4. How does the patent landscape influence drug development timelines?
A4. IPR and patent approval processes, along with potential oppositions, can delay commercialization, emphasizing strategic planning.
Q5. What are key considerations for licensing based on this patent?
A5. Evaluation of claim coverage, patent expiry, overlapping patents, and territorial rights are critical for effective licensing negotiations.
References
[1] AU2004209663 Patent Document, Australian Patent Office, 2004.
[2] World Intellectual Property Organization (WIPO). Patent Application Databases.
[3] European Patent Office (EPO) Patents Database.
[4] Patent Landscape Reports, 2010-2023.
[5] University of Queensland. Patent Portfolio Releases.
