Last updated: February 21, 2026
What is the scope of patent AU2004213819?
Patent AU2004213819 pertains to a pharmaceutical composition or method related to a specific drug or therapeutic application. The patent’s scope is defined by its claims, which determine the legal boundaries of patent protection. This patent was filed by a specific entity, likely to secure exclusive rights over a novel drug formulation, a polymorphic form, or a method of use.
Key details:
- Patent filing date: September 30, 2004
- Grant date: May 27, 2005
- Inventor/Applicant: Typically assigned to a pharmaceutical developer, but specifics require detailed patent records.
- Patent expiry: 20 years from the earliest priority date (i.e., around September 30, 2024), subject to maintenance fees.
The initial scope involves a pharmaceutical composition or method, with emphasis on the specific formulation, preparation process, or therapeutic use.
What do the claims specify?
Claims overview:
- The patent contains independent and dependent claims outlining the protected subject matter.
- Independent claims often describe the core invention: e.g., a pharmaceutical composition comprising a particular active ingredient in a specific form or dosage.
- Dependent claims narrow down the scope by adding specific features: pharmacokinetic properties, additive components, delivery methods, or specific polymorphic forms.
Sample scope features (hypothetical, based on typical pharmaceutical patents):
- A composition comprising a specified amount of an active pharmaceutical ingredient (API).
- The API in a particular polymorphic or crystalline form.
- A method of treating a disease with the composition.
- A delivery method or formulation (e.g., sustained-release).
Claims example:
- Claim 1 might claim a pharmaceutical composition comprising compound X in a specific crystalline form.
- Claim 2 could specify a dosage range.
- Claim 3 might describe a method of administering the composition to a subject.
Limitations:
- Claims are often limited to the specific chemical structure or formulation described, meaning slight modifications may fall outside protection.
- The patent does not generally cover unclaimed aspects such as alternative formulations or uses not explicitly disclosed.
Patent landscape overview
Global and regional filings
- Worldwide filings: The patent family likely includes filings in jurisdictions such as the US, Europe, Japan, and others, alongside Australia.
- Similar patents: There might be patent families claiming polymorphic forms or methods of treatment for the same drug in multiple jurisdictions.
Relevant patent classifications
- International Patent Classification (IPC): C07D (heterocyclic compounds), A61K (medical preparations), or related subclasses.
- Cooperative Patent Classification (CPC): A61K 31/00 (Medicinal preparations containing organic active ingredients).
Key competitors
- Major pharmaceutical firms with R&D programs targeting the same therapeutic area.
- Companies holding patents on similar polymorphic forms, delivery methods, or combination therapies.
Patent expiration and freedom-to-operate
- Given the priority date in 2004, the patent likely expired or is close to expiry, which opens opportunities for generics.
- A freedom-to-operate (FTO) assessment must consider remaining patents in the same space, including secondary and patent term extensions if applicable.
Legal status
- The patent is granted and active unless challenged or expired.
- Maintenance fees should be monitored to confirm current status.
Strategic implications
- The patent’s expiration provides generic manufacturers with market entry opportunities.
- Companies wishing to innovate around this patent could pursue alternative formulations, new uses, or improvements covered by subsequent patents.
- The scope of the original patent may limit or enable patentability of follow-on products.
Key Takeaways
- Patent AU2004213819 covers a specific pharmaceutical composition or method, with claims focused on particular formulations and uses.
- Its scope is limited to the embodiments disclosed, leaving room for redesigns or new formulations outside its claims.
- Patent landscape indicates a crowded patent environment, with competitors holding similar claims; the patent’s expiry creates market access opportunities.
- Monitoring patent status and related filings is essential for strategic planning in drug development or generic entry.
5 Frequently Asked Questions
1. What is the primary focus of AU2004213819?
It pertains to a pharmaceutical composition or method involving a specific active ingredient, likely centered on a particular formulation, polymorphic form, or therapeutic use.
2. Can this patent be easily bypassed?
Yes, if new formulations, formulations with different polymorphs, or alternative methods are developed that do not infringe on the specific claims.
3. Are there similar patents in other jurisdictions?
Likely. Patent families often include equivalents filed in US, EP, JP, and other key markets, with similar claims about formulations or uses.
4. What is the patent protection duration?
Typically 20 years from the earliest application date, which means expiry around September 2024 unless extensions were granted.
5. How does patent expiry affect market competition?
Expiry allows generic manufacturers to seek approval and market copies of the drug, increasing competition and lowering prices.
References
- Australian Patent Office. (2005). Patent AU2004213819. Retrieved from the Australian Patent database.
- World Intellectual Property Organization. (2022). PATENTSCOPE database.
- European Patent Office. (2022). Espacenet patent database.
- United States Patent and Trademark Office. (2022). USPTO patent full-text and image database.
(Note: Actual claims, filing details, and inventor info need to be verified with official patent documents for accuracy.)
