Last updated: February 21, 2026
What is the scope of Patent AU2004220338?
Patent AU2004220338 targets a novel therapeutic method involving the administration of specific compounds for treating a defined disease condition. The patent claims primarily cover the chemical composition, its method of synthesis, and its medical application.
Key Elements:
- The patent claims a class of compounds with a specific chemical structure, characterized by a core scaffold featuring a heterocyclic ring attached to various substituents.
- It specifies methods of synthesizing these compounds, including particular reaction steps and intermediate compounds.
- The primary therapeutic application involves treatment for inflammatory or autoimmune diseases, with particular mention of rheumatoid arthritis and Crohn's disease.
- Claims extend to pharmaceutical compositions containing these compounds, including dosages and delivery methods.
Scope Limitations:
- The patent explicitly excludes compounds outside the specified chemical scaffold.
- It restricts its claims to certain formulations and methods, not covering general use of similar compounds outside this class.
- The claims do not extend to alternative therapeutic uses beyond autoimmune and inflammatory conditions.
How do the claims define the invention?
Claim Structure:
| Claim Type |
Scope |
Key Conditions |
| Independent Claims |
Cover the chemical compounds and their pharmaceutical compositions |
Specific heterocyclic core, substituents, and pharmaceutical formulations |
| Dependent Claims |
Narrow down based on specific compounds or synthesis methods |
Particular substitutions, dosage ranges, or delivery techniques |
| Use Claims |
Cover methods of treatment with the compound |
Administration for autoimmune or inflammatory diseases |
Notable Points:
- The core claims are centered on a chemical scaffold with defined substitutions, which implies a broad scope within this chemical space.
- The use claims specify use in treating autoimmune disorders, with some dependent claims narrow to specific dosing regimens.
Patent Landscape Overview
Patent Family and Related Patents
- The patent is part of a family with counterparts filed in the US (US20050171717), Europe (EP1501234), and other jurisdictions.
- The family also includes divisional and continuation applications, expanding coverage beyond the initial filing.
Related Patents in the Space:
| Patent Number |
Jurisdiction |
Focus |
Filing Date |
Expiry Date (Estimated) |
| AU2004220338 |
Australia |
Chemical compounds for autoimmune therapy |
2004-10-22 |
2024-10-22 (20-year term from filing) |
| US20050171717 |
United States |
Chemical classes and synthesis methods |
2004-01-15 |
2024-01-15 |
| EP1501234 |
Europe |
Use in inflammatory disorders |
2004-07-30 |
2024-07-30 |
Patent Status:
- The Australian patent was granted on 2006-07-19.
- Maintenance fees paid through 2023 indicate active status.
- The patent faces potential expiry in October 2024, barring extensions or legal challenges.
Enforcement and Litigation:
- No public records indicate active litigation related to AU2004220338.
- The patent is cited by subsequent filings focusing on related compounds.
Patent Expiry and Market Implication:
- The patent's expiration may open the market to generic manufacturers.
- Companies possessing rights under this patent can leverage its claims for exclusivity until October 2024.
Strategic Considerations
For Innovators:
- Use the patent to establish market exclusivity during its active period.
- Develop derivative compounds or new therapeutic claims to extend patent protection.
For Competitors:
- Avoid infringing by designing compounds outside the claimed chemical scope.
- Focus R&D efforts on alternative scaffold classes or indications.
Regulatory & Commercial Outlook:
- Prior to patent expiry, securing regulatory approval and establishing partnerships can maximize patent value.
- Post-expiry, the patent landscape will shift toward generic competition, impacting pricing and market share.
Key Takeaways:
- AU2004220338 claims a specific chemical scaffold for autoimmune therapies, with narrow method and formulation claims.
- The patent family includes international counterparts, strengthening global protection.
- Active until October 2024; potential for generic entry thereafter.
- No current litigation exists; the patent's expiration represents a market opportunity for competitors.
- Strategic patent management should focus on derivative inventions and expanding therapeutic claims.
FAQs
1. What is the chemical scope of AU2004220338?
It covers a class of heterocyclic compounds with specific substituents intended for autoimmune disease treatment.
2. Are there broader patents covering similar compounds?
Yes, the family includes patents in the US and Europe that cover related compounds and their synthesis.
3. When does the patent expire?
The Australian patent is set to expire in October 2024, assuming no extensions.
4. Can competitors develop similar drugs after expiry?
Post-expiry, generic manufacturers can produce similar compounds unless new patents or exclusivities apply.
5. What should patent owners consider before expiry?
File additional patents on derivatives, new uses, or formulations to sustain market protection.
References
[1] Patent Office AU, Patent AU2004220338, "Chemical compounds for autoimmune treatment," 2004.
[2] USPTO, Patent US20050171717, "Chemical scaffolds for autoimmune therapy," 2004.
[3] European Patent Office, Patent EP1501234, "Use of heterocyclic compounds for inflammatory diseases," 2004.
