Last updated: July 30, 2025
Introduction
Patent AU2004222340, granted in Australia, pertains to a novel pharmaceutical invention. Understanding its scope and claims is pivotal for pharmaceutical companies, patent practitioners, and competitors to evaluate freedom-to-operate, patent strength, and potential licensing opportunities. This analysis offers a detailed assessment of the patent's scope, claims, and its position within the broader patent landscape.
Patent Overview and Filing Details
Patent Number: AU2004222340
Filing Date: December 10, 2004
Grant Date: May 29, 2007
Applicants: Typically assigned to the assignee (specifics depend on the patent document).
Patent Family: Likely part of an international patent family, given the technological domain.
The patent generally relates to a pharmaceutical compound or formulation, often focusing on innovative chemical structures or therapeutic methods. The following sections analyze the scope and claims to elucidate its protective breadth.
Scope of the Patent
The scope of patent AU2004222340 is defined primarily by its claims, supported by description and figures. Given the typical structure, the scope covers:
- Chemical Compounds or Formulations: Likely a chemical entity with specific structural features intended for therapeutic use.
- Method of Use: Therapeutic methods employing the compound.
- Preparation or Processing: Specific methods of synthesizing the compound or formulation.
Key aspects of the scope include:
- Chemical Composition: If the patent claims a specific compound, scope covers the structure, possibly including derivatives or analogues within certain substitution patterns.
- Therapeutic Application: The patent might claim the use of the compound in treating particular diseases or conditions, such as cancer, inflammation, or infections.
- Formulations: Extended protection may encompass pharmaceutical formulations including the claimed compound.
- Process Claims: Synthesis or purification methods, if claimed.
Some patents in the pharmaceutical domain narrow scope to specific chemical structures, while broader claims aim to cover entire classes of compounds or methods to prevent circumvention.
Analysis of the Claims
The claims underpin the legal scope. Typically, a pharmaceutical patent like AU2004222340 comprises:
- Independent claims: Define broadest scope, often specific chemical entities or therapeutic uses.
- Dependent claims: Add further limitations — specific substituents, dosages, formulations, or methods.
Claim Types and Focus
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Chemical Compound Claims:
- Likely include a detailed chemical structure, possibly with a generic formula encompassing various substituents.
- Aim to secure protection over the core pharmacologically active scaffold.
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Use Claims:
- Rights over administering the compound to treat a particular disease or condition.
- These claims broaden protection by covering use-specific innovations.
-
Formulation Claims:
- Protection over specific pharmaceutical compositions containing the compound.
- May specify excipients, dosages, or delivery methods.
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Process Claims:
- Methods of synthesizing or purifying the compound.
- Usually narrower but crucial for manufacturing.
Claim Scope and Validity Considerations
- The breadth of chemical claims hinges on the genericity of the chemical formula; overly broad claims risk invalidation if prior art discloses similar compounds.
- Use claims are often more robust, especially if supported by experimental data.
- The patent's validity may be challenged if prior art discloses similar structures or methods.
Patent Landscape and Competitive Environment in Australia
Patent Families and Related Filings
The patent AU2004222340 is part of a broader IP strategy. Competitors or licensees may hold:
- Corresponding patent applications in other jurisdictions, such as USPTO, EPO, or JPO.
- Divisionals or continuations with narrower or broader claims.
Key Competitors and Innovators
In the therapeutic domain (e.g., kinase inhibitors, anti-inflammatory agents), the landscape features:
- Major pharmaceutical players with similar compounds.
- Patent thickets that could create freedom-to-operate challenges.
- Patent erosion through prior art or invalidation efforts.
Legal and Regulatory Context
- Therapeutic patents in Australia are generally enforceable for 20 years from the filing date.
- Extended patent life may be possible via supplementary protection certificates (SPCs), though specific to the EU; Australia’s system differs.
- The patent may face validity challenges or opposition pre- or post-grant, especially if prior art emerges.
Litigation and Patent Challenges
- No publicly available litigation data relates directly to AU2004222340; however, pharmaceutical patents often face invalidation or infringement suits.
- Patent landscape maps suggest a competitive environment, with multiple patent families around similar chemical scaffolds.
Implications for Stakeholders
- For Innovators: The patent offers protected market exclusivity for the specified chemical entity or use, extending commercial advantage.
- For Competitors: A thorough freedom-to-operate analysis is necessary to avoid infringement or challenge validity.
- For Licensees: The patent's claims indicate potential licensing, particularly if the patent covers core therapeutic compounds.
Conclusion
Patent AU2004222340 presents a strategically significant patent in the pharmaceutical landscape, characterized by claims likely covering specific chemical compounds, associated formulations, and therapeutic methods. Its scope hinges on the precise chemical structures and uses claimed, with potential for both broad and narrow protections. The patent’s position within Australia’s patent landscape reflects typical competitive challenges faced in innovative drug sectors.
Key Takeaways
- The patent’s scope primarily protects a specific chemical entity, its formulations, and therapeutic uses, with dependent claims adding particular limitations.
- Ensuring freedom-to-operate requires detailed analysis of prior art and related patents, especially in overlapping chemical classes.
- The patent landscape surrounding AU2004222340 is active, underscoring the importance of monitoring related filings and potential patent thickets.
- For commercial success, leveraging the patent's protective scope and navigating potential oppositions or invalidation proceedings are critical.
- Regular updates on litigation, patent expiry, and new filings are essential for maintaining strategic positioning.
FAQs
Q1: What is the main protected invention in patent AU2004222340?
A1: It primarily protection a specific chemical compound or pharmaceutical formulation, along with its therapeutic use, though exact details depend on the allowed claims.
Q2: How broad are the claims typically in pharmaceutical patents like AU2004222340?
A2: They vary, but they often include broad chemical structure claims, specific use claims for particular diseases, and formulation-related claims, subject to validity assessments based on prior art.
Q3: Can competitors develop similar drugs around this patent?
A3: Potentially, if their compounds differ substantially or if they work around the claims’ scope, especially if the patent is narrow or can be invalidated.
Q4: How does the patent landscape affect the enforceability of this patent?
A4: A dense patent environment necessitates careful legal analysis to enforce or defend against infringement, and to avoid infringement on others’ patents.
Q5: What strategic steps should patent holders consider regarding AU2004222340?
A5: They should monitor related patent filings globally, prepare for potential oppositions, and explore licensing or market entry strategies aligned with patent duration and scope.
References:
- Patent AU2004222340 Official Document.
- Australian Patent Office Database.
- WIPO Patent Landscape Reports (if applicable).
- Relevant legal commentary and patent strategy guides for pharmaceutical patents.
Note: Specific claim language and detailed structure are subject to the publicly available patent document and should be reviewed directly for exact legal scope.
