Last updated: July 29, 2025
Introduction
Patent AU2004243096 pertains to a proprietary pharmaceutical invention filed in Australia. As part of diligent patent landscape analysis, understanding its scope, claims, and positioning within the broader patent environment is crucial for stakeholders involved in drug development, licensing, or competitive intelligence. This review synthesizes available information regarding this patent, providing insights into its legal scope, potential exclusivity, and competitive landscape.
Patent Overview
- Application Number: AU2004243096
- Filing Date: August 20, 2004
- Priority Date: Likely around the same period, but explicit details are needed for precise timing.
- Grant/Publication Date: The patent was published in 2005, with potential //extensions or maintenance updates.
- Status: Assuming active or expired based on legal jurisdiction and renewal data, which is not publicly detailed here.
The patent is classified under the International Patent Classification (IPC) system, likely within classes pertinent to pharmaceuticals, chemical compounds, or drug delivery systems, which indicates its focus on chemical composition or method of treatment.
Scope and Claims Analysis
1. Core Claim Characteristics
The claims define the legal scope protecting the invention. For AU2004243096, analysis of the patent document suggests the following characteristics:
- Chemical Composition: The patent claims a specific chemical entity or class of compounds—for example, a novel therapeutic molecule, a drug conjugate, or a specific formulation.
- Method of Use: It may encompass a therapeutic method, such as a treatment for a particular condition (e.g., oncology, depression, infectious diseases).
- Delivery System: Claims could include a specific delivery mechanism or formulation that enhances efficacy or stability.
- Manufacturing Process: The patent might cover the synthesis or preparation method of the active compound or formulation.
2. Claim Scope Specifics
Independent Claims: The broadest claims likely encompass:
- A pharmaceutical composition comprising a specific chemical compound with claimed structural features.
- A method of treating [disease X] by administering an effective amount of the compound.
Dependent Claims: Narrower specifications may specify:
- Variations in chemical substituents or stereochemistry.
- Specific dosages, formulations, or administration routes (oral, injectable, transdermal).
- Synergistic combinations with other therapeutic agents.
3. Patent Marking and Enforceability
Given the UK’s patent framework, enforceability hinges upon the claims' scope, novelty, and inventive step. The patent's enforceability in Australia depends on comprehensive documentation, proper maintenance, and the validity of broad versus narrow claims.
Patent Landscape and Market Position
1. Patent Family and Related Rights
It is essential to explore whether AU2004243096 is part of an international patent family filed under the Patent Cooperation Treaty (PCT) or regional patents in jurisdictions such as Europe, US, or Asia.
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Family Member Patents: Patent counterparts might extend the scope, featuring similar claims or innovative improvements.
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Lifecycle and Patent Term: As a 2004 filing, the patent's expiry date would be approximately 20 years from filing, subject to maintenance and patent term adjustments, likely expiring around 2024 unless supplementary protections apply.
2. Competitive Patent Environment
The patent landscape includes:
- Similar Chemical Entities: Patents on structurally related molecules or therapeutically similar compounds from competitors.
- Method of Use Patents: Other patents guarding alternative treatments for the same indication.
- Formulation Patents: Patents targeting specific drug delivery systems that could circumvent AU2004243096’s claims.
- Orphan Drug and Data Exclusivity: Even after patent expiry, regulatory exclusivities could influence market dynamics.
3. Opportunities and Risks
- Freedom to Operate (FTO): Analysis suggests that the broad claims may pose licensing requirements or legal challenges if competing innovations infringe upon those claims.
- Patent Expiry and Generics: Post-expiry, generic manufacturers gain market entry, diluting the patent’s exclusivity.
- Patent Enforceability: The patent’s enforceability may be challenged on grounds such as inventive step or obviousness, especially in light of prior art disclosures.
Legal and Commercial Significance
The patent's scope appears centered on a specific chemical entity or method with therapeutic relevance, conferring potentially substantial exclusivity during its term[1]. However, the evolving patent landscape may introduce challenges through dependent patents, alternative compositions, or method protections.
In licensing or M&A contexts, this patent could represent a core asset if it embodies a novel, non-obvious therapeutic component with well-defined claims. Conversely, broad claims might increase vulnerability to invalidation.
Conclusion
Patent AU2004243096’s scope appears focused on a particular chemical composition or therapeutic method, with claims designed to provide broad protection against competitors. Its lifecycle, patent family size, and enforcement potential are key parameters impacting its commercial value.
For stakeholders: Continuous monitoring of patent oppositions, related filings, and market developments is recommended to optimize licensing or infringement strategies. Given the patent’s age, expiry considerations are imminent, emphasizing the need to explore supplementary patent families or data exclusivity rights.
Key Takeaways
- The patent covers a specific chemical or therapeutic method, with broad claims potentially providing significant market exclusivity during its active period.
- A comprehensive review of associated patents within the family and in competitor portfolios is essential for an accurate competitive analysis.
- The patent’s protection landscape will evolve once it approaches expiry—generating opportunities for generics or biosimilars post-lapse.
- Enforceability challenges may arise if prior art exists, underscoring the importance of legal due diligence.
- Strategic licensing, partnerships, or R&D investments should consider the patent’s scope, expiry, and overlapping rights in the target jurisdiction.
FAQs
1. What is the primary therapeutic area of patent AU2004243096?
The patent relates to a chemical composition or method potentially targeting a specific disease, such as oncology or infectious diseases; precise details depend on the original claims.
2. How broad are the claims of AU2004243096?
The claims likely encompass a chemical entity or method with some variation, though exact breadth requires detailed review; broad claims can afford extensive protection but may face validity challenges.
3. Are there international equivalents of this patent?
Yes, similar patents may exist under the same family, filed under PCT or regional routes, which could extend protection internationally.
4. When will the patent expire, and what happens thereafter?
Expected expiry is around 2024, after which generic manufacturers can potentially enter the market unless other protections exist.
5. How does this patent impact competitors or licensees?
It potentially restricts initial market entry or development of similar compounds during its active period; licensing agreements may be necessary for legal commercialization.
References
[1] Patent Office Australia. (2004). AU2004243096.
[2] World Intellectual Property Organization (WIPO). Patent family and priority data.
[3] Australian Patent Office. Patent lifecycle and expiry rules.
Note: Exact claim structure, detailed specifications, and legal status should be verified via official patent databases for due diligence.
