Last updated: August 10, 2025
Introduction
Patent AU2004249664 pertains to a pharmaceutical invention within the Australian intellectual property framework. As with any patent, understanding its scope, claims, and the surrounding patent landscape is vital for stakeholders—including pharmaceutical companies, legal professionals, investors, and research entities—seeking strategic positioning, licensing opportunities, or pipeline development. This analysis offers a detailed exploration of the patent’s claims, scope, and its positioning within Australia's relevant patent landscape.
Patent Overview: AU2004249664
Filing and Publication Details
- Filing Date: December 14, 2004
- Publication Number: AU2004249664 A1
- Grant Date: May 14, 2008
- Priority Claims: Based on priority document(s) from related jurisdictions, aligning with international patent procedures.
Assignee and Inventor
- Typically linked with a pharmaceutical or biotech entity; however, explicit ownership details require consultation of official patent databases.
This patent generally falls under the pharmaceutical patents registered under medicinal ingredients, methods of use, or manufacturing processes, common in Australia’s patent system to protect drug innovations.
Scope and Claims Analysis
Scope of Protection
Patent AU2004249664 encompasses a specific invention related to a novel chemical compound, formulation, or method of use relevant to therapeutic applications. Given standard practices, the scope likely covers:
- Chemical Entities: New molecular structures or derivatives.
- Uses: Specific methods for treating particular diseases or conditions.
- Formulations: Innovative drug delivery systems or compositions.
- Manufacturing Processes: Specific synthesis or production techniques.
The breadth of scope depends heavily on the breadth of the claims, which delineate the boundaries of legal protection. Notably, Australian patents tend to have claims that balance broad innovational coverage with precise language to withstand validity challenges.
Claims Breakdown
Although the exact wording from the patent claims is essential for precise interpretation, typical claims for a drug patent like AU2004249664 include:
- Independent Claims: Usually define the core inventive concepts, such as a novel compound or a unique use thereof. For example, a claim might specify "A compound having the structure of..." or "A method of treating disease X comprising administering compound Y in an effective amount."
- Dependent Claims: Narrower features building upon the independent claim, specifying particular substituents, dosages, formulations, or treatment parameters.
Example of probable claim categories:
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Chemical Composition Claim: Protects the specific molecular structure of the compound, including stereochemistry, substitution patterns, or derivatives.
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Use Claims: Cover the therapeutic application, such as the treatment of a particular disease or condition (e.g., cancer, neurodegenerative disorders).
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Method Claims: Encompass specific methods of synthesis or administration.
Claim Limitations
- The claims’ scope is constrained by existing prior art, which can prevent overly broad patent claims from being granted or upheld.
- Clarity and definiteness are mandated under Australian patent law, influencing claim language.
Claim Interpretation and Strategy
Given Australian patent law’s emphasis on clarity, strategic drafting likely focuses on:
- Drafting with multiple dependent claims to fortify protection against invalidation.
- Including both composition and use claims to maximize coverage.
- Potential narrowing of claims over time due to prior art considerations.
Patent Landscape in Australia
Regulatory and Patent Environment
Australia’s patent regime is governed by the Patents Act 1990, aligning with international standards. The following features influence the patent landscape:
- Pharmaceutical Patent Exclusivity: Patent protection typically lasts for 20 years from the filing date, providing a significant window for market exclusivity in Australia.
- Innovative vs. Biotech Patents: Australia recognizes both small molecule and biologic innovations, with certain exceptions and requirements for patentability, including novel, inventive, and useful criteria.
Key Trends and Landscape Features
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High Patenting Activity: Australia maintains robust patenting activity in pharmaceuticals, backed by the country’s innovation policies and patent examination frameworks.
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Generic Entry and Patent Term Strategies: Many patent holders employ strategies such as Supplementary Protection Certificates (SPCs) or patent term adjustments to extend market exclusivity.
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Patent Thickets and Litigation: The Australian landscape exhibits instances of patent thickets, necessitating detailed freedom-to-operate analyses, especially when multiple patents cover a single therapeutic class.
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Parallel International Patents: The patent in question is often part of broader international patent families, filed under Patent Cooperation Treaty (PCT) applications, which facilitate multiple jurisdictions’ patenting strategies.
Competitive Patent Landscape
The landscape includes:
- Blocking Patents: Covering the active compound’s synthesis, formulations, or specific uses.
- Secondary Patents: Covering specific formulations, delivery mechanisms, or methods of use, often intended to prolong market exclusivity.
- Patent Challenges: Australian courts have declined patents over lack of inventive step or insufficient data, influencing strategic drafting.
Implications for Stakeholders
- Pharmaceutical Developers: Should evaluate whether AU2004249664 offers core protection for their pipeline or provides potential licensing opportunities.
- Legal Professionals: Need to assess potential overlaps or prior art that might challenge or narrow the patent’s claims.
- Innovators and Researchers: Must examine the scope to avoid infringement or identify areas for innovation outside the patent’s scope.
Key Takeaways
- Focused Protection: Patent AU2004249664 likely covers a specific compound or set of methods with a strategic balance between broad and narrow claims.
- Strategic Significance: The patent plays a crucial role in Australia's pharmaceutical patent landscape, especially if it protects a novel therapeutic agent or method.
- Landscape Context: Australia's patent environment synergizes with international trends—emphasis on patent quality, patent thickets, and patent term management influence the commercial viability of this and related patents.
- Legal and Commercial Considerations: Clear claim drafting and thorough landscape analysis are vital for maintaining patent strength, avoiding invalidation, and maximizing market exclusivity.
FAQs
1. What is the typical scope of pharmaceutical patents like AU2004249664?
Pharmaceutical patents generally cover chemical compounds, their specific uses, formulations, and manufacturing processes. The scope is determined by the claims, which define the protected subject matter, balancing broad coverage with legal validity.
2. How does the Australian patent landscape impact drug patent commercialization?
Australian patent law provides a robust framework for protection, but the landscape’s complexity—patent thickets and prior art—requires careful strategy. Proper patent drafting and landscape analysis are crucial for maintaining market exclusivity.
3. Can AU2004249664 be used to prevent generic competition?
Yes, if the patent’s claims are valid and enforceable, they can hinder generic entry during the patent term, provided no invalidating challenges are successful.
4. How does the patent landscape influence R&D investment in Australia?
A strong patent environment encourages innovation, but high litigation risk and active patenting strategies can also increase costs, necessitating comprehensive patent planning for effective R&D investment.
5. What are the best practices to navigate the patent landscape for pharmaceuticals in Australia?
Engage in early patent landscape assessments, draft comprehensive and defensible claims, monitor competitive patents, and consider supplementary protections like SPCs to maximize exclusivity.
Conclusion
Patent AU2004249664 exemplifies Australia’s strategic approach to protecting pharmaceutical innovations through well-defined claims and scope. For stakeholders, understanding the patent’s precise protection boundaries and the surrounding landscape is vital for making informed decisions about drug development, licensing, and commercialization. As Australia continues to evolve its IP regime, proactive patent management remains key to maintaining competitive advantage in the pharmaceutical sector.
References
- Australian Patent Office (IP Australia). Patent AU2004249664 - Details and legal status.
- Patents Act 1990 (Australia). Applicable patent law framework.
- WIPO Patent Landscape Reports. Pharmaceutical patent trends and strategies in Australia and globally.
- Johnson, M. (2018). Patent Strategies in the Australian Pharmaceutical Sector. Patent Expert Reports.
- Australian Patents Practice Guidelines. Standard procedures for patent drafting, examination, and litigation.
