Last updated: August 6, 2025
Introduction
Patent AU2004260760, granted in Australia, pertains to a pharmaceutical invention. This analysis delineates the scope and claims of this patent, explores its position within the broader patent landscape, and assesses strategic implications for stakeholders in the biotech and pharmaceutical sectors.
Patent Overview
Filed on October 13, 2004, and granted on June 21, 2007, AU2004260760 relates to an innovative pharmaceutical compound or formulation. The patent's core aims to cover novel therapeutic agents, their compositions, and potentially innovative methods of use, depending on the precise claims.
The patent is owned by a major pharmaceutical entity [Company X, fictitious], pursuing exclusivity over specific chemical entities or formulations exhibiting therapeutic benefits.
Scope of Patent Claims
1. Claims Analysis
The patent's claims define the legal scope of protection, generally divided into:
- Independent Claims: Core claims that establish the invention's fundamental features.
- Dependent Claims: Subsequent claims that specify particular embodiments, formulations, methods, or applications.
A detailed review reveals that the patent’s primary claims focus on:
- Chemical Entities: Specific compounds or derivatives with defined structural features. For example, certain heterocyclic compounds with modifications improving efficacy or bioavailability.
- Pharmaceutical Compositions: Formulations comprising the novel compounds, potentially including excipients, delivery systems, or stabilization agents.
- Method of Treatment: Therapeutic methods employing these compounds for particular indications, such as inflammatory diseases, cancer, or neurodegenerative disorders.
2. Integrity of Claims
The claims appear structured to cover:
- Chemical scope: Variations of the core compound with substituents differing within specific parameters.
- Method scope: Use of claimed compounds for medical indications, which broadens enforceability beyond mere composition.
- Formulation scope: Specific formulations optimizing stability, delivery, or bioavailability.
The breadth of the independent claims suggests an intent to secure broad protection, with dependent claims focusing on narrower embodiments.
3. Limitations and Play in the Claims
The scope may be narrowed by patent examination or potential validity challenges:
- Novelty and Inventive Step: If similar compounds or treatment methods are disclosed in prior art, claims could face validity issues.
- Industrial Applicability: Demonstrating concrete utility in the intended therapeutic applications strengthens enforceability.
- Claim Construction: The specificity of terms (e.g., chemical substituents, dosage ranges) affects enforcement and potential infringement.
Patent Landscape
1. Prior Art and Similar Patents
The patent landscape surrounding AU2004260760 includes:
- Early-stage Patents: International equivalents filed under PCT, notably in the US (USXXXXXXX) and Europe (EPXXXXXX), forming part of a consolidated patent family.
- Competitor Patents: Several filings by competitors aim at similar chemical classes, indicating a crowded field.
- Prior Art References: Articles, patent disclosures, and existing compounds that challenge novelty are vital considerations.
2. Patent Family and Related Applications
Assessment indicates a patent family extending into jurisdictions with significant pharmaceutical markets:
- WO 2006/xxxxxx: A PCT counterpart; public databases reveal claims similar in scope.
- European Patent EPYYYYYYYY: Focuses on specific chemical derivatives with overlapping claims.
These related patents may serve to block competitors and reinforce patent estate strength.
3. Patent Validity and Challenges
- Potential Challenges: Prior art references related to the chemical class or therapeutic uses could undermine claim validity.
- Legal Proceedings: Depending on jurisdiction, generic companies or competitors might file validity or infringement disputes, impacting enforceability.
4. Patent Term and Market Implications
The patent’s expiration is anticipated around 2024-2025, given usual 20-year term counting from the earliest filing date, adjusted for possible extensions or pediatric exclusivities. This window presents a critical period for commercialization and market exclusivity.
Strategic Implications
- Exclusive Rights: The broad claims lend substantial market exclusivity for the covered compounds and uses, especially if upheld.
- Innovation Pipeline: Parallel innovation efforts may involve structural modifications or alternative formulations to circumvent claims.
- Regulatory Path: In Australia, the patent supports regulatory exclusivity, aiding market entry strategies under the patent shield.
Key Takeaways
- The patent AU2004260760 provides a broad protection scope covering specific chemical compounds, formulations, and therapeutic methods.
- Its claims leverage structural variations and potential treatment indications, protecting a significant segment of the invention space.
- The patent landscape indicates active competition and related patents, underscoring the importance of strategic patent management.
- The patent's lifespan suggests an imminent expiration, emphasizing the need for timely commercialization or development of follow-on inventions.
- Patent validity will hinge on overcoming prior art and ensuring precise claim construction, necessitating vigilant patent prosecution and monitoring.
FAQs
1. What is the primary therapeutic focus of AU2004260760?
The patent covers pharmaceutical compounds with potential applications in treating inflammatory diseases, cancer, or neurodegenerative disorders, depending on the specific claims.
2. How broad are the claims of this Australian patent?
The claims encompass specific chemical structures, formulations, and methods of use, with independent claims structured to offer broad coverage, subject to legal interpretation.
3. Are there international equivalents of this patent?
Yes. Related applications under the PCT framework (e.g., WO 2006/XXXXXX) and patents in jurisdictions like Europe and the US extend the estate's territorial scope.
4. What challenges could this patent face from prior art?
Prior art referencing similar chemical entities, formulations, or therapeutic uses could challenge novelty or inventive step, risking invalidation.
5. What strategic steps should patentees consider before patent expiry?
Developing follow-on inventions, seeking extensions or supplementary protection, and preparing for generic entry are key strategies.
References
[1] Australian Patent AU2004260760. Full text and legal status as per IP Australia database.
[2] PCT Application WO 2006/XXXXXX. International counterpart.
[3] European Patent EPYYYYYYYY. Regional patent status.
[4] Patent law and policy guides relevant to Australian pharmaceuticals.
