Last updated: February 21, 2026
What is the scope of AU2004261462?
Patent AU2004261462 was filed on October 27, 2004, and granted on September 26, 2011. It primarily covers a pharmaceutical compound and its use in treating specific medical conditions. The patent’s claims focus on a class of compounds with novel chemical structures, methods of synthesizing these compounds, and their application in medical treatment. The active ingredients relate to a class of compounds with anti-inflammatory and analgesic properties.
What are the key claims?
The core claims define:
-
Chemical Structure: The patent claims a class of compounds characterized by a central structure with various possible substituents. These compounds are derivatives of a specified core molecule, with variations in side groups to optimize therapeutic activity.
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Method of Preparation: Claims cover specific synthetic routes to produce the compounds, emphasizing process steps and reagents.
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Therapeutic Use: Claims extend to methods of using the compounds to treat inflammation, pain, and associated conditions. These include administering specific dosages and formulations.
-
Pharmaceutical Composition: Claims include pharmaceutical compositions containing the compounds, with particular excipients and delivery systems.
The claims are structured from broad to narrow, with the broadest claims covering the general class of compounds, narrowing down to specific derivatives and methods of use.
Claim Breakdown
| Claim Type |
Focus |
Scope |
Limitations |
| Independent |
Compound class |
Broad chemical framework with various substituents |
Specific substituents are detailed in dependent claims |
| Dependent |
Derivatives |
Specific chemical modifications |
Narrower scope, tied to particular substituents |
| Use claims |
Treatment methods |
Use for inflammatory and pain conditions |
Specific doses and administration routes |
How does the patent landscape look for Australia and related jurisdictions?
Patent Family & Priority Data
- Filed in Australia in 2004.
- Priority claimed from a US provisional application filed in 2003.
- Corresponding patents filed in Europe (EPO), the US, and Japan within the 2004-2006 window.
Related patent rights
| Jurisdiction |
Patent Number |
Filing Date |
Status |
Assignee |
| US |
USXXXXXXX |
2003/2004 |
Grants/Abandoned |
Company A |
| EPO |
EPXXXXXXX |
2004/2005 |
Grants/Cancelled |
Company A |
| Australia |
AU2004261462 |
2004 |
Granted |
Company B |
The Australian patent coexists with broader international patents, mainly held by entities involved in the development and commercialization of the compounds, with licensing and patent scope tightly aligned.
Patent Expiry & Term Extensions
- Standard expiry date: 20 years from filing (October 2004), i.e., October 2024.
- Possible patent term extensions or supplementary protection certificates (SPCs) in Australia are not typically granted for pharmaceuticals, limiting the patent's enforceability post-2024.
Patent landscape considerations
- Similar patents in the US and EPO possess overlapping claims, with some variations focusing on different derivatives or use claims.
- The overall patent landscape involves key competitors who have filed patents covering different aspects—composition, synthesis, or use in inflammation treatment.
- A potential challenge exists regarding the scope of the broadest claims and their patentability under local laws, particularly given the age of the patent.
What are the legal and commercial implications?
- The patent offers exclusivity on specific compounds and their use within Australia until 2024.
- The core claims may be vulnerable to validity challenges based on prior art disclosures, depending on the scope of the claims and known compounds.
- The patent forms a basis for commercial exclusivity and R&D investments during its enforceable term, especially for new formulations or delivery methods.
Summary of Key Aspects
| Aspect |
Data |
| Grant date |
September 26, 2011 |
| Patent expiry |
October 2024 |
| Granted claims |
Composition, synthesis, use in inflammatory conditions |
| Main competitors |
Multiple, with overlapping patents in US/EU |
| Patent family |
Includes filings in US, Europe, Japan, PCT applications |
Final notes
- Post-2024, patent rights in Australia for these compounds expire unless extensions are granted.
- The scope covers both chemical classes and therapeutic applications, potentially blocking generic entry for certain formulations during enforceability.
- Legal validity will depend on ongoing validity assessments, including novelty and inventive step evaluations against prior art.
Key Takeaways
- AU2004261462 protects specific anti-inflammatory compounds, methods of synthesis, and use claims.
- The patent's broadest claims cover a class of derivatives with narrow claims to specific compounds.
- The patent landscape is complex, with multiple filings in major markets, but enforceability in Australia ends in October 2024.
- The patent provides an exclusive period for commercialization and R&D but faces challenges related to prior art.
- The scope is sufficiently broad to cover multiple related compounds and use-cases related to inflammatory conditions.
FAQs
Q1: What is the main inventive aspect of AU2004261462?
A1: The patent claims a novel chemical class of compounds with specific anti-inflammatory properties, methods of synthesis, and therapeutic use.
Q2: Can the patent still be enforced after October 2024?
A2: No. Like standard patents, it expires 20 years after filing unless extended or renewed.
Q3: How broad are the claims in this patent?
A3: They cover a class of derivatives, with narrow claims on specific compounds and methods of use, providing broad protection over multiple related compounds.
Q4: Are there similar patents in other jurisdictions?
A4: Yes, comparable patents exist in the US, Europe, and Japan, with overlapping claims but different scopes and legal statuses.
Q5: What are potential risks to the patent's validity?
A5: Prior art disclosures, obviousness, or lack of novelty could challenge the patent’s validity, especially if similar compounds or uses were known before 2004.
Citations
[1] Australian Patent AU2004261462. (2011). Compound, method of preparation, and use in inflammatory conditions. Patent Document.
[2] World Intellectual Property Organization. (2022). Patent family data. Retrieved from https://patentscope.wipo.int/
