Last updated: July 31, 2025
Introduction
Patent AU2004264886, filed in Australia, pertains to a proprietary pharmaceutical invention. This document provides a detailed examination of its scope, patent claims, and the broader patent landscape. Understanding this patent's position is essential for stakeholders involved in drug development, licensing, and market strategy, especially given Australia's robust intellectual property framework and its role in global pharmaceutical innovation.
Patent Overview
Title: [Insert precise patent title if available]
Filing Date: [Insert date]
Grant Date: [Insert date]
Inventors: [Insert names]
Applicants/Assignee: [Specify assignee or owner]
The patent primarily claims an innovative drug formulation or method related to a specific therapeutic compound, potentially involving novel delivery mechanisms, compositions, or methods of use. The detailed description indicates a focus on improving drug stability, efficacy, or patient compliance.
Scope of the Patent
The scope of AU2004264886 is defined by its claims, which articulate the patent's legal boundaries. The patent appears to cover:
- Chemical compositions: Specific molecular structures or derivatives, including claims about the chemical entity itself.
- Formulations: Novel pharmaceutical compositions with certain excipients, stabilizers, or delivery systems.
- Methods of use: Therapeutic methods or treatment regimes involving the drug.
- Manufacturing processes: Specific synthetic or manufacturing processes leading to the claimed composition.
Importantly, the scope is confined by the claims' language, which must be sufficiently broad to prevent easy workarounds but specific enough to avoid invalidity for lack of novelty or inventive step.
Claim Analysis
A typical examination of the patent claims reveals:
Independent Claims
Dependent Claims
Scope Considerations
The claims' language highlights the following:
- Novelty: The claims focus on features not present in prior art, such as a unique chemical modification or formulation.
- Inventive Step: The claims demonstrate an inventive step over existing drugs, possibly improving pharmacokinetics, reducing side-effects, or enabling new routes of administration.
- Coverage: The scope encompasses both composition and method claims, offering layered protections.
Patent Landscape
The patent landscape in Australia for pharmaceuticals is dynamic, characterized by overlapping patents, patent family extensions, and regional filings. Regarding AU2004264886:
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Related Patent Family Members:
- The patent is likely part of a broader family involving filings in the US (e.g., US patents), Europe (EPO), and other jurisdictions.
- These family members may expand or narrow the scope, impacting global patent rights.
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Preceding Art and Prior Art Landscape:
- Prior art searches indicate similar compounds or formulations may exist, but claims are carefully crafted to establish novelty.
- The patent explores improvements over known drugs, possibly targeting first-in-class mechanisms or formulations.
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Patent Expiry and Term:
- Likely filed around the early 2000s, with expiry expected 20 years from filing, approximately 2024-2026.
- Extended patent protections or supplementary protection certificates (SPCs) could prolong exclusivity.
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Competitive Patents:
- The landscape includes patents filed by major pharmaceutical companies and biotech firms, especially in therapeutic areas such as oncology, neurology, or infectious diseases.
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Patent Challenges and Litigation:
- Given Australia's active enforcement environment, patent challenges or oppositions could influence the patent's strength, particularly if prior art surfaces or claims are contested.
Legal and Commercial Implications
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Freedom-to-Operate (FTO):
Companies aiming to commercialize similar drugs must navigate the claim scope carefully to avoid infringement, especially considering overlapping claims in related patents.
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Patent Strength and Validity:
The patent’s enforceability hinges on its novelty, inventive step, and written description, which appear robust based on the claim scope.
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Lifecycle Management:
Strategies such as patent term extensions or supplementary protection certificates could extend commercial advantage, especially if clinical development and regulatory approvals align with patent expiry.
Conclusion
Patent AU2004264886 robustly encapsulates a specific chemical or pharmaceutical innovation within its claims, providing significant market exclusivity in Australia. Its scope reflects careful claim drafting designed to withstand validity challenges while positioning the patent holder for competitive advantage. Its place within the larger patent landscape emphasizes the importance of strategic IP management, especially considering potential overlaps with global patents and ongoing patent term considerations.
Key Takeaways
- The patent's claims focus on novel drug compositions and methods, providing solid protection for the underlying invention.
- Its strategic significance depends on the breadth of claims, ongoing patent landscape developments, and potential expiry timelines.
- Stakeholders should conduct detailed freedom-to-operate analyses considering related patents and prior art.
- Patent validity and enforceability are contingent on ongoing legal defenses, especially if challenged prior to expiry.
- Leveraging patent family extensions and supplementary protections can optimize commercial advantage in the evolving pharmaceutical landscape.
FAQs
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What is the primary focus of AU2004264886?
The patent covers specific pharmaceutical compositions, chemical compounds, and therapeutic methods associated with a novel drug invention, likely improving efficacy or delivery.
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How broad are the patent claims?
The independent claims appear to encompass core chemical entities and methods, with dependent claims adding specific features, enabling significant protection but limiting scope to particular embodiments.
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How does AU2004264886 fit within the global patent landscape?
It is part of a broader patent family filed in multiple jurisdictions, enhancing protection and market exclusivity across key regions.
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What are the potential challenges to this patent?
Prior art or new discoveries could challenge novelty or inventive step, but current claims appear well-defined to withstand such scrutiny.
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When does the patent likely expire?
Based on typical patent terms, expiry is expected around 2024–2026, with possibilities of extension via SPCs for confirmed regulatory approval stages.
References
[1] Australian Patent Office. (2004). Patent AU2004264886.
[2] WIPO. Patent Landscape Reports—Pharmaceutical Patents.
[3] European Patent Office. Patent family analysis of similar compounds.
[4] TRIPS Agreement and Australian patent law regulations.
Note: Specific filing and expiration dates should be verified through official patent records.
