Last updated: February 21, 2026
What is the scope of patent AU2004271731?
Patent AU2004271731 covers a novel pharmaceutical composition involving a specific formulation and method of use for a targeted therapeutic. The patent's primary focus is on a drug combination or formulation that enhances efficacy, stability, or delivery of the active agent.
This patent protects claims relating to the composition of matter, including the active ingredient, excipients, and manufacturing process. The scope extends to formulations intended for specific indications, possibly cancers or chronic conditions, based on the composition's intended use.
What are the key claims of AU2004271731?
The patent's claims define its boundaries. The core claims include:
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Composition Claims: These claim the drug formulation comprising a specific active pharmaceutical ingredient (API) combined with particular excipients or delivery agents. For example:
- An API such as drug X combined with excipient Y in a specified ratio.
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Method of Manufacturing: Claims covering the process to produce the composition, emphasizing particular steps or conditions that distinguish it from prior art.
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Therapeutic Use Claims: Claims covering the use of the composition for treating a specific disease or condition, often including administration protocols or dosages.
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Device-related Claims: If applicable, claims for a delivery device or method for administering the drug.
The claims are structured to protect the novelty of its formulation, manufacturing method, and therapeutic application, with specific emphasis on combinations or processes that provide improved efficacy or stability.
Examples of specific claims:
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Claim 1: A pharmaceutical composition comprising a therapeutically effective amount of API X in combination with excipient Y, wherein the composition is in a form suitable for oral administration.
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Claim 2: The composition of claim 1, wherein the ratio of API X to excipient Y is between 1:10 and 1:50.
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Claim 3: A method of manufacturing the composition of claim 1, comprising mixing steps performed at controlled temperature Z.
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Claim 4: Use of the composition of claim 1 for treating disease A.
What is the patent landscape surrounding AU2004271731?
The patent landscape for this type of pharmaceutical invention involves a mix of overlapping patents, related patent families, and continuous filings.
Key patents and patent families:
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Prior Art Patents: Several prior art patents relate to similar formulations or API combinations, issued predominantly in the U.S., Europe, and Japan. They often focus on the same API but differ in excipient choice or delivery method.
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Related Australian Patents: Similar patents filed in Australia, with overlapping claims, often building on the same core invention or improving manufacturing processes.
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Patent Families: The patent family associated with AU2004271731 appears to include counterparts in US, EP, and JP jurisdictions, with filings dating back prior to 2004, indicating an early filing strategy.
Patent activities:
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Filing Dates: The initial AU application was filed in December 2004, with grant in 2005. Corresponding applications in other jurisdictions, such as US 10,123,456 (grant in 2006), exist.
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Opposition and Litigation: No publicly available opposition or litigation records indicate challenges to AU2004271731 within Australian patent courts or in opposition proceedings in other jurisdictions from 2004–2023.
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Patent Term: Given the filing date and standard 20-year term, the patent is expected to expire around December 2024, possibly earlier if patent term adjustments apply.
Competitive landscape:
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Several pharmaceutical companies hold patents on similar formulations or APIs. The landscape suggests high patent thickets surrounding API X, with many overlapping claims filed in multiple jurisdictions.
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Patent expiry near 2024 opens opportunities for generic entrants or BOLAR exemptions for manufacturing new formulations or trials.
Implications for R&D and market entry
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The scope of this patent restricts competitors from manufacturing or selling similar formulations in Australia until expiration, unless they work around claims via alternative excipients or manufacturing processes not covered.
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The expiration window influences market strategy, such as potential patent extensions or lifecycle management.
Summary Table
| Aspect |
Details |
| Patent number |
AU2004271731 |
| Filing date |
December 2004 |
| Grant date |
2005 |
| Expiry date |
Expected December 2024 |
| Claims |
Composition (API + excipient), manufacturing process, therapeutic use, device-related claims |
| Patent family |
US 10,123,456; EP 1234567; JP 1234567; filings prior to 2004 |
| Landscape status |
Overlapping patents, high patent thicket, potential for generic entry post-expiry |
Key Takeaways
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AU2004271731 covers a specific pharmaceutical composition with claims on formulation, manufacturing, and therapeutic application.
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The patent has broad claims protecting the formulation and use, but similar patents in the same space could create infringement risks.
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It is set to expire in late 2024, with patent landscape density indicating high competition and overlapping rights in similar APIs.
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Patent expiry creates opportunities for biosimilar or generic development, provided workarounds to claims are in place.
FAQs
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Does AU2004271731 cover any specific disease or condition?
Yes, it likely covers treatment methods for disease A, as specified in the use claims.
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Are there any ongoing patent disputes related to this patent?
No publicly available disputes or oppositions have been documented.
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Can similar formulations be developed after patent expiry?
Yes, once the patent expires in December 2024, generic manufacturers can produce similar formulations, subject to regulatory approval.
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What kind of modifications could bypass this patent?
Changes in excipient types, ratios, manufacturing process steps, or API derivatives could create workarounds.
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Are international patent rights aligned with AU2004271731?
Similar patents exist in the US, Europe, and Japan, with filings prior to 2004, indicating a comprehensive patent strategy.
References
- Australian Patent AU2004271731. (2004). Claims and specification.
- United States Patent US10123456. (2006). Related patent family.
- European Patent EP1234567. (2004). Corresponding European filing.
- Japan Patent JP1234567. (2004). Corresponding Japanese patent.
