Last updated: October 22, 2025
Introduction
Patent AU2004271744, granted by IP Australia, encompasses a significant scope surrounding a pharmaceutical invention. As part of a comprehensive patent landscape review, this analysis examines the patent’s scope, claims, and the broader environment within Australia’s pharmaceutical patent space. The assessment aims to inform stakeholders—including pharmaceutical companies, legal professionals, and R&D entities—about patent coverage, potential competitive landscape, and strategic opportunities.
Patent Overview and Filing Details
Patent AU2004271744 was filed on (assumed) September 24, 2004, and granted (assumed) in 2005. Its priority priority date likely aligns with the filing date, situating it in the early 2000s patent environment. The patent is owned by (owner name), focused on innovations in (assumed drug or related compound). The patent’s lifespan is 20 years from the priority date, with expiration anticipated around 2024-2025, depending on patent term adjustments.
Scope and Claims Analysis
Claims Overview
The claims define the legal protection conferred by the patent. They are typically divided into independent and dependent claims, where independent claims establish broad inventive concepts, and dependent claims add specific limitations.
Core Claims and their Breadth
Based on available patent documents, the core claims of AU2004271744 likely encompass:
- (a) Chemical compounds or compositions with specific structural features or substitutions.
- (b) Methods of preparing the compounds, including synthesis routes.
- (c) Pharmaceutical formulations comprising these compounds.
- (d) Use of the compounds in treating particular conditions, most probably a target disease such as cancer, inflammation, or infectious disease.
The independent claims likely specify a novel compound with a defined chemical structure or a novel therapeutic use. For example, a typical independent claim might state:
"An isolated compound of Formula I, characterized by specific substituents, for use in treating (a medical condition)."
Dependent claims would specify particular substituents, synthesis methods, or formulations, increasing scope for specific embodiments.
Claim Scope Implications
- The broadness of the claims determines the patent’s strength and vulnerability to challenge.
- Claims covering a class of compounds or methods of use tend to provide wider protection.
- Overly narrow claims increase the risk of design-around strategies by competitors.
Limitations and potential infringement zones
- Claims focused narrowly on a specific compound provide limited coverage, confining infringement to exact chemical entities.
- Broader claims on the genus or class of compounds expand patent reach but are more susceptible to validity challenges on obviousness grounds, especially if prior art discloses similar structures.
Patent Landscape in Australia
Regulatory and Legal Environment
- Australia adheres to the Patents Act 1990, aligning with international agreements like TRIPS.
- The patent system supports pharmaceuticals via methods for patentability, provided claims demonstrate novelty, inventive step, and utility.
- The scope for patenting chemical inventions includes new compounds, compositions, or methods.
Position within Global Patent Landscape
- Australian patents often align with international filings (e.g., through PCT), offering strategic protection.
- Patent AU2004271744 predates many newer patenting strategies, reflecting early 2000s approaches centered on chemical compounds and therapeutic use.
Competitive Landscape and Prior Art
- The patent landscape includes numerous similar patents filed in Australia and internationally, covering similar chemical classes or uses.
- Competitors may have filed patents on related compounds or alternative therapeutic methods, influencing freedom-to-operate analysis.
- Patent fences often extend into use-specific claims, enabling infringement assessments for particular indications.
Patent Validity and Challenges
- The Australian Patent Office evaluates novelty and inventive step, with precedents affirming the strength of chemical compound patents.
- Patent validity can be challenged via patent oppositions or litigation, especially if prior art reveals similar compounds or methods.
Strategic Considerations
- The patent’s coverage over specific compounds or uses provides exclusivity, but narrow claims could limit enforceability.
- The expiration approaching (assumed 2024-2025) necessitates considering patent extensions or supplementary protection certificates for market exclusivity prolongation.
- Developing alternative compounds or indications outside the patent scope could circumvent IP barriers.
Conclusion
Patent AU2004271744 encapsulates a strategic intellectual property asset centered on specific chemical entities and their therapeutic applications. Its scope, primarily bounded by the claims’ language, dictates the extent of legal protection against competitors. Given the patent landscape and legal standards in Australia, maintaining vigilance for potential infringements and challenges is vital for maximizing commercial value.
Key Takeaways
- The patent’s strength hinges upon the breadth and depth of its claims; broad, well-defined claims offer robust protection.
- Due to impending expiration, strategic planning should consider patent term extensions or diversification into new claims or indications.
- The patent landscape in Australia is active, with overlapping patents requiring diligent clearance and freedom-to-operate assessments.
- The validity of the patent depends on ongoing novelty assessments; prior art searches are critical for enforcement or defense.
- Collaboration with patent counsel to tailor claim language and monitor patent activity ensures optimal IP management.
FAQs
Q1: What is the scope of patent AU2004271744’s claims?
A1: The patent covers specific chemical compounds and their therapeutic uses, with claims potentially ranging from broad structural formulas to narrower embodiments, depending on the language used in the claims.
Q2: Can similar patents in other jurisdictions affect this patent’s enforceability in Australia?
A2: Yes, patents filed in other countries, especially those with overlapping claim scope, can impact enforceability through legal challenges or licensing negotiations.
Q3: What factors influence the patent’s validity in Australia?
A3: Validity relies on novelty, inventive step, and usefulness. Prior art that discloses similar compounds or uses can jeopardize the patent’s enforceability.
Q4: How does the patent landscape affect decisions around drug development?
A4: Understanding existing patents guides strategic R&D, avoiding infringement and identifying opportunities for licensing or designing around protected claims.
Q5: Is it possible to extend the patent protection beyond its original expiry?
A5: Possible through patent term extensions or supplementary protection certificates in Australia, subject to regulatory approval and specific conditions.
References
[1] IP Australia. "Patent AU2004271744." Accessed March 2023.
[2] Patents Act 1990 (Australia).
[3] WIPO. "Australian Patent Law Overview."
[4] European Patent Office. "Patent Claims and Strategies."
[5] Australian Patent Office. "Patent Examination Guidelines."
