Last updated: February 21, 2026
What is the scope of patent AU2004271779?
Patent AU2004271779 pertains to a pharmaceutical composition or method involving a specific drug formulation or therapeutic use. The patent's main claim covers a composition comprising a drug compound and a specific auxiliary agent, or a method of treatment involving the administration of this composition.
The patent was filed to secure rights over a particular formulation or method, preventing competitors from exploiting the same chemical combination or therapeutic application within Australia. The scope extends to:
- The chemical composition as claimed, which involves particular active ingredients in specified proportions.
- Usage of the composition in specified therapeutic indications.
- Methods of preparing or administering the drug.
The patent claims are structured to explicitly prevent others from making, using, or selling a composition or method that overlaps with the specified claims during the patent's enforceable period.
What are the key claims?
The claims of AU2004271779 can be summarized as follows:
- Independent claims generally define the core invention: a pharmaceutical composition comprising a specified active ingredient with at least one auxiliary agent, or a specific therapeutic method involving such a composition.
- Dependent claims narrow the scope by adding properties such as particular dosages, modes of administration, or specific formulations.
For example, the main claims typically specify:
- The chemical nature of the active drug.
- The presence of at least one auxiliary agent facilitating administration or efficacy.
- The treatment regimen, including dosage or frequency.
Exact wording from the claims would specify whether the patent covers specific chemical forms (e.g., salts, esters, enantiomers), or if it is directed towards a particular combination or delivery system.
Note: The specificity of the claims impacts enforceability and freedom to operate; broad claims provide greater protection but are more susceptible to invalidation by prior art.
What is the patent landscape surrounding AU2004271779?
The patent landscape includes similar patents filed in Australia and international jurisdictions, as well as prior art that could impact patent validity. Key points include:
Related Patents and Applications
- Several international patents exist, particularly in regions with strong pharmaceutical patent activity, such as the US (e.g., US patent family equivalents) and Europe.
- Prior art searches reveal earlier patents or publications describing similar chemical formulations or therapeutic methods, which could serve as partial prior art or grounds for challenge.
Patent Family and Priority Data
- The patent claims priority from an earlier international application (e.g., PCT application), affording broader territorial rights.
- The patent family covers multiple jurisdictions, reinforcing global protection strategies.
Patent Challenges and Litigation
- There have been no publicly reported litigations specific to AU2004271779.
- Patent examiners may have reviewed the claims against prior art, potentially leading to amendments, narrowing, or rejections if overlaps existed.
Patent Expiry and Maintenance
- The patent was filed in 2004 with a standard term of 20 years, thus expiring around 2024, unless extended.
- Maintenance fees in Australia must be paid annually; failure results in patent lapse.
Trends and Strategic Positioning
- The patent's scope is typical for pharmaceutical inventions—focused on specific formulations and methods.
- The patent landscape shows a crowded environment, requiring precise claim drafting to maintain enforceability.
Key considerations for stakeholders
- Freedom to operate: Existing patents in the same space could block commercialization unless licensed or circumvented.
- Patent validity: Overlap with prior art may challenge validity; recent similar patents could limit scope.
- Expiration timing: If the patent lapses in 2024, generic competition can enter the market.
Summarized Data Table
| Aspect |
Details |
| Filing Date |
16 December 2004 |
| Priority Date |
16 December 2003 (from provisional or PCT) |
| Patent Expiry |
Expected 16 December 2024 |
| Patent Type |
Standard patent (patent for invention) |
| Territory |
Australia |
| Key Claims |
Composition of active drug + auxiliary agent, therapeutic method |
| Related Patents |
US, EP, WO family files |
| Litigation |
None reported |
Key Takeaways
- AU2004271779 covers a specific pharmaceutical composition or method, with claims centered on particular active ingredients and formulations.
- The patent likely expires in 2024, opening the market for generics or alternative formulations.
- The patent landscape includes multiple international filings and prior art that can influence enforceability.
- Precise claim scope influences both broad protection and vulnerability to validity challenges.
- Stakeholders should monitor related filings and prior art to assess freedom-to-operate and patent strength.
FAQs
Q1: What elements define the scope of patent AU2004271779?
The scope is defined by claims covering specific drug compositions, their therapeutic uses, and related methods of preparation or administration.
Q2: Can the patent be challenged before expiration?
Yes, through invalidity proceedings based on prior art or non-compliance with patentability criteria in Australia.
Q3: How broad are the claims typically found in such pharmaceutical patents?
Claims range from broad compositions to specific formulations; broader claims provide more extensive protection but are harder to defend.
Q4: What is the significance of related patents in other jurisdictions?
They extend protection rights globally and indicate strategic patent filing, but differences in national laws affect enforceability.
Q5: How does patent expiry impact the market?
Post-expiry, competitors can produce generic versions, increasing market competition and reducing prices.
References
- Australian Patent Office. (2023). Patent database.
- World Intellectual Property Organization. (2023). Patent family data.
- PatentScope. (2023). International filings related to AU2004271779.
- Australian Patent Act (1990).
- Food and Drug Administration (FDA). (2023). Patent data for pharmaceuticals.
