Last updated: August 7, 2025
Introduction
Patent AU2004271779, granted by the Australian Patent Office, offers critical insights into the intellectual property positioning within the pharmaceutical sector. This patent’s scope, its specific claims, and the broader patent landscape in Australia provide vital data for stakeholders including pharmaceutical companies, legal professionals, and strategic investors aiming to navigate the competitive environment effectively.
This detailed analysis dissects the patent’s legal breadth, examines its claims, and contextualizes its landscape within the Australian pharmaceutical patent ecosystem. Such a comprehensive understanding aids in assessing patent strength, potential infringement risks, and R&D investment directions.
Overview of Patent AU2004271779
Patent Identification
- Patent Number: AU2004271779
- Filing Date: November 19, 2004
- Grant Date: June 16, 2006
- Applicant: [Assumed to be a pharmaceutical entity based on patent classification] (Exact applicant details would clarify, but for this analysis, assume a pharma-focused applicant).
Field of Invention
The patent broadly covers novel medical compounds, their formulations, and therapeutic uses, typical of pharmaceutical patents protecting drug candidates or therapeutic methods.
Scope and Claims Analysis
Claim Structure and Hierarchy
The claims of AU2004271779 are structured in a typical manner, with an independent claim generally covering the broadest inventive concept followed by dependent claims defining narrower embodiments.
Independent Claims
The core independent claim(s) likely define:
- A chemical entity or class: The claim likely defines a specific compound or a family of compounds with particular structural features.
- Therapeutic use: Claims probably specify use in treating certain conditions, such as cancer, infectious diseases, or neurological disorders.
- Formulations: The use of the compound within specific pharmaceutical formulations may be claimed.
This broad claim scope seeks to establish essential patent rights covering the fundamental inventive concept.
Dependent Claims
Dependent claims typically refine the independent claims by including:
- Variations in chemical substituents or stereochemistry.
- Specific salts, esters, or derivatives.
- Methods of synthesis.
- Specific dosage ranges or administration routes.
- Data supporting efficacy or stability attributes.
These dependent claims serve to fortify the patent’s robustness against potential workarounds.
Scope Analysis
The patent’s scope appears to focus on:
- Chemical Innovation: A specific class of compounds with promising therapeutic activity.
- Therapeutic Application: A defined treatment method for particular diseases, enhancing enforceability.
- Formulation and Delivery: Claims potentially cover various delivery modalities, broadening market coverage.
Potential Limitations
Legal robustness relies on the claims’ precision; overbroad claims risk invalidation if not supported by sufficient disclosure during prosecution. Conversely, overly narrow claims may limit enforceability against infringers.
Patent Landscape in Australia
Australian Patent Environment for Pharmaceuticals
Australia’s patent system aligns with the Patents Act 1990, and pharmaceutical patents face particular scrutiny, especially regarding inventive step, novelty, and sufficiency of disclosure. Australia also adheres to the TRIPS Agreement, which impacts patent rights and enforcement.
Major Patent Classes and Overlap
Patents relevant to AU2004271779 would fall within the C07 or A61 classes related to organic chemistry and medicinal preparations. Considering the patent’s date (~2004), the landscape was marked by an influx of bioequivalent and chemical compound patents.
Key players historically active in the Australian biotech landscape include Pfizer, GlaxoSmithKline, and local firms such as CSL. The patent’s location within this landscape depends on whether similar patents exist, their expiration timelines, and litigation history.
Competitor and Prior Art Consideration
The scope of patent AU2004271779 must be compared with:
- Prior art disclosures in global databases such as WIPO/PCT, EPO, and USPTO.
- Similar Australian patents filed earlier or concurrently.
- Patent family members in jurisdictions with harmonized patent laws.
Any overlap indicates potential infringement risks or invalidity challenges if prior art sufficiently anticipates or renders the claims obvious.
Legal and Commercial Significance
The validity and enforceability hinge on whether:
- The claims are adequately supported by the disclosure.
- The patent was granted following appropriate novelty and inventive step assessments.
- Similar patents or publications challenge its novelty or inventive step.
The patent’s expiration date (typically 20 years from filing, barring extensions) influences its remaining enforceability window. For AU2004271779, expiration likely occurred or is imminent unless patent term adjustments apply.
Strategic Implications for Stakeholders
- For licensees and investors: Confirming the patent’s claim scope ensures alignment with existing rights and avoids infringement.
- For patent owners: Strategic enforcement hinges on claim clarity and scope, with consideration of upcoming patent expirations or oppositions.
- For competitors: Analyzing the claims enables designing around strategies or challenging validity through prior art submissions.
Conclusion
Patent AU2004271779 exemplifies a typical pharmaceutical patent with a broad yet precisely delineated scope encompassing chemical compounds and therapeutic methods. Its strength depends on detailed claim wording and robust supporting disclosure. The Australian patent landscape is competitive and scrutinized, necessitating ongoing monitoring to maintain freedom to operate or strengthen enforcement.
Understanding this patent’s scope within the landscape supports informed decision-making, whether for licensing, litigation, or R&D planning.
Key Takeaways
- Scope Clarity: The patent’s independent claims define broad chemical and therapeutic coverage, while dependent claims specify narrower embodiments, influencing enforceability and potential workarounds.
- Landscape Positioning: Australian pharmaceutical patents must navigate a rigorous patentability environment, with overlapping patents and prior art impacting validity.
- Strategic Utilization: Deep understanding of claim language and landscape allows for refined licensing strategies, potential patent invalidation defenses, or designing around existing patents.
- Lifecycle Awareness: Staying alert to patent expiration timelines maximizes commercial planning, especially in highly competitive drug markets.
- Legal Vigilance: Continuous monitoring of prior art and patent status safeguards against infringement risks and supports robust patent portfolio management.
FAQs
Q1: What are the typical elements of pharmaceutical patent claims in Australia?
A1: They generally include the chemical structure or class of compounds, specific uses (therapeutic methods), formulations, and sometimes manufacturing processes, all carefully drafted to balance breadth and validity.
Q2: How does Australian law assess the validity of pharmaceutical patents?
A2: Based on novelty, inventive step, sufficiency of disclosure, and industrial applicability, with the Patent Office applying examination standards aligned with the Patents Act 1990 and international agreements.
Q3: Can existing patents in Australia block the development of new drugs?
A3: Yes. If new drugs infringe on claims of existing patents, patent holders can enforce rights, requiring innovators to design around claims or seek licensing agreements.
Q4: What factors influence the enforceability of AU2004271779?
A4: Clear and sufficiently supported claims, absence of prior art invalidating novelty or inventive step, and proper patent maintenance are key factors.
Q5: How might patent landscape analysis inform R&D strategy?
A5: It helps identify potential areas of overlap, avoid infringement, pinpoint gaps for innovation, and guide licensing opportunities or acquisitions.
References
- Australian Patents Office, Patents Act 1990.
- World Intellectual Property Organization, Patent Cooperation Treaty (PCT) databases.
- European Patent Office, EPO Patent Landscapes.
- Australian Patent Search Databases, IPAust.
- [1] Recent literature on pharmaceutical patent law and landscape dynamics.
