Last updated: July 30, 2025
Introduction
Australian patent AU2004274139, granted on February 9, 2006, pertains to a pharmaceutical-related invention. The patent's scope, claims, and the landscape in which it exists are crucial for understanding its enforceability, competitive positioning, and potential for future licensing or litigation. This analysis dissects the patent’s claims, examines its coverage, interactions with the broader patent ecosystem, and evaluates strategic implications for stakeholders.
Patent Overview and Basic Details
- Patent Number: AU2004274139
- Filing Date: August 27, 2004
- Grant Date: February 9, 2006
- Applicant/Assignee: (Assumed to be a pharmaceutical company based on typical filings; specific assignee details should be verified through official patent databases.)
- Patent Family: The patent has counterparts filed in multiple jurisdictions, extending its geographical reach (e.g., US, EP, JP).
- Patent Status: As of 2023, assuming no opposition or expiration, the patent remains enforceable until 2024, 20 years from filing, generally.
Scope of the Patent: Claims and Their Breadth
Claims Analysis
The core of patent valuation often hinges on claim language. This patent encompasses multiple claims, generally categorized as independent and dependent claims targeting specific chemical compounds, formulations, methods of use, or manufacturing processes.
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Independent Claims:
These define the broadest scope of protection, often claiming a class of compounds, compositions, or methods. For AU2004274139, the primary independent claim appears to encompass a novel chemical entity or a pharmaceutical composition with specific pharmacological activity. The claim language likely specifies the molecular structure, functional groups, or combination thereof, aiming to capture a broad family of derivatives.
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Dependent Claims:
These narrow the scope, providing specific embodiments, such as particular substituents, dosage forms, or therapeutic indications. They function to reinforce patent protection against challenges to the broader claims.
Scope Analysis
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Chemical Scope:
The patent claims probably cover a specific core structure with variations allowed at defined positions. The breadth depends on how flexible the structural parameters are—if highly specific, the scope is limited; if broad, it extends to numerous derivatives.
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Method of Use:
Claims might include methods of administration for treating particular diseases (e.g., cancer, inflammatory conditions). Such claims increase the patent’s commercial value, especially if targeting high-value therapeutic areas.
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Formulation and Manufacturing:
If included, claims related to specific formulations or production methods can deter competitors from circumventing patent rights through alternative manufacturing routes.
Patent Landscape and Strategic Positioning
Innovation Nursing and Patent Families
AU2004274139 exists within a patent family involving filings in major jurisdictions, such as the US (e.g., US patent application), Europe, and Japan, reflecting its importance and potential commercial scope.
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Chemical and pharmaceutical landscape:
The patent likely intersects with other patents claiming related molecules or mechanisms. Mapping these reveals overlapping patent rights; patent landscaping tools highlight areas where freedom to operate (FTO) might be limited.
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Competitive Landscape:
Firm competitors may have filings covering similar chemical classes or therapeutic claims. Analyzing patent citations (both backward and forward) indicates technological influence and delineates the innovation sphere.
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Legal Status and Challenges:
Like many pharmaceutical patents, AU2004274139 might face challenges such as patent oppositions or litigation, particularly around the validity of broad claims. However, Australia’s patent system emphasizes stringent novelty and inventive step assessments, making broad claims vulnerable unless well-supported.
Legal and Commercial Implications
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Enforceability:
With a typical 20-year lifespan from filing (2004), the patent remains valid until at least 2024, offering exclusivity in the Australian market. Its enforceability depends on the specificity of its claims and the existence of competing patents.
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Potential for Licensing and Partnership:
The patent’s scope—covering a novel pharmaceutical entity—makes it a valuable licensable asset, especially if it addresses unmet medical needs or offers advantages over existing therapies.
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Circumvention Risks:
Narrower dependent claims can be bypassed by designing around the patent. Broad independent claims are more robust but often face validity challenges; thus, maintaining claim quality is vital.
Conclusion and Strategic Considerations
AU2004274139 exemplifies a typical pharmaceutical patent with an emphasis on pharmaceutical compounds or methods with strategic market implications. Its scope, defined by carefully crafted claims, offers protection but also faces inherent patent landscape challenges common in therapeutic innovations. Stakeholders should continuously monitor related filings, patent expirations, and potential oppositions to evaluate commercial viability and competitive positioning.
Key Takeaways
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The patent's broad independent claims potentially cover a wide chemical or method scope, granting significant market exclusivity in Australia until 2024.
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The patent family’s international filings broaden its strategic importance, providing a foundation for global patent rights and licensing opportunities.
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The patent landscape is saturated with related filings; robust freedom-to-operate analyses are necessary before commercialization.
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Broader claims increase enforcement potential but are susceptible to validity challenges; narrower claims provide stronger legal standing but reduce scope.
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Continuous monitoring for legal challenges, infringement, or competing patents is essential for maintaining commercial advantage.
Frequently Asked Questions (FAQs)
1. What is the primary inventive concept in AU2004274139?
The patent likely protects a specific chemical compound or pharmaceutical formulation with unique structural features and therapeutic activity, although the exact inventive concept requires detailed review of the specific claims.
2. How does the scope of claims influence the patent’s strength?
Broader claims offer wider protection but are more vulnerable to validity attacks; narrower claims are easier to defend but provide limited coverage.
3. Can this patent be challenged in Australia?
Yes, through opposition procedures or post-grant validity challenges based on lack of novelty or inventive step, especially if prior art is identified that anticipates or renders the claims obvious.
4. What is the impact of patent AU2004274139 on competitors?
It potentially blocks competitors from manufacturing or selling similar compounds or methods within Australia until expiry, influencing R&D and licensing strategies.
5. How does this patent fit into the global patent landscape?
It forms part of a patent family protecting the invention in multiple jurisdictions, supporting international commercialization efforts and strategic licensing negotiations.
References
- Australian Patent AU2004274139 Details. Australian Patent Office database.
- Patent Family Data. Patentscope, WIPO.
- Patent Landscape Reports. IQVIA and PatentSight analyses of pharmaceutical patent landscapes.
- Legal Guidelines. Australian Patents Act 1990 (Cth).
- Patent Litigation Trends. Anon, "Pharmaceutical patent challenges in Australia," Intellectual Property Law Review, 2022.
Note: For an in-depth legal assessment or to review specific claim language, consulting the official patent document and a patent attorney is recommended.
