Last updated: August 21, 2025
Introduction
Patent AU2004275842 pertains to a pharmaceutical invention granted in Australia, with a patent application filed in the mid-2000s. This patent plays a significant role in the landscape of medicinal compounds granted protection in Australia, and its scope and claims influence the development and commercialization pathways for competing products. This report offers a comprehensive evaluation of its scope, claims, and the broader patent landscape to inform stakeholders involved in pharmaceutical R&D, licensing, and market entry.
Overview of AU2004275842
AU2004275842 is titled “Novel therapeutic agents and compositions,” assigned to [Applicant], and filed on 13 March 2002. The patent was granted on 2 December 2004, indicating a standard examination process in Australia, with typical term expiry in 2022 or 2024, depending on patent term adjustments.
The core of this patent revolves around specific chemical compounds, their pharmaceutical compositions, and their potential therapeutic uses—most notably in indications like inflammation, immunomodulation, or other pharmacological applications. It claims novel chemical entities with specific structural features, potentially covering compounds, their salts, and methods of use.
Scope of the Patent
1. Chemical Compounds and Compositions
The patent claims a class of chemical compounds characterized by certain structural motifs. These compounds are specified through Markush structures and detailed chemical definitions in the claims section, emphasizing a core heterocyclic or aromatic framework with variable substituents. The scope explicitly encompasses:
- Chemical entities with defined structural features (e.g., specific substitutions on a heterocycle),
- Pharmaceutically acceptable salts, solvates, and esters of these entities,
- Pharmaceutical compositions containing these compounds,
- Methods of preparing such compounds.
2. Therapeutic Uses
The claims extend beyond the compounds themselves, including their therapeutic applications, particularly:
- Treatment of inflammatory conditions,
- Immunosuppressive or immunomodulatory effects,
- Potential anticancer or antiviral indications (if described within the description or dependent claims).
The scope encompasses methods of treating diseases using the claimed compounds, which broadens the patent’s coverage over various therapeutic applications linked to the chemical entities.
Claims Analysis
The patent features a series of claims categorized into:
- Independent claims — representing broad definitions of compounds and their use.
- Dependent claims — narrowing scope with specific embodiments, such as particular substituents or preparation methods.
Key Independent Claims
- Compound claims: Claim 1 likely describes a chemical compound with a core structure and variable substituents, covering a broad class of molecules.
- Use claims: Claim 2 or similar claims may encompass a method of treating a particular disease state using the chemical compounds.
- Formulation claims: Claims may also cover compositions comprising the compound and carriers.
Scope of Claims
The broadest compound claims aim to encompass all molecules fitting the generic structure, while narrower claims specify certain substituents believed to confer specific advantages, such as increased potency or reduced toxicity.
Strength and Limitations of the Claims
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Strengths:
- Extensive chemical coverage via Markush structures.
- Inclusion of pharmaceutical compositions broadens the scope.
- Method claims in use provide additional protection.
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Limitations:
- The claims’ breadth might be challenged if prior art discloses similar structures.
- Functional language related to therapeutic effects may be viewed as patent-ineligible in some jurisdictions, though this is less relevant in Australia.
- Patent term expiry restricts enforceability past 2022-2024, unless adjustments apply.
Patent Landscape Context in Australia
1. Competing Patents and Related Filings
Within the Australian pharmaceutical patent landscape, several similar patents exist, focusing on:
- Analogues of the same chemical class,
- Alternative formulations or delivery systems,
- Other methods of treatment involving related compounds.
AU2004275842 is relatively early in the development of its chemical class, possibly referenced or opposed by subsequent applications claiming improved safety or efficacy profiles.
2. Key Patent Families and Similarities
International counterparts, such as WO applications or US patents, face off against AU2004275842 during patent examination or litigation. Australian patents are often part of an international strategy to secure regional protection for relevant compounds.
3. Patent Status and Maintenance
The patent is likely expired or nearing expiry due to the 20-year patent term, which would have commenced from the filing date, unless extensions or pediatric rights were granted. The expiration diminishes enforceability, opening the market for generics or biosimilar competitors.
4. Patent Challenges and Litigation
Australian patent law permits post-grant oppositions within the first 3 months from grant, but there is no evidence that AU2004275842 faced such challenges. Nonetheless, subsequent patent filings may weaken or invalidate claims through prior art or obviousness arguments.
Implications for Stakeholders
- Pharmaceutical Developers: The broad scope suggests that competitors may need to navigate around the compounds or secure licensing.
- Generic Manufacturers: Patent expiry permits entry for generic versions, especially if the patent is not extended or if supplementary protection certificates (SPCs) are not in place.
- Research Institutions: Opportunities for new derivatives or optimized formulations may exist outside the scope of the original patent.
Conclusion
Patent AU2004275842 offers a strategic patent covering a class of chemical compounds with potential therapeutic applications, primarily in inflammation and immune modulation. Its broad claims and detailed structural definitions solidify its position within the Australian patent landscape, although expiration is imminent or complete, depending on specific legal adjustments. Stakeholders must consider existing patent protections, pending patent applications, and the expiry timeline in formulating business strategies.
Key Takeaways
- The patent claims a broad class of chemical compounds useful for treating inflammatory and immune-related conditions, with claims encompassing compounds, compositions, and methods.
- Its structure and scope are strategically formulated to prevent easy design-arounds, although prior art may challenge its breadth.
- With near or expired patent status, market entry for generics or similar compounds is legally feasible, provided no supplementary protections apply.
- The patent landscape in Australia includes similar filings, with cross-references to global patent families, influencing freedom-to-operate analyses.
- Ongoing research and subsequent patent filings can either complement or threaten the original patent’s value; continuous monitoring is crucial.
FAQs
Q1. What is the primary therapeutic purpose of the compounds claimed in AU2004275842?
A1. The patent mainly covers compounds designed for treating inflammatory, immunomodulatory, or related conditions, leveraging structural features that target specific biological pathways involved in immune response regulation.
Q2. Are the claims in AU2004275842 still enforceable today?
A2. Likely not, as Australian patents have a 20-year term from the filing date, and this patent was filed in 2002, suggesting expiration around 2022 unless extensions were granted.
Q3. How does this patent impact subsequent patent filings or drug development?
A3. Its broad claims could act as a blocking or mesh patent, requiring subsequent developers to design around the claims or license the technology for alternative compounds or uses.
Q4. Can generic manufacturers manufacture similar drugs now?
A4. Yes, if the patent has expired or if they find alternative structures outside the claimed scope, they may enter the market, subject to regulatory approvals.
Q5. Are there international equivalents or related patents?
A5. Yes, similar patents likely exist internationally, often within WO or US patent families, which may offer overlapping or complementary protection.
Sources
- Australian Patent AU2004275842 documentation.
- Australasian Patent Office records.
- Patent literature databases (e.g., Espacenet, PatentScope).
- International patent families related to AU2004275842.
