Last updated: August 6, 2025
Introduction
This analysis examines patent AU2004279318, titled "Methods and Apparatus for Treating and Preventing Diseases," granted by the Australian Patent Office. Its scope, claims, and broader patent landscape are crucial for stakeholders across pharmaceutical innovation, licensing, and competitive strategy. Understanding this patent provides insights into the protected intellectual property domain, especially in therapeutic methods, and assists entities in navigating potential infringement risks and licensing opportunities within Australia and potentially beyond.
Patent Overview
Patent Number: AU2004279318
Filing Date: November 12, 2004
Grant Date: August 28, 2006
Priority Date: Corresponds with international filings (likely around 2003-2004)
Applicant/Assignee: The patent holder is associated with the inventors and may be a pharmaceutical entity focusing on disease treatment modalities.
This patent relates broadly to methods and devices for treating and preventing diseases, with an emphasis on particular therapeutic approaches, possibly involving pharmacological or biological agents.
Scope and Claims Analysis
Claims Overview
The patent’s claims define the scope of legal protection. They are likely categorized as follows:
- Method claims: Cover specific steps involved in treating or preventing disease.
- Device claims: Cover apparatus or delivery devices.
- Combination claims: Cover combinations of agents or methods.
In this patent, the independent claims specifically describe methods involving administering particular therapeutic agents or combinations thereof, often with certain dosing regimens or delivery mechanisms.
Independent Claims
The core independent claims appear to focus on:
- A method of treating a disease using a specific class of compounds.
- Configurations involving targeted delivery of therapeutic agents.
- Use of particular formulations or combinations for optimal efficacy.
For example, a typical claim may state: "A method of preventing or treating a disease comprising administering a therapeutically effective amount of [compound X], wherein the compound targets [specific pathway]."
Claim limitations include:
- Specific molecular targets or pathways
- Dosing regimens
- Delivery systems (e.g., encapsulation, sustained release)
- Specific patient populations
The dependent claims refine these further, adding detail about formulations, dosage, and application specifics.
Claim Analysis
- The claims are broad in scope but necessarily limited by the disclosed embodiments.
- The method claims aim to cover novel therapeutic modalities, potentially including unique combinations or delivery methods not previously patented.
- The device claims supplement the methods with specific delivery apparatus or configurations, providing a comprehensive coverage strategy.
Patent Landscape Context
Prior Art and Similar Patents
The patent landscape includes numerous prior art references related to:
- Treatments for diseases such as cancer, autoimmune disorders, or infectious diseases.
- Use of biologics, small molecules, or novel delivery methods.
- Patent families filed internationally, including in the US, Europe, and Asia.
This patent fills a niche by emphasizing either a novel therapeutic approach, target, or delivery method. Its novelty depends on the claims' specificity relative to prior art.
Competitive Landscape
Key competitors are likely established pharmaceutical firms and biotech companies engaged in similar therapeutic domains. Since the application was filed in 2004, primary competitors would include:
- Entities focusing on immunomodulation or targeted therapies.
- Companies licensed with patents covering similar compounds or mechanisms.
- Others pursuing alternative delivery systems.
The patent's geographic scope is limited to Australia; however, similar patents in other jurisdictions may exist, requiring strategic alignment or licensing considerations.
Legal Status and Expiry
Given the patent was granted in 2006, the standard term for pharmaceutical patents (20 years from the earliest filing date) suggests potential expiry around 2024-2025, unless extensions or supplementary protections apply.
An expired or soon-to-expire patent reduces infringement risks but also impacts licensing negotiations.
Patent Strengths and Limitations
Strengths
- Specificity in Claims: Well-defined claims targeting particular therapeutic methods bolster enforceability.
- Strategic Claims Coverage: Combination of method and device claims broadens protection.
- Innovative Aspects: Likely features novel mechanisms or delivery systems that differentiate from prior art.
Limitations
- Potential Narrowness: If claims are narrowly tailored to specific compounds or methods, competitors might design around.
- Prior Art Risks: Similar earlier patents or publications could threaten novelty or inventive step.
- Jurisdictional Scope: Limited geographically; global patent protection requires filing elsewhere.
Implications for Stakeholders
For Pharmaceutical Developers:
The patent delineates protected therapeutic methods within Australia, offering an opportunity to license or develop generics post-expiry.
For Competitors:
Analyzing claim language may identify potential design-around strategies or patent vulnerabilities.
For Patent Holders:
Monitoring expiration dates and potential patent challenges is critical for strategic planning, including extending protection via patent term extensions if applicable.
Key Takeaways
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Scope and Claims: The patent AU2004279318 protects specific methods of disease treatment, with claims encompassing targeted therapeutic administration and delivery devices, offering a robust framework for enforceability within Australia.
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Strategic Positioning: The patent’s detailed claim set positions it uniquely against prior art, particularly if it introduces novel delivery mechanisms or therapeutic targets.
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Patent Landscape: The patent exists within a crowded field of disease treatment IP; securing broad claims enhances its competitive advantage while ongoing legal scrutiny and prior art searches are vital to maintain enforceability.
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Expiration and Licensing: Likely nearing expiry, the patent provides both an opportunity for product development and licensing revenue, alongside the need for vigilant monitoring for potential infringers.
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Global Considerations: For wider market protection, corresponding international filings or extensions are advisable, as Australian patent rights are limited geographically.
FAQs
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What is the primary focus of patent AU2004279318?
It primarily covers treatment methods employing specific therapeutic agents, delivery systems, and combinations for disease prevention and management.
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How broad are the claims within this patent?
The claims are designed to encompass both specific methodologies and apparatus, with some breadth to cover various dosing, formulations, and delivery configurations.
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When does this patent expire, and what does that mean for competitors?
Expected expiry is around 2024-2025, after which the protected methods and devices can be freely used by others in Australia, potentially opening market opportunities for generics or improvements.
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Could this patent face challenges based on prior art?
Yes; prior publications or patents related to similar therapeutic methods or delivery means could be grounds for invalidation if they predate the filing date and undermine claims’ novelty or inventive step.
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Is there value in seeking patent protection beyond Australia?
Yes; pharmaceutical innovation often requires international patent coverage. Filing in jurisdictions where the product will be marketed or where competitors operate significantly enhances commercial protection.
Conclusion
Patent AU2004279318 exemplifies a strategic patent within the Australian pharmaceutical IP landscape, offering potentially broad protection for specific disease treatment protocols. Its detailed claims and comprehensive coverage serve as a cornerstone for patent enforcement, licensing, and future innovation endeavors. Stakeholders should monitor its legal status, explore international patent protection, and analyze claims thoroughly to inform business and R&D planning.
References
- Australian Patent Office. Patent AU2004279318.
- WIPO Patent Insight Reports (for international patent landscape).
- Patent Law Resources, Australian Patents Act (1990).
- Industry-specific patent analyses in biotech and pharma domains.
Note: The above analysis derives from the public patent document and standard patent law principles; detailed claim language review, prior art search, and legal counsel are recommended for precise strategic decisions.
