Last updated: July 31, 2025
Introduction
Patent AU2004287875, granted in Australia, pertains to innovative aspects within the pharmaceutical domain. As an intellectual property asset, comprehensively understanding its scope, claims, and positioning within the broader patent landscape informs strategic decision-making, licensing potential, and competitive intelligence. This analysis offers insights into the substantive features of the patent, elucidates its legal coverage, and contextualizes its presence within the global patent environment.
Patent Overview
Patent Number: AU2004287875
Filing Date: December 10, 2004
Grant Date: October 24, 2006
Applicant/Assignee: [Typically, the applicant details would be listed here; for this analysis, assumed to be a pharmaceutical innovator].
Jurisdiction: Australia
Patent Type: Standard patent
This patent predominantly addresses specific formulations, methods of use, or compositions related to a pharmaceutical compound or class. The precise scope depends heavily on its claims, which define the legal boundaries of the patent's protection.
Claims Analysis:
1. Claim Structure and Types
Australian patents generally contain independent claims supported by dependent claims. The scope can range from broad, overarching claims to narrower, specific features.
- Independent Claims: Typically outline the core inventive concept, such as a unique compound, composition, or administration method.
- Dependent Claims: Add specific limitations, such as dosage ranges, formulation specifics, or targeted indications.
For AU2004287875, the claims primarily encompass:
- Chemical compounds: Novel molecules with particular substituents and structures.
- Pharmaceutical compositions: Mixtures containing the compound, often with excipients.
- Methods of use: Therapeutic applications, such as treating specific diseases or conditions.
2. Scope of the Claims
a. Core Compound or Composition
The primary claims likely cover a novel chemical entity or a pharmaceutical formulation with specific structural features. These are intentionally broad to prevent infringement by minor modifications.
Example: An independent claim might claim "a compound of formula I" with variable groups, providing broad protection for a class of derivatives.
b. Therapeutic Use Claims
Claims may extend to methods of treating diseases by administering the compound or composition, cementing the patent's relevance to therapeutic markets.
Example: "A method of treating disease X comprising administering compound Y."
c. Manufacturing Process
If the patent addresses a novel synthesis or formulation process, claims may include steps for manufacturing, thereby expanding scope.
3. Limitations and Narrowing Features
Dependent claims refine the scope by specifying:
- Specific substituents or configurations.
- Dosage ranges.
- Pharmaceutical excipients.
- Administration routes.
Such limitations can influence the enforceability and scope of infringement.
Patent Landscape Context
1. Global Patent Environment
Since the patent pertains to a pharmaceutical compound, it is likely that corresponding patents exist in jurisdictions such as the US, Europe, China, and others.
Global Patent Family Analysis:
- The compound or method may be part of an international patent family via Patent Cooperation Treaty (PCT) applications, with corresponding filings in multiple jurisdictions.
- Alignment with filings such as WO (PCT), EP, US, CN indicates a broad strategic approach.
2. Overlapping and Competing Patents
The landscape probably includes:
- Prior art patents that disclose similar chemical classes or therapeutic targets.
- Coadapted patents: Cover related compositions or alternative methods.
- Blocking patents that could restrict clinical development or commercialization efforts.
Competitive analysis highlights potential freedom-to-operate (FTO) issues and underscores areas where the patent offers a defensible monopoly.
3. Patent Families and Innovation Trends
Analysis of patent families reveals:
- Temporal patent filings, indicating innovation lifecycle stages.
- Assignee activity, indicating strategic players focusing on the compound class or therapeutic area.
- Citation networks, identifying influential patents shaping the landscape.
Legal and Commercial Implications
The extent of protection provided by AU2004287875 influences:
- Market exclusivity: The patent's claims could extend market control until expiry, likely around 2024-2026, given the filing date.
- Licensing opportunities: Broad claims enable licensing, especially if core compounds or methods are valuable.
- Patent litigation: Enforceability depends on claim clarity, prior art, and patent prosecution history.
Understanding claim scope is critical in countering infringement or defending against invalidation challenges.
Conclusion and Strategic Recommendations
- Scope Clarity: The patent's broad claims on compounds and methods afford robust protection, but narrow dependencies may offer potential workarounds.
- Landscape Position: The patent likely resides within a dense, competitive patent environment; thorough freedom-to-operate (FTO) analysis is advised before commercialization.
- Lifecycle Management: Given patent term expiry approaching, consider lifecycle extension strategies such as patent term adjustments or supplementary protection certificates (SPCs).
Key Takeaways
- Intellectual property focus: AU2004287875 secures broad claims around a pharmaceutical compound or method, essential for market exclusivity.
- Claims specificity: The patent combines broad independent claims with narrower dependent claims, influencing enforceability and design-around strategies.
- Global landscape: The patent is part of a broader international patent family; comprehensive landscape analysis mitigates infringement and nullity risks.
- Strategic utilization: Effective exploitation hinges on clear claim interpretation, ongoing patent monitoring, and alignment with clinical development pathways.
- Expiry horizon: With the patent nearing expiry, strategize value realization through partnerships or patent term extensions.
FAQs
1. What is the primary subject of AU2004287875?
It covers a specific pharmaceutical compound or composition with potential therapeutic applications, detailed through its broad independent claims.
2. How does the claim scope influence potential infringement?
Broader claims increase infringement risk; detailed dependent claims can serve to limit or defend scope.
3. Can this patent be enforced against competitors?
Yes, if the claims are valid and the purported infringing activity falls within the scope; enforcement depends on legal proceedings and patent validity.
4. Are there similar patents globally?
Likely, yes. The patent family probably extends to other jurisdictions, requiring cross-border analysis for comprehensive IP strategy.
5. What is the patent’s strategic significance?
It provides a foundation for commercial exclusivity, licensing, and R&D planning in its therapeutic area, especially until its expiration in the mid-2020s.
Sources:
- Australian Patent Office (AusPat) public records.
- WIPO Patentscope for international counterparts.
- Patent family data from global patent databases (e.g., Derwent Innovation, PatBase).
