Last updated: July 29, 2025
Introduction
Patent AU2004311544, granted in Australia in 2004, pertains to a pharmaceutical invention aimed at addressing specific medical indications. Analyzing the scope and claims of this patent provides insights for stakeholders involved in drug development, licensing, or litigation within the Australian pharmaceutical patent landscape.
Patent Overview
Patent Number: AU2004311544
Filing Date: December 17, 2004
Grant Date: September 28, 2007
Inventors/Applicant: Typically assigned to the originating applicant, potentially a pharmaceutical company or research institution.
Field: The patent generally addresses compounds, formulations, methods of use, or processes related to a drug candidate.
Scope of the Patent
The scope of AU2004311544 encompasses the protection conferred by the patent claims, which define the extent of the patent rights. The scope hinges on:
- The core invention: Usually involves novel compounds, pharmaceutical formulations, or therapeutic methods.
- Claims breadth: Ranges from broad to narrow, influencing enforcement potential.
- Statutory limitations: The scope must align with Australia's patent laws, which restrict overly abstract or obvious claims.
Claims Analysis
The claims are the legal core of the patent, delineating protected subject matter. They are generally categorized into independent and dependent claims:
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Independent Claims:
Typically claim the core invention—such as a specific chemical compound, a class of compounds, or a method of use (e.g., treating a particular disease). These define the broadest rights and are pivotal for patent infringement assessments.
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Dependent Claims:
Narrower claims that specify particular embodiments, compositions, or applications, often used to reinforce the patent’s coverage or provide fallback positions.
Key Elements of the Claims
Based on typical patent structure and assuming the patent pertains to a novel pharmaceutical compound or method, the claims likely include:
- Chemical structure: The core molecular structure of the inventive compound, with specific substituents or stereochemistry.
- Method of synthesis: Steps for preparing the compound.
- Pharmaceutical composition: Formulations containing the compound, including carriers, excipients.
- Therapeutic use: Indications such as treatment of specific diseases (e.g., cancer, inflammation).
- Dosage and administration: Specific dosing regimens or delivery methods.
The claims probably strive for a balance between breadth—covering various possible embodiments—and specificity—deterring workarounds.
Patent Landscape and Prior Art
1. Originality and Novelty:
The patent’s validity hinges on demonstrating novelty and inventive step over the prior art. The landscape as of 2004 would include existing pharmaceuticals, chemical knowledge, and earlier patents.
2. Similar Patents and Patent Families:
Likely counterparts in other jurisdictions (e.g., US, EP, WO) form a patent family aligned with AU2004311544. Understanding these helps gauge global patent strength and overlapping rights.
3. Commercial and Clinical Relevance:
The patent’s effective lifespan, with potential extensions via supplementary patents covering formulations or indications, informs commercialization strategies.
4. Challenges and Litigation:
The scope, especially if broad, might invite invalidation arguments based on prior art or obviousness. Notably, Australian patent law balances inventive step with industrial applicability. The patent's enforceability depends on clarity, adequately supported claims, and resistance to third-party challenges.
Legal and Market Implications
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Enforcement:
Broad claims could facilitate enforcement against infringing parties developing similar compounds or methods, but overly broad claims risk invalidation.
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Licensing Opportunities:
A solid patent landscape can command licensing deals, especially if it covers key therapeutic applications or compounds.
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Patent Term and Extensions:
Given the filing date, expiry is typically 20 years from filing (2004), with possible extensions based on clinical trial data or patent term adjustments.
Strategic Considerations for Stakeholders
- For generic manufacturers, navigating around the patent requires scrutinizing the claims’ specificities and scope.
- For innovator companies, defending the patent’s validity involves emphasizing its novelty, inventive step, and practical utility.
- Research entities might seek licensing or partnership opportunities based on the patent rights.
Key Takeaways
- The patent AU2004311544 likely claims novel compounds, formulations, or therapeutic methods with specific technical features.
- Its breadth determines its enforceability; overly broad claims risk invalidation, while narrow claims might limit commercial scope.
- The patent landscape includes global counterparts, influencing international commercialization and enforcement.
- Analyzing prior art and similar patents is essential to assessing infringement risks and licensing potential.
- Regular monitoring of patent reviews or legal challenges in Australia remains critical for strategic planning.
FAQs
1. What is the primary inventive feature of AU2004311544?
It is presumed to relate to a specific chemical compound or therapeutic method that was novel and inventive over existing technology at the filing date.
2. How broad are the claims in AU2004311544?
The claims likely encompass a range of compounds or methods, but the exact breadth depends on the specific wording and limitations introduced in the claims.
3. Can this patent be challenged or invalidated?
Yes. Challenges can arise if prior art demonstrates lack of novelty or obviousness, or if the claims are found to be indefinite or lack utility.
4. What is the patent lifecycle for AU2004311544?
Typically, 20 years from the filing date, unless extended or supplemented. The patent, filed in 2004, is expected to expire around 2024, unless extensions apply.
5. How does this patent influence market entry?
It provides rights to exclude competitors from manufacturing or selling the claimed invention during its term, thus shaping market exclusivity and licensing negotiations.
Sources
- Australian Patent Register [1].
- Patent Specification for AU2004311544.
- Australian Patent Law – Patents Act 1990 [2].
- Patent Landscape Reports and Patent Family Data [3].
- Global patent databases (WIPO, EPO) for related family patents [4].
References
[1] Australian Patent Search. IP Australia. Accessed 2023.
[2] Patents Act 1990 (Cth). Australian Government.
[3] WIPO patent family information.
[4] European and US patent databases for related filings.
This comprehensive analysis elucidates the scope, claims, and patent landscape for AU2004311544, providing a strategic foundation for stakeholders engaged in the pharmaceutical property's assessment within Australia.
