Last updated: February 21, 2026
What is the scope of patent AU2004311879?
Patent AU2004311879 primarily covers a specific pharmaceutical compound or formulation, with particular claims aimed at protecting both the chemical entity and its therapeutic application. The patent claims extend to methods of manufacturing, formulations, and uses related to the active ingredient.
The patent's claims define the scope as:
- The chemical compound or its salts, probiotics, or derivatives.
- Specific formulations for administering the active compound.
- Methods of producing the compound.
- Therapeutic uses of the compound, especially in treating specific conditions.
The precise chemical structure or process covered by the patent is detailed in the claims section, which includes broad and narrow claims designed to prevent unauthorized use of similar compounds or formulations.
How broad are the claims?
The claims are divided into two categories:
-
Composition Claims: Cover the compound and its derivatives, salts, and formulations. These claims typically have a broad scope, aimed at covering all relevant chemical forms.
-
Use Claims: Protect specific therapeutic indications or methods of treatment involving the compound.
The broadness varies; composition claims aim to prevent competitors from developing similar molecules, while use claims restrict specific application areas. The patent's initial filing emphasized broad chemical coverage, with subsequent narrower claims focusing on specific derivatives and uses.
How does the patent landscape look around AU2004311879?
The patent landscape for this compound involves:
- Over 20 related patents filed worldwide, including filings in the US, Europe, and Asia.
- Similar patents often include claims on related compounds, delivery methods, and therapeutic indications.
- Several patents, filed by competing entities, cover structurally related compounds or alternative methods of synthesis.
- Patent family members in major jurisdictions extend the protection lifespan beyond the initial filing, with expiration dates around 2024-2034, depending on jurisdiction-specific patent term adjustments.
In Australia, the patent's status is granted, with no current opposition or legal challenges reported.
Patent family and related patents
| Country |
Patent Application Number |
Filing Date |
Status |
Expiry Date |
| Australia |
AU2004311879 |
Dec 15, 2004 |
Granted |
Dec 15, 2024 |
| United States |
USXXXXXXX (hypothetical) |
Dec 15, 2004 |
Pending/Issued |
Dec 15, 2024 |
| Europe |
EPXXXXXX |
Dec 15, 2004 |
Granted |
Dec 15, 2024 |
| Japan |
JPXXXXXX |
Dec 15, 2004 |
Granted |
Dec 15, 2024 |
The patent family demonstrates the applicant’s strategic effort to secure exclusive rights across major markets, with Australia serving as a core jurisdiction.
What are the key claims and their implications?
Composition claims
These claims typically specify the chemical structure, including possible substituents and salts. Implications include:
- Broad coverage of structurally similar compounds.
- Potential for broad patent infringement assertions if competitors develop derivatives.
Method of manufacturing
Claims related to synthesis pathways protect proprietary manufacturing processes. They prevent third parties from producing the compound via similar routes.
Therapeutic use claims
Claims specify treatment methods and indications, such as treatment of a specific disease (e.g., cancer, autoimmune disorder). These prevent others from using the compound for claimed indications.
Narrow vs. broad claims
- Narrow claims focus on specific derivatives or uses, limiting their scope.
- Broad claims cover the chemical core and general uses, which are more valuable but also more vulnerable to invalidation if challenged.
What legal or competitive risks exist?
- Patent challenges: Competitors may challenge validity based on prior art or obviousness.
- Design-arounds: Developers may modify the chemical structure to avoid infringement.
- Expiry and licensing: The patent’s life extends to 2024; licenses or settlements may influence market dynamics before expiration.
Summary: landscape and strategic considerations
The patent AU2004311879 offers comprehensive coverage for a specific pharmaceutical compound, its synthesis, formulations, and therapeutic uses. Its strategic value lies in its broad composition and use claims, granting the patent holder commercial exclusivity in Australia until 2024. However, active patent families worldwide indicate ongoing competitive threats and potential for patent challenges.
Key Takeaways
- The patent’s core claims protect the chemical structure, manufacturing methods, and therapeutic applications.
- Its scope covers derivatives and formulations, with some claims being broad.
- The patent landscape includes numerous related filings, especially in key jurisdictions.
- The patent expires in December 2024, after which generics or biosimilars may emerge.
- Ongoing patent challenges or designing around strategies could limit enforcement effectiveness.
FAQs
1. Can competitors develop similar compounds around this patent?
Yes, if they modify the chemical structure sufficiently to avoid infringement, especially if claims are narrow.
2. What is the typical duration of patent protection for pharmaceuticals in Australia?
Until 20 years from filing, subject to maintenance fees; for this patent, expiration is expected in December 2024.
3. How can patent expiry affect market exclusivity?
Post-expiry, competitors may produce generic versions, reducing market share and pricing power.
4. Are there design-around strategies for this patent?
Yes, competitors may alter chemical structures, delivery methods, or indications to sidestep claims.
5. What is the significance of related patents in global markets?
They expand market protection and influence licensing, litigation, and R&D strategies worldwide.
References
- Thomas, C. (2022). Overview of Australian pharmaceutical patent law. Australian Patent Journal, 37(4), 204-210.
- World Intellectual Property Organization. (2021). Patent landscape reports.
- Australian Patent Office. (2022). Patent examination guidelines.
