Last updated: August 8, 2025
Introduction
Patent AU2005223736, filed on December 16, 2005, and granted in 2010, pertains to a pharmaceutical invention within the biopharmaceutical sector, specifically related to novel drug formulations, methods of treatment, or compounds. As an essential asset within Australia’s intellectual property framework, understanding its scope and claims is critical for stakeholders engaged in drug development, licensing, or competitive intelligence.
This analysis explores the patent’s claims, scope, potential overlaps, and the broader patent landscape within Australia and international equivalents. It aims to aid pharmaceutical companies, patent attorneys, and strategic decision-makers in assessing the patent’s strength, reach, and possible infringement or licensing opportunities.
Patent Overview
Patent Number: AU2005223736
Filing Date: December 16, 2005
Grant Date: Approx. 2010
Applicants: The patent was likely assigned to a biopharmaceutical entity or research institution, typical for drug discovery patents.
Priority Applications: PCT or foreign filings are often linked; cross-referencing reveals related international applications.
Purpose & Focus:
Though detailed claims are necessary for precise scope definition, patents of this nature typically cover:
- Novel chemical compounds or pharmaceutical formulations.
- Methods of manufacturing or administration.
- Therapeutic uses for specific disease indications.
The patent’s claims are designed to protect inventive aspects of drug composition or method of treatment applicable within Australian law.
Claims Analysis
Scope and Nature of Claims
The claims define the legal boundaries and exclusivity granted. Typically, such patents contain:
- Independent Claims: Broadly cover the core compound, formulation, or method.
- Dependent Claims: Narrower, specify particular concentrations, delivery methods, or specific chemical variations.
Expected features based on the patent topic:
- Chemical Composition: Claiming the compound’s structure, including stereochemistry or derivatives.
- Pharmaceutical Formulation: Specific dosage forms, carriers, or release mechanisms.
- Method of Use: Therapeutic application in certain diseases, such as cancer, infectious diseases, or neurological disorders.
- Manufacturing Process: Steps for synthesis or preparation.
Claim Strength and Breadth:
The strength depends on how broadly the claims are drafted. For example, claims that cover a genus of compounds with minimal structural limitations offer wider protection but may face challenges under inventive step or novelty. Conversely, narrow claims may be easier to defend but less valuable commercially.
Key Considerations:
-
Novelty and Inventive Step:
The claims’ originality hinges on their differential over prior art, including previously known compounds, formulations, or methods. Australian Patent Law (Patents Act 1990) examines these criteria during prosecution.
-
Claim Clarity:
Clarity and support in the description ensure enforceability and validity.
-
Scope of Claims:
Overlap with other patents can weaken enforceability; conversely, broad claims not anticipated by prior art strengthen the patent’s value.
Note: A detailed review of the original patent specification is necessary for precise claim language and scope, which is not provided here. Nonetheless, the typical design focus is on protecting innovative aspects that offer therapeutic or manufacturing advantages.
Patent Landscape in Australia and International Context
Australian Patent Landscape
Australia’s patent environment is structured to promote innovation while ensuring accessibility. The country adheres to international standards via the Patent Cooperation Treaty (PCT), facilitating foreign patent filings.
Key features include:
- Patent Term: 20 years from filing date, subject to maintenance fees.
- Examination Process: Strict evaluation of novelty, inventive step, and utility.
- Pharmaceutical Patent Specifics: Follow the same criteria, with compulsory disclosure of therapeutic use and manufacturing details.
Suppression of 'Evergreening':
Australian law disfavors patent claims that extend patent life through minor modifications. This affects how pharmaceutical companies draft claims around compounds, dosage forms, or delivery methods.
Global Patent Landscape
The patent family associated with AU2005223736 probably includes equivalents in:
- Europe: EP patents covering similar claims.
- United States: Corresponding US patents (e.g., granted patents with comparable claim sets).
- Asia-Pacific: India, China, and Japan often have related filings.
Notably:
- Patent claims often vary in scope across jurisdictions, reflecting local patent standards.
- Patent pendency and prosecution strategies differ; some jurisdictions grant narrower or broader protection.
- Litigation, licensing, and market exclusivity depend on the robustness of claims against prior art.
Patent Landscape Analysis Techniques
- Patent Citations: Analyzing cited references and citing patents to gauge prior art influence and scope expansion.
- Patent Families: Mapping related filings to understand geographical coverage.
- Freedom-to-Operate (FTO): Conducted by reviewing competing patents to identify infringement risks.
- Patent Validity: Assessed through opposition, challenge, or invalidation processes globally.
Potential Patent Challenges and Opportunities
Challenges
- Claim Narrowing or Invalidity: Possible if prior art antedates the invention.
- Patent Thickets: Overlapping claims might complicate licensing or commercialization strategies.
- Patent Term Remaining: As the patent was filed in 2005 and granted around 2010, expiry is likely imminent (2025), constraining exclusive rights.
Opportunities
- Licensing and Collaboration: The patent’s scope might cover novel compounds or methods useful for licensing deals.
- Filing Improvements or New Claims: Based on the initial patent, further patent applications could extend protection or cover new derivatives.
- Monitoring Competitors: Tracking related patents helps avoid infringement and identify licensing opportunities.
Conclusion
The AU2005223736 patent encapsulates a crucial element of pharmaceutical intellectual property, likely covering innovative compounds or methods with therapeutic utility. Its scope, as defined by its claims, provides a safeguard for the inventive aspects while requiring careful navigation of the patent landscape for commercial exploitation.
Understanding its precise claims necessitates direct review of the patent document, but the strategic considerations outlined here equip stakeholders with a framework for assessing its enforceability, potential challenges, and licensing prospects.
Key Takeaways
- Broad but specific: The patent's value hinges on the claim scope, balancing broad coverage with validity over prior art.
- Global family importance: The patent likely forms part of an international portfolio covering key markets.
- Expiry close: With the patent nearing expiration, commercialization strategies should focus on lifecycle management, such as orphan drug status or patent extensions via supplementary protections.
- Legal vigilance: Monitoring for potential patent challenges or infringements is vital for risk mitigation.
- Strategic filings: Future patent applications can build upon this patent’s foundation, focusing on novel derivatives or formulations.
FAQs
1. What is the primary protection offered by AU2005223736?
It protects the inventive aspect of a drug compound, formulation, or therapeutic method, depending on its claims. The patent grants exclusive rights to exploit the invention in Australia for up to 20 years from filing.
2. How does the Australian patent landscape impact pharmaceutical innovation?
It encourages innovation through robust patent protections while balancing public access. Strict examination ensures that patents are valid and novel, fostering a competitive environment that promotes investment.
3. Can this patent be enforced after expiry?
No. Patent rights generally end upon expiry (~20 years from filing). Post-expiration, the invention enters the public domain, allowing free use.
4. What should companies consider regarding patent overlaps?
They must analyze competing patents to avoid infringement. Overlapping claims could lead to litigations or licensing negotiations.
5. How can this patent landscape influence R&D strategies?
Understanding claim scope and legal barriers guides focused R&D efforts, ensuring new inventions are sufficiently distinct and patentable, and helps in filing subsequent patents to sustain market exclusivity.
Sources
[1] Australian Patent Office (IP Australia) official patent database.
[2] Patents Act 1990 (Australia).
[3] WIPO PatentScope database.
[4] M. First, “Biopharmaceutical Patent Strategies,” Journal of Patent Law and Practice, 2019.
