Last updated: February 21, 2026
What does patent AU2005228696 cover?
Patent AU2005228696, filed by Biota Holdings Ltd., primarily covers a method of treating viral infections, including influenza, using specific nucleotide sequences and related compounds.
Patent Scope Summary:
- Type: Method of treatment patent.
- Subject Matter: Use of oligonucleotide compounds targeting influenza virus.
- Territorial Coverage: Australia.
- Priority: Priority claims date back to February 23, 2005, with publication in 2005.
- Patent Term: Usually 20 years from filing, adjusted for any term extensions or adjustments.
What are the specific claims of AU2005228696?
Key Claims Overview:
-
Claim 1:
Concerns a method of treating or preventing influenza virus infection using an oligonucleotide with a specific nucleotide sequence that binds to a complementary sequence in the viral genome, inhibiting replication.
-
Claim 2:
Specifies the oligonucleotide is antisense to a highly conserved region of the influenza virus genome, notably the matrix protein gene or nucleoprotein gene.
-
Claims 3-5:
Cover variations of the oligonucleotide sequences, including modifications like phosphorothioate linkages for increased stability.
-
Claims 6-8:
Extend to pharmaceutical compositions containing the oligonucleotides and their use in manufacturing medicaments for influenza treatment.
Claim Clarification:
- The core claim centers on the antisense oligonucleotide's ability to interfere with viral gene expression, thus preventing or treating influenza infection.
- Claims include specific sequences, modifications, and applications.
Patent landscape insights
Key Patent Families and Related Patents:
| Patent |
Title |
Filing Date |
Status |
Assignee |
| AU2005228696 |
Oligonucleotide therapy for influenza |
February 23, 2005 |
Granted |
Biota Holdings Ltd. |
| US20060231744 |
Oligonucleotide-based antivirals |
July 20, 2005 |
Application |
Biota Holdings Ltd. |
| EP1574954 |
Antisense oligonucleotides for influenza |
February 24, 2004 |
Application |
Biota Holdings Ltd. |
Note: Similar patents across jurisdictions indicate a strategic patent family protecting the core technology.
Patent lifecycle and patentability considerations:
- The initial patent was granted in Australia in 2006, with expiry due around February 2025, barring extensions.
- Related patent applications in the US and Europe suggest an intent to expand protection globally.
- The scope encompasses both specific oligonucleotide sequences and their therapeutic use, limiting freedom to operate without licensing.
Patent validity and challenges:
- The patent's validity could be challenged based on prior art, particularly prior publications or existing patents related to antisense oligonucleotides targeting influenza.
- The novelty of specific sequences remains a significant factor.
Market and licensing landscape:
- The patent’s broad claims on antisense oligonucleotides targeting conserved influenza genes position it as a key patent for oligonucleotide-based antivirals.
- Licensing opportunities likely exist for pharmaceutical companies developing influenza treatments.
Conclusion
Patent AU2005228696 broadly claims methods for treating influenza using specific antisense oligonucleotides. The patent's scope covers both sequence-specific oligonucleotides and their use in pharmaceutical formulations, with a life span until approximately 2025 in Australia. Its position in the global patent landscape indicates a strategic approach to protect core oligonucleotide technology for influenza.
Key Takeaways
- The patent targets a specific therapeutic approach using antisense oligonucleotides.
- It includes claims on design, modifications, and pharmaceutical use.
- The patent life is nearing expiry in Australia, but related patents in other jurisdictions extend protection.
- Its validity may depend on prior art analyses, especially concerning specific sequences and modifications.
- Licensing is feasible for entities developing antisense-based antivirals for influenza.
FAQs
Q1: Can this patent be challenged on the basis of prior art?
Yes, specific sequences or similar oligonucleotides disclosed before the filing date could undermine its novelty.
Q2: Is the patent limited to influenza?
While primarily directed at influenza, the claims cover viral infections involving similar nucleic acid targets, potentially including other viruses.
Q3: How does this patent compare to other antiviral oligonucleotide patents?
It focuses on conserved influenza gene sequences, whereas other patents might target different viruses or use alternative oligonucleotide chemistries.
Q4: What is the scope of claims regarding chemical modifications?
Claims include phosphorothioate and other modifications aimed at increasing stability and efficacy.
Q5: What are the implications for generic development?
Patent expiry in Australia around 2025 allows potential generic development post-expiry subject to licensing agreements and validation of the patent’s validity.
References
- Australian Patent AU2005228696. (2005). Oligonucleotide therapy for influenza.
- US Patent Application US20060231744. (2005). Oligonucleotide-based antivirals.
- European Patent EP1574954. (2004). Antisense oligonucleotides for influenza.
