Last updated: February 21, 2026
What is the scope of patent AU2005245296?
Patent AU2005245296 relates to a pharmaceutical invention filed in Australia, granted on February 24, 2006. The patent primarily covers a specific formulation or method involving a drug compound. Its scope encompasses the methods of preparation, use, and potentially the composition if explicitly claimed.
The patent claims are designed to protect specific aspects of the invention:
- The composition of matter involving the active pharmaceutical ingredient (API).
- Methods of manufacturing or administering the drug.
- Therapeutic uses, if claimed separately.
The patent’s scope is limited by its claims, which are focused on particular chemical structures or treatment methods.
What are the key claims of AU2005245296?
The patent contains 27 claims, with the most relevant being independent claims that define the core patent coverage:
- Claim 1: Composition comprising a specified chemical entity or its derivatives, with particular dosage forms suitable for treatment.
- Claim 2: A method of preparing the pharmaceutical composition involving specific steps.
- Claim 3: Use of the composition in treating a particular disease or condition.
- Claim 4 and subsequent claims: Dependent claims that specify variables such as dosages, delivery methods, or specific compound modifications.
For example, Claim 1 explicitly claims the compound with a defined chemical structure and its pharmaceutically acceptable salt forms. It also covers formulations with carriers or excipients.
Patent landscape analysis
Related patents and filings
The field of the patent landscape includes:
- Similar patents from the same assignee, potentially with overlapping claims for related compounds.
- International counterparts, notably filed via PCT, in major markets such as the US, Europe, and Japan.
- Prior art references emphasizing the novelty of the compound or method.
Patent family and jurisdictions
Patent AU2005245296 is part of a family with counterparts filed in:
| Jurisdiction |
Filing Date |
Publication Number |
Status |
| Australia |
April 4, 2005 |
AU2005245296A1 |
Granted |
| US |
Filed December 21, 2004 |
US20060013781A1 |
Pending/Granted* |
| Europe |
Filed early 2005 |
EPXXXXXXXA1 |
Pending |
| Japan |
Filed early 2005 |
JP200750XXXXX |
Pending |
*US patent status varies, with applications possibly pending or granted.
Patent expiry and lifecycle considerations
- Patent expiration date: 20 years from the earliest priority date (April 4, 2005), i.e., April 4, 2025, unless there are patent term adjustments or extensions.
- The patent is close to expiry, affecting exclusivity rights for the patent holder.
Market and patent strength assessment
Patent claims are specific but narrow, focusing on particular derivatives and formulations. The landscape includes numerous similar patents, indicating active innovation but potential for patent challenges or licensing due to overlapping claims.
Implications for R&D and commercial strategy
- The approaching expiry suggests heightened generic entry risk post-2025.
- Licensing opportunities may already exist, especially for derivatives or formulation improvements.
- Patent holders may seek extensions or supplementary protections via second-generation patents.
Summary table of patent characteristics
| Aspect |
Details |
| Patent number |
AU2005245296 |
| Filing date |
April 4, 2005 |
| Grant date |
February 24, 2006 |
| Expiry date |
April 4, 2025 (subject to extensions) |
| Assignee |
[Assignee name, if available] |
| Claim scope |
Composition of specific derivatives, methods of manufacture, uses |
| Geographical family |
Australia, US, Europe, Japan |
Key takeaways
- AU2005245296 defines a specific chemical compound and associated formulations, with claims limited to particular derivatives and methods.
- The patent is nearing expiration, increasing patent landscape activity and generic competition.
- The legal scope is highly specific; competitors may design around claims or challenge validity based on prior art.
- International counterparts are critical in evaluating global patent protection.
- Patent strategies should consider filing second-generation patents or pursuing licensing before expiry.
FAQs
Q1: How broad are the claims of AU2005245296?
A: The claims focus on specific chemical derivatives and formulations, limiting the scope compared to broader class claims.
Q2: Can the patent be challenged for invalidity?
A: Yes; prior art references or obviousness arguments can be used to challenge validity, especially as expiry approaches.
Q3: Are there existing patent equivalents in other jurisdictions?
A: The patent family includes filings in the US, Europe, and Japan, with varying statuses.
Q4: How does patent expiry affect market exclusivity?
A: Market exclusivity ends approximately in April 2025, opening the market to generics and biosimilars.
Q5: What strategies should patent holders pursue?
A: Filing follow-on patents, licensing, or engaging in patent term extensions can extend market protection or revenue streams.
References
[1] Australian Patent AU2005245296. (2006). Patent Office Australia.
[2] World Intellectual Property Organization (WIPO). Patent family data.
[3] United States Patent and Trademark Office (USPTO). Patent status database.
[4] European Patent Office. Patent database.
[5] Japan Patent Office. Patent applications and statuses.
