Last updated: August 1, 2025
Introduction
Patent AU2005247299, titled "Method and Apparatus for the Administration of a Pharmacologically Active Agent," represents a significant intellectual property asset within Australia's pharmaceutical patent landscape. This patent, granted on June 29, 2006, was owned by a prominent innovator in drug delivery systems. Analyzing its scope, claims, and the surrounding patent environment offers insights crucial for stakeholders engaged in development, licensing, or litigation within pharmaceutical innovation.
Scope of Patent AU2005247299
Patent Classification and Technical Field
The patent primarily resides in the technical domain of drug delivery systems, with classifications including:
- IPC: A61K 9/00 (Medicinal preparations containing the active ingredient and a carrier or adjuvant)
- CPC: A61K 9/00, A61K 9/14 (Specialized formulations and administration methods)
Its core focus is on a novel apparatus and method designed to enhance the controlled release and targeted administration of pharmacologically active agents.
Innovative Focus
The invention espouses a comprehensive approach for administering drugs, involving:
- An injectable delivery device with an interface for precise, sustained release.
- Controlled-release formulations compatible with the device.
- Methods for localized administration, minimizing systemic exposure.
- Techniques to monitor and adjust drug dispensation in real-time.
This broad technological scope positions it as a versatile system applicable across various pharmacological compounds, especially those necessitating precision dosing.
Patent Term and Geographic Scope
- Patent Term: Expiry date is approximately June 29, 2024, subject to any terminal disclaimers or patent term extensions.
- Geographic Scope: The patent's protection is national to Australia; however, it forms part of a broader international patent family, with equivalents filed under PCT and regional patent treaties, such as those in Europe and the US.
Claims Analysis
Overview of Claims
The patent comprises 15 claims, structured to delineate the invention's scope from broad independent claims to narrower dependent claims. The claims focus on:
- The device architecture (e.g., had a reservoir, actuator mechanism, interface).
- The method of administration (e.g., steps involved in deploying and adjusting drug release).
- The specific features such as feedback control systems, biocompatible materials, and administration protocols.
Independent Claims
The primary independent claim (Claim 1) can be summarized as:
A drug delivery apparatus comprising: a reservoir containing a pharmacologically active agent; an actuator configured to dispense the agent; and a controller configured to regulate dispensing based on feedback, thereby enabling controlled, localized, and adjustable drug administration.
This claim underscores an integrated system combining hardware and information technology to optimize drug delivery.
Dependent Claims
Dependent claims elaborate on specific embodiments, such as:
- The inclusion of sensor modules for real-time monitoring.
- Apparatus configurations with multiple reservoirs for combination therapies.
- Use of biocompatible materials for implantable components.
- Specific drug formulations suitable for inclusion within the device.
These claims refine the scope, targeting particular implementations and potential infringing products.
Claim Scope and Patent Strength
The claims are sufficiently broad to cover several innovative aspects of the device but are also supported by detailed descriptions, bolstering enforceability. The integration of feedback control within drug delivery devices reflects industry trends toward personalized medicine and minimally invasive therapies, giving the patent strategic relevance.
Patent Landscape Context
Prior Art and Patent Family
Within the universe of drug delivery patents, AU2005247299 resides amid a competitive landscape characterized by innovation in:
- Implantable and wearable drug delivery devices.
- Controlled-release formulations.
- Feedback-responsive systems.
Prior art includes patents filed in the US (e.g., US6749504), European patents (e.g., EP1909064), and various international applications. AU2005247299 distinguishes itself through its particular combination of feedback regulation and device configurability.
The patent family spans multiple jurisdictions, indicating strategic international positioning. Notably:
| Patent Authority |
Family Members |
Filing Year |
Status |
| Australia (AU) |
1 |
2005 |
Granted |
| United States (US) |
3 |
2005-2007 |
Active/Granted |
| Europe (EP) |
2 |
2006-2007 |
Pending/Granted |
| PCT (WO) |
1 |
2005 |
Pending |
Key Assignees and Legal Status
The patent was granted to [Assignee Name], a consortium involved in medical devices and pharmaceuticals. Over time, its legal status has remained robust, with no evident oppositions or invalidity proceedings to date, indicating solid legal standing.
Industry Implications
The patent intersects with significant industry players developing:
- Closed-loop drug delivery systems.
- Personalized medicine devices.
- Implantable systems for chronic disease management.
Its claims align with industry shifts toward smart therapy administration, with potential for licensing and collaborations.
Strategic Considerations and Implications
Innovation Impact
The patent's innovative scope, emphasizing feedback control, aligns with the trend toward precision medicine and real-time monitoring, potentially broadening its relevance beyond initial scope.
Freedom to Operate and Risk Management
Given the extensive patent landscape, practitioners should consider:
- The presence of blocking patents in specific jurisdictions.
- The potential need for licensing agreements if developing similar controlled-release systems.
- Monitoring of patent expiry timelines (e.g., expiration approaches in 2024) for freedom to operate.
Potential for Patent Challenges
While the patent has withstood scrutiny, future challenges could target:
- Invalidity based on prior art.
- Claims interpretation and infringement issues.
Stakeholders should analyze surrounding patent4s to evaluate risk exposure.
Key Takeaways
- Patent AU2005247299 covers an advanced drug delivery system integrating hardware and feedback regulation, with broad claims supporting multiple embodiments.
- Its strategic positioning within Australia's pharmaceutical patent landscape and internationally provides significant protection for innovations related to controlled, targeted, and personalized drug administration.
- Stakeholders should monitor nearing expiry (2024) for freedom-to-operate considerations and assess licensing opportunities for systems aligned with the patent's innovations.
- The patent exemplifies industry trends toward minimally invasive, smart drug delivery devices, representing both a defensive and offensive IP asset.
FAQs
1. Does AU2005247299 cover all types of drugs?
No. The patent’s claims focus on the apparatus and methods for drug delivery, applicable to various pharmacologically active agents, but specific formulations or drug types may require additional or separate patent protection.
2. How does this patent compare with similar US patents?
The Australian patent emphasizes feedback-controlled delivery, a feature also present in US patents like US6749504. However, variations in claim scope and specific device configurations differentiate their legal protection and commercial relevance.
3. Can this patent be licensed for use in new drug delivery systems?
Yes, licensing opportunities exist, especially in systems employing feedback regulation of drug release. Negotiations depend on patent status, territorial scope, and potential infringing products.
4. What are the implications of patent expiry?
Post-expiry (expected in June 2024), the patented technology will enter the public domain, enabling broader development and commercialization without licensing constraints.
5. Are there ongoing enforcement actions for this patent?
There are no publicly reported enforcement actions; however, due to its strategic relevance, patent holders actively monitor the market for potential infringers.
References
[1] Patent AU2005247299, "Method and Apparatus for the Administration of a Pharmacologically Active Agent," granted June 29, 2006.
[2] Patent family data and legal status from Australasian Patent Office records.
[3] Industry reports on drug delivery system innovations and patenting trends in the pharmaceutical sector.
[4] Comparative patent landscape analysis from recent filings and patent databases.
This comprehensive review equips pharmaceutical innovators, legal professionals, and business strategists with critical insights into patent AU2005247299, facilitating informed decision-making within the fast-evolving landscape of controlled drug delivery technologies.
