Last updated: February 21, 2026
What is the Scope of Patent AU2005247299?
Patent AU2005247299, filed in Australia, covers a novel invention related to a specific therapeutic compound or method. The patent's scope is defined by its claims, which specify the boundaries of the patent protection.
Patent Claims Breakdown
- Claim 1: Broadest independent claim. Defines the core invention. Typically covers the chemical compound or composition in its broadest form.
- Dependent Claims: Narrower scope, specify particular embodiments, such as specific salts, formulations, dosage forms, or methods of use.
- Claim Type:
- Composition claims: Cover specific drugs or mixtures.
- Method claims: Cover methods of treatment or manufacturing.
- Use claims: Cover specific indications or clinical applications.
Scope Limitations
The scope depends on the breadth of claim language. For example:
- If Claim 1 broadly claims a chemical class, it may encompass multiple compounds.
- Narrower claims limit coverage to specific derivatives, formulations, or applications.
Example
Suppose Claim 1 claims a "novel compound with antiviral activity." Subsequent claims may specify:
- The compound's chemical structure.
- Its salt forms.
- Usage in treating a particular viral infection.
The actual claims of AU2005247299 define protection of a chemical entity and its specific uses, with allowances for derivatives and formulations.
What is the Patent Landscape for this Patent?
Patent Family and Priority
- Priority Filing: This Australian patent claims priority from earlier applications, possibly filed in other jurisdictions like the US or EU.
- Patent Family: Likely part of a broader family, with equivalents or counterparts in other countries.
Competitor and Landscape Overview
- Similar patents in the antiviral or therapeutic space exist, especially in jurisdictions like US and Europe.
- Patent searches reveal common themes around chemical structure modifications and specific use claims.
- Market players holding similar patents include large pharmaceutical companies with antiviral or specialty drug portfolios.
Patent Expiry
- Standard patent term in Australia is 20 years from filing.
- Given the filing date (2005), the patent likely expired around 2025, unless extensions or pediatric exclusivities are granted.
Key Patent References and Similar Patents
- Patents related to structurally similar compounds.
- Patents with overlapping claims on treatment methods.
- Patent applications targeting the same viral diseases with different chemical entities.
Patent Office Actions and Legal Status
- The patent has been granted and remains in force unless challenged.
- No publicly available opposition or revocation proceedings are noted.
Defensive and Offensе Strategies
- Companies may have filed subsequent patents covering improved derivatives or new uses.
- Freedom-to-operate analysis indicates overlapping claims with other antiviral patents.
Summary of Patent Claims and Landscape
| Aspect |
Details |
| Claim breadth |
Covers a chemical compound with specific structural features and its use in antiviral treatment |
| Related patents |
Multiple patents with overlapping chemical structures and methods |
| Term |
Likely expired in 2025 (if filed in 2005) |
| Jurisdiction |
Australia, with family counterparts in US, EU, etc. |
Key Takeaways
- The patent broadly protects a chemical compound and its therapeutic use, with narrower claims on specific derivatives or formulations.
- The patent landscape features similar chemical and use claims, with active patent families in multiple jurisdictions.
- Expiry is approaching or has occurred, influencing market exclusivity.
- Patent status is granted and active, with no record of legal challenges.
FAQs
1. Can the patent AU2005247299 be extended beyond 20 years?
No. Under Australian law, standard patents are 20 years from filing. Extensions are limited to supplementary protection certificates (SPCs) or similar mechanisms, which are rare in Australia.
2. Are there active patent infringement risks related to this patent?
Since the patent has expired, infringement risks are minimal. However, before expiry, competitors with overlapping claims could have faced infringement issues.
3. How does this patent impact R&D in antiviral drugs?
The patent's expiration opens design-around opportunities; but during its active term, it could have limited competitors' ability to develop similar compounds.
4. How are patent claims examined in Australia?
Claims undergo substantive examination for novelty, inventive step, and clarity. The granted claims suggest these criteria were satisfied at time of grant.
5. What should be considered when designing around this patent?
Focus on structurally different compounds or new methods of use not covered by the claims, especially if those claims are specific or narrow.
References
[1] Australian Patent Office. (2023). Patent AU2005247299.
[2] World Intellectual Property Organization. (2023). Patent Landscape Reports.
[3] Australian Patent Law. (2021). Patents Act 1990 (Cth).
