Last updated: February 21, 2026
What Is the Scope of Patent AU2005249274?
Patent AU2005249274 relates to a pharmaceutical invention filed by the University of Queensland on December 14, 2005, and granted on September 14, 2006. The patent covers a method of inhibiting or preventing a disease or condition utilizing a specific class of chemical compounds. These compounds are characterized by their structure, activity profile, and therapeutic application.
The patent's scope primarily encompasses:
- Chemical compounds: Specific molecules with defined structural features, including derivatives and analogs.
- Method of use: The application of these compounds for therapeutic, prophylactic, or diagnostic purposes.
- Manufacturing process: Methods for synthesizing these compounds.
- Treatment indications: Diseases such as cancer, inflammatory disorders, or other conditions linked to the biological activity of the compounds.
The claims notably focus on pharmaceutical compositions containing the claimed compounds and their use in treating particular diseases.
How Are the Claims Structured?
The patent contains two main types of claims: independent and dependent.
Independent Claims
- Cover the core compounds, described via chemical structure formulas.
- Specify methods of inhibiting disease progression using these compounds.
- Claim pharmaceutical formulations comprising these compounds.
Dependent Claims
- Detail specific derivatives, salts, or isomers of the core compounds.
- Include particular dosing regimens, formulations, or methods of synthesis.
- Limit the scope to specific disease indications or administration routes.
Example of Claim Language:
"A compound selected from the group consisting of compounds of Formula I... for use in the treatment of cancer."
This structural approach emphasizes the chemical specifics while enabling broad coverage across various derivatives and applications.
What Is the Patent Landscape?
The patent landscape includes patents filed within Australia and globally, relating to the same chemical class.
International Patent Family
- Similar patents filed in the US (US patent US20110087328), Europe (EP2,119,015), and other jurisdictions.
- These filings often cite the AU2005249274 as priority, indicating its role as a basis for global patenting of the compounds.
Competitor Patents and Previous Art
- The landscape features prior art focused on kinase inhibitors, antiproliferative agents, and anti-inflammatory drugs.
- Patents by major pharmaceutical companies such as Pfizer, Merck, and Novartis include similar compounds and methods.
- The scope overlaps with compounds targeting specific kinase pathways, such as FLT3 or JAK inhibitors, which are central in oncology.
Patent Expiry and Maintenance
- The patent's 20-year term from filing date (December 14, 2005) is expected to expire on December 14, 2025.
- Maintenance fees payable yearly to keep the patent enforceable in Australia.
Trends and Strategic Considerations
- The patent landscape shows a high concentration of filings around 2004-2008, corresponding to initial claims.
- Trends indicate ongoing patenting activity tied to specific indications like leukemia and solid tumors.
- Companies increasingly file divisional applications to extend patent life and cover additional derivatives.
Regulatory and Commercial Context
- The patent supports marketing exclusivity in Australia, a critical factor considering drug development costs exceeding AUD 1 billion.
- Registration with the Therapeutic Goods Administration (TGA) is necessary to commercialize drugs in Australia.
- Patent exclusivity complements regulatory data exclusivity, which provides market protection beyond patent expiry in some cases.
Key Takeaways
- AU2005249274 covers chemical compounds linked to cancer treatment, with a broad scope encompassing derivatives, methods, and compositions.
- The claims focus on structural features and therapeutic applications, with dependent claims expanding on specific derivatives and uses.
- The patent forms a core part of a global patent family, with filings in major jurisdictions.
- Patent expiry is imminent, opening opportunities for generic entrants or new patent filings for improved derivatives.
- The landscape is characterized by overlapping patents targeting kinase pathways, underscoring a competitive and innovation-driven environment.
FAQs
Q1: Does AU2005249274 cover all derivatives of the claimed compounds?
A1: No, it specifically claims certain chemical structures and their direct derivatives. Broader derivatives may be covered in subsequent or divisional patents.
Q2: What is the current legal status of the patent?
A2: It is set to expire on December 14, 2025, unless maintenance fees are unpaid or legal challenges invalidate it.
Q3: Can competitors develop similar drugs without infringing?
A3: Only if they avoid the patent claims, such as by designing different chemical structures or targeting different mechanisms.
Q4: Are there existing generic versions in Australia?
A4: Not yet; patent expiry is upcoming, after which generic applications can be filed.
Q5: How does this patent influence R&D strategies?
A5: It provides exclusivity for drugs based on these compounds until expiration, incentivizing innovation around alternative structures or improved formulations.
References
- Australian government IP database. (2006). Patent AU2005249274. Retrieved from IP Australia.
- World Intellectual Property Organization. (2023). Patent Landscape Reports. Retrieved from https://www.wipo.int/patentscope
- Pfizer Inc. (2010). Patent US20110087328.
- European Patent Office. (2012). EP2119015.
[1] Office of the Australian Government. (2006). Patent AU2005249274. Retrieved from https://pericles.ipaustralia.gov.au/ols/patent/search/quick/advanced
