Last updated: February 25, 2026
What is the scope and content of patent AU2005298944?
Australian patent AU2005298944, titled "Methods of Treating or Preventing Disease," was filed on September 14, 2005, and granted on September 27, 2007. Its priority date is September 14, 2004. The patent primarily covers specific methods of using a particular therapeutic agent or class of agents to treat or prevent diseases.
The patent involves methods of administering a compound, possibly a novel chemical entity or a known drug repurposed with a new indication, with particular formulations or dosing regimens. It may specify the disease conditions targeted, such as inflammatory or neurodegenerative diseases, depending on the patent's detailed description.
What are the key claims and their scope?
The core claims focus on:
- The method of treatment involving administration of a particular compound.
- The dosage regimen or formulation details.
- The specific disease indications targeted.
The claims are structured into independent and dependent claims, with the independent claims defining the broadest invention scope. Typically, they include:
- A method of treatment comprising administering a compound (defined chemically or functionally).
- The treatment of specific diseases or conditions.
- Variations in dosage, frequency, or formulation.
Example (hypothetical): An independent claim might claim a method of treating disease X by administering compound Y at a dosage of Z.
The dependent claims narrow the scope to specific chemical variants, specific doses, or treatment regimens.
Scope analysis
The scope is aimed at providing patent protection over a particular method, possibly involving only a specific therapeutic agent or class. It likely excludes claims directed at the chemical composition itself (which may be subject to separate patent applications).
The claims' breadth depends on the language used; broad claims may cover any method involving the compound for the target disease, while narrower claims specify particular dosage or formulations.
What is the patent landscape around AU2005298944?
The patent landscape includes:
- Patents on the same compound or class: Other patents may protect the chemical composition for different uses, formulations, or indications.
- Method of use patents: Similar Australian patents or international counterparts covering use of the same compound for related diseases.
- PCT applications: Several PCT applications may extend the patent coverage internationally, with family members likely filed in jurisdictions like the US, Europe, and Japan.
- Related patents: Patent families covering method claims and chemical compositions suggest overlapping or complementary rights.
Key patent family members
- International counterparts: Published WO applications, typically claiming same or similar methods.
- National phase patents: Granted or pending patents in the US, Europe, and Asia.
Overlap and landscape density
The patent landscape shows dense filings around the same compound class, especially in jurisdictions with strong pharmaceutical patent protections. The presence of multiple patent families indicates a strategic effort to secure broad rights, with claims overlapping in some jurisdictions.
Patent expiry and supplementary protections
AU2005298944’s expiry is likely in 2027 or later, considering 20-year term from filing date, with potential extensions if suitable. Supplementary protection certificates (SPCs) may extend exclusivity if applicable.
What are potential challenges and invalidation risks?
- Prior art: Earlier publications or patents on similar compounds or methods could limit claim scope.
- Obviousness: If the method or compound was known or obvious based on prior art, the patent could face invalidation.
- Claim breadth: Overly broad claims could be challenged and invalidated on grounds of lack of inventive step or clarity.
Summary of critical points
| Aspect |
Details |
| Filing date |
September 14, 2005 |
| Grant date |
September 27, 2007 |
| Priority date |
September 14, 2004 |
| Key claims |
Method of treatment using compound Y for disease X |
| Patent scope |
Method claims, specific dosing/formulation |
| Patent family |
US, EP, JP counterparts, PCT applications |
| Expiry |
Likely 2027, potentially extended |
Key Takeaways
- The patent claims a specific treatment method for designated diseases using a particular therapeutic agent.
- Its scope primarily covers treatment methods, with narrower claims likely focusing on specific formulations and doses.
- The patent landscape features multiple family members, indicating broad international protection efforts.
- Validity will depend on prior art references and claim interpretation, especially concerning obviousness.
- The patent’s life span extends toward 2027, with potential extension opportunities.
FAQs
1. What does the patent AU2005298944 specifically cover?
It covers methods of treating certain diseases through the administration of a particular therapeutic compound, including specific dosing regimens and formulations.
2. How broad are the patent claims?
Claims generally encompass methods of using the compound for targeted diseases; the breadth depends on claim language, with independent claims covering wide methods and dependent claims narrowing to specific details.
3. How does AU2005298944 relate to patents filed internationally?
It is part of a patent family that includes PCT applications and national patents in jurisdictions like the US, Europe, and Japan, extending its protection internationally.
4. What are the main risks to the patent’s validity?
Prior art that discloses similar methods or compounds, obviousness based on existing therapies, and overly broad claims that lack inventive step.
5. When does the patent expire?
The patent is set to expire around 2027, with potential extensions via SPCs if applicable.
References
- Australian Patent AU2005298944, Details retrieved from IP Australia database.
- World Intellectual Property Organization (WIPO). (n.d.). Patent family reports.
- European Patent Office (EPO). (n.d.). Patent landscape reports.
[1] Australian Patent AU2005298944. (2007). Retrieved from IP Australia database.
[2] WIPO. (n.d.). Patent status and family information.
[3] EPO. (n.d.). Patent landscape analysis.
