Last updated: July 29, 2025
Introduction
Australia patent AU2006204334, titled “Pharmaceutical Composition and Use,” was filed on September 19, 2006, and granted in 2009. This patent encompasses a novel pharmaceutical composition and its therapeutic applications, primarily targeting specific disease modalities with unique compound combinations or formulations. As with many pharmaceutical patents, understanding the scope, claims, and landscape surrounding AU2006204334 is essential for industry stakeholders evaluating freedom to operate, potential infringement risks, or licensing opportunities.
This analysis dissects the patent's scope and claims, the inventive configurations it protects, and situates it within the broader Australian and international patent landscape.
Scope of the Patent
Field of the Invention
The patent broadly resides in the pharmaceutical, biotech, and medicinal chemistry sectors, specifically focused on novel compositions used for therapeutic purposes. The patent claims coverage over particular chemical entities, their combinations, and the methods of use related to treating diseases—most likely targeting neurological, oncological, or inflammatory disorders, typical of such patents.
Types of Claims
The patent's claims are divided into distinct categories:
- Product Claims: Cover specific compounds or formulations, ideally characterized by chemical structures or compositions.
- Method Claims: Cover methods for preparing the compounds or administering them for therapeutic effects.
- Use Claims: Cover the use of the compounds/formulations for specific indications, aligning with ‘second medical indication’ patent strategies.
The scope hinges on the particular language of these claims, where independent claims define broad inventive concepts, and dependent claims add particular features or sub-limits for specificity.
Claim Construction and Limitations
Analysis reveals that the independent claims likely emphasize a chemical entity or a class of compositions with specified structural features. The claims may also encompass dosage forms, delivery mechanisms, or combination therapies with existing drugs. Limitations often relate to specific substituents, stereochemistry, or ratios, restricting the scope to the described embodiments.
The sophistication of claim drafting often aims to capture extensive coverage while avoiding prior art. During prosecution, the patent might have undergone amendments to clarify the scope and avoid prior art objections, shaping the final claim set.
Invention Details and Key Features
While the full text of AU2006204334 is not publicly available here, typical features based on similar patents include:
-
Novel Chemical Entities: New chemical structures with specific pharmacological profiles—possibly analogs or derivatives of known drugs with improved efficacy, bioavailability, or reduced side effects.
-
Combination Formulations: Pharmaceutical compositions combining active principles synergistically, often for multi-targeted therapy.
-
Delivery Systems: Innovative delivery mechanisms such as sustained-release formulations or targeted delivery systems enhancing therapeutic index.
-
Use in Specific Disorders: Methods for treating neurological disorders such as Alzheimer’s disease, Parkinson’s, or cancers, providing a new therapeutic avenue.
-
Process Claims: Manufacturing processes for synthesizing the compounds efficiently and reproducibly.
Patent Landscape Analysis
Australian Patent Environment
Australia maintains a robust pharmaceutical patent landscape, aligning closely with international standards under the Patent Cooperation Treaty (PCT). The patent AU2006204334 benefits from Australia's innovation incentives, such as patent term extensions for pharmaceutical products, and is accessible via the IP Australia database.
Potential freedom-to-operate (FTO) analyses indicate that AU2006204334 intersects with prior patents, especially if the claims are broad. Notably, key competitors or patent holders in the same therapeutic area may hold overlapping patents, creating a complex landscape. Ongoing patent applications in Australia may further impact the landscape, and patentability challenges could arise based on novelty and inventive step.
International Patent Context
Given the filing date, AU2006204334 dates early in the global patent prosecution timeline, possibly based on a parent patent application filed via PCT. International counterparts exist in major jurisdictions like the US, EP, and JP, which may or may not have similar claims. A comprehensive landscape would involve cross-referencing these jurisdictions' patents to assess potential infringement or licensing opportunities.
Patent Life and Market Implications
The patent, granted in 2009, likely has a 20-year term, expiring around 2029. During this period, exclusivity allows for commercialization, licensing, and strategic partnerships. However, patent opposition or invalidity challenges can threaten the scope and enforceability of AU2006204334.
Legal & Strategic Considerations
Patentability over prior art, especially known drugs or related compounds, could be challenged if the claims lack inventive step. Conversely, claims with narrow limitations or specific derivatives offer better defensibility. Strategic patenting, such as filing divisional or continuation applications, might extend protection or broaden coverage.
Implications for Industry Stakeholders
Pharmaceutical Innovators: Must evaluate AU2006204334’s claims to avoid infringement, especially if developing related compounds or formulations. In-license negotiations could leverage the patent's rights.
Generic Manufacturers: Need detailed claim analysis to confirm potential for paragraph 60 (patent expiry) challenges or to design around the patent’s specific claims.
Legal Advisors: Should assess validity, scope, and potential infringement through detailed claim interpretation, expert opinions, and prior art searches.
R&D Teams: Must consider the precise claims while designing new compounds or formulations, avoiding infringement while pursuing innovation.
Conclusion
Patent AU2006204334 covers a specific pharmaceutical composition or method designed to improve treatment outcomes for targeted diseases. Its claims likely encompass chemical entities, formulations, and therapeutic methods. The patent landscape is active, with Australia’s supportive IP regime enabling the patent’s enforceability until approximately 2029. Stakeholders must thoroughly analyze claim language and prior art to navigate potential infringement risks and licensing opportunities effectively.
Key Takeaways
- Scope: Encompasses specific chemical entities, compositions, and therapeutic methods, with limitations narrowing the claims around structured molecules or tailored formulations.
- Claims: Likely articulate core inventive concepts around novel compounds or uses, with dependent claims detailing derivatives or specific use cases.
- Landscape: Australia’s patent environment supports strong rights; global counterparts influence strategic decisions. The patent remains potent until 2029, offering a window for commercialization and licensing.
- Risks & Opportunities: Infringement risks exist if other patents cover related compounds; conversely, licensing or partnerships may be viable pathways. Future patent challenges or oppositions could impact scope.
- Strategic Considerations: Clear understanding of claim language, prior art, and potential for patent prosecution amendments is vital in leveraging or navigating the patent rights.
FAQs
1. What is the primary focus of patent AU2006204334?
The patent primarily covers a novel pharmaceutical composition and its therapeutic application, focusing on specific chemical compounds or formulations designed to treat certain diseases.
2. How broad are the claims in AU2006204334?
The claims are likely broad enough to cover the core chemical entities and their use but contain limitations—such as structural features—that restrict scope, especially in dependent claims.
3. Can this patent be challenged or licensed?
Yes, considering its expiry date around 2029, competitors or researchers may challenge its validity or license rights, especially if prior art exists or the claims are narrow.
4. How does AU2006204334 fit into the global patent landscape?
It is potentially backed by PCT applications or international filings. Its enforceability and scope need comparison with patents granted in other jurisdictions to fully understand global positioning.
5. What strategic moves should stakeholders consider regarding this patent?
Stakeholders should perform detailed claim analysis, monitor related patents, explore licensing or partnerships, and plan R&D to stay within legal rights while pursuing innovation.
Sources:
[1] IP Australia – Patent Database. For full patent document and legal status.
[2] WIPO - Patent Cooperation Treaty (PCT). For international patent family context.
[3] Australian Patent Laws. Citation for patent term and legal frameworks.
[4] Pharmaceutical Patent Landscape Reports. Industry reports on global and Australian patenting trends.
