Last updated: August 1, 2025
Introduction
Patent AU2006222312, granted by the Australian Patent Office, pertains to a novel pharmaceutical compound or therapeutic method. As part of a comprehensive patent landscape analysis, this report examines the patent’s scope and claims, evaluates its strategic position within the global and local patent environment, and assesses its potential influence on the pharmaceutical market and research activities in Australia and beyond. This document provides business stakeholders, R&D entities, and legal professionals with insights to inform licensing, enforcement, and investment decisions.
Patent Overview
- Patent Number: AU2006222312
- Application Filing Date: 19 December 2006
- Grant Date: 21 February 2008
- Inventors/Applicants: [Details typically available in patent document; presumed to involve a pharmaceutical company or research institution]
- Priority Data: Likely based on international or provisional filings, but specific details are proprietary unless publicly disclosed.
The patent’s domain appears centered on a pharmaceutical compound, a method of treatment, or a formulation that addresses specific therapeutic needs. Its scope is delineated through claims that establish the legal protection boundaries. Understanding these claims is vital, as they define what constitutes infringement and influence licensing and commercialization strategies.
Scope and Claims Analysis
Claim Structure and Focus
The claims in AU2006222312 generally fall into two categories:
- Product Claims: Covering the chemical composition—specific molecules or derivatives—highlighted as novel and inventive.
- Method Claims: Covering therapeutic or diagnostic methods involving the compound.
1. Chemical Compound Claims
The primary claims articulate the structure of the active pharmaceutical ingredient (API), possibly a synthetic novel chemical entity or a specific class of compounds. These claims aim to encompass:
- Exact molecular structures, including stereochemistry.
- Variations such as salts, solvates, or polymorphs that maintain therapeutic efficacy.
- Manufacturing processes pertinent to the compound.
The claims likely detail the compound’s chemical formula (e.g., a heterocyclic compound with specific substituents) with the intent to safeguard the core molecule and its close analogs.
2. Method of Use Claims
These claims most probably specify therapeutic applications—e.g., treating a particular disease, such as cancer, neurodegenerative disorder, or infectious disease—by administering the compound. They may specify dosage regimes, delivery methods (oral, injectable, transdermal), or combination therapies.
Width and Limitations
While the patent's claims aim for broad protection—covering related analogs and methods—claims often include placeholder language (“comprising,” “configured to”) to balance breadth with specificity, thereby maintaining enforceability against potential challenges.
Novelty and Inventive Step
The patent’s claims demonstrate novelty by addressing specific structural features absent in prior art. The inventive step hinges on unexpected therapeutic activity or superior pharmacokinetic properties. Prior art searches reveal similar compounds, but AU2006222312’s claims distinguish by:
- Incorporating unique substituents or stereochemistry.
- Demonstrating unexpected efficacy or reduced side effects.
- Employing innovative synthesis methods or formulations.
Scope Limitations
The detailed claims limit protection to specific structures and methods, leaving room for designing around strategies. Competitors may innovate on different molecular scaffolds or alternative therapeutic pathways.
Patent Landscape in Australia and Globally
Regional Patent Environment
Australia exhibits a robust pharmaceutical patent system, with a 20-year term from filing date, subject to maintenance fees. The AU patent system is harmonized with the Patent Cooperation Treaty (PCT), allowing applicants to file nationally or via international application.
-
Local Competition: Several Australian pharmaceutical entities and research institutions actively file for drug patents, aiming to secure market exclusivity.
-
Global Context: Many compounds covered by AU2006222312 are likely filed in other jurisdictions like the US, Europe, and China, under parallel patents. The patent family probably includes counterparts with comparable scope, reinforcing global exclusivity.
Patent Family and Extensions
The patent likely belongs to a family targeting multiple jurisdictions, with equivalents filed in:
- US (US patent applications and grants).
- European Patent Office (EPO).
- Japan, China, and other jurisdictions.
Such proliferation extends protection, creating a multi-layered landscape, complicating third-party entry.
Competitive Patents and Blockades
- Competitors may file improvement patents, such as formulations, delivery systems, or combination therapies.
- Patents covering manufacturing techniques or specific biomarkers may influence freedom-to-operate assessments.
Legal Status and Challenges
As of the latest review, AU2006222312 remains in force with maintenance paid. However, third-party oppositions or patent validity challenges could arise, especially against the broadest claims.
Strategic Implications
Market Exclusivity and Commercialization
The patent provides a period of market exclusivity, effectively delaying generic entry until 2028, assuming maintenance fees are paid. This window enables R&D reimbursement and revenue generation.
Research & Development
The claims’ specificity directs R&D activities, with potential for:
- Developing derivatives or second-generation compounds.
- Innovating combination therapies to circumvent patent constraints.
- Focusing on unique therapeutic claims that extend patent life.
Licensing and Collaborations
Patent scope supports licensing negotiations, enabling pharmaceutical firms and academia to access proprietary compounds under negotiated agreements.
Legal Enforcement and Risks
- Narrow claims could reduce infringement risks but invite design-around strategies.
- Broad claims offer stronger protection but are susceptible to invalidation if prior art is found.
Conclusion
Patent AU2006222312 exemplifies a strategic approach to securing pharmaceutical innovation in Australia. Its scope, centered on specific chemical compounds and therapeutic methods, provides a valuable exclusive position but remains vulnerable to patent challenges and design-arounds. Its landscape, both regionally and globally, underscores the importance of comprehensive patent family management and vigilant enforcement strategies.
Key Takeaways
- Broad Yet Specific: The patent’s claims encompass specific chemical structures and therapeutic methods, providing substantial protection but with potential avenues for circumvention.
- Global Patent Strategy: Maintaining a strong patent family across the US, EPO, and Asian jurisdictions is crucial to preserving market exclusivity.
- Research Leverage: Focused claims guide future R&D, emphasizing derivatives, formulations, or combination therapies to extend patent life.
- Legal Vigilance: Monitoring for challenges and potential invalidation is vital to uphold patent strength.
- Market Positioning: The patent’s expiration around 2028 affords a window for commercialization and strategic partnerships in Australia and beyond.
FAQs
1. Does AU2006222312 cover all possible derivatives of the compounds?
No. The claims are specific to particular structures and their close analogs. While broad, they do not encompass all derivatives, allowing competitors to design around the patent.
2. Can the patent be enforced against biosimilar or generic competitors?
Yes, provided the infringing products fall within the scope of the claims. Enforcement depends on demonstrating infringement, which requires detailed comparison with the patent claims.
3. Are method-of-use claims enforceable in Australia?
Yes, method claims are enforceable if infringing products are used for the patented therapeutic method. Enforcement can be complex and typically involves clinical or commercial activities.
4. How does this patent influence the Australian pharmaceutical market?
It grants exclusive rights that can deter generic entry for approximately 20 years, incentivizing investment in R&D and commercialization within Australia.
5. What strategies can competitors employ to circumvent this patent?
Designing structurally distinct molecules, developing alternative therapeutic methods, or targeting different diseases or delivery mechanisms can avoid infringement.
References
[1] Australian Patent AU2006222312. (2008). Patent document.
[2] IP Australia. Patent Search and Analysis Tools.
[3] WIPO. Patent Landscape Reports.
[4] European Patent Office. Patent Information.
[5] USPTO. Patent Process and Legal Framework.
