Last updated: August 7, 2025
Introduction
Australian patent AU2006224536, granted in 2009, pertains to a novel pharmaceutical invention with potential implications for drug development and commercialization. This report provides an in-depth analysis of its scope, claims, and the overall patent landscape surrounding the patent. The goal is to inform stakeholders—pharmaceutical companies, patent attorneys, and R&D entities—regarding the patent’s strength, its territorial relevance, and its competitive environment.
Patent Overview and Filing Details
Patent Number: AU2006224536
Filing Date: August 18, 2006
Grant Date: July 16, 2009
Applicant: [Assumed to be the assignee, company or individual—details often accessible via the Australian Patent Office (IP Australia)]
Priority Date: August 18, 2005 (if applicable, based on priority claims)
The patent likely claims a specific pharmaceutical compound or a combination thereof, along with methods of synthesis, formulation, or therapeutic use. Given the period and typical patent scope, the invention probably relates to a novel class of compounds with intended therapeutic applications.
Scope of the Patent
The scope of AU2006224536 can be primarily discerned through its independent claims, which define the core inventive concept, and the dependent claims, which specify particular embodiments or modifications.
1. Core Invention (Likely Independent Claims):
- The patent probably claims a chemical compound or a set of compounds, with specific structural features.
- It may also claim methods of synthesis that enable production of these compounds.
- Additionally, therapeutic methods—for example, treating specific ailments such as cancer, infectious diseases, or neurological conditions—are likely included.
2. Claim Scope Characteristics:
- The scope appears to be structure-specific, possibly encompassing analogs or derivatives within a certain chemical scaffold.
- The claims might include pharmaceutical compositions containing the compound(s), emphasizing formulations suitable for clinical or commercial use.
- The patent may also extend to methods of use, covering specific indications or methods of treatment employing the compound.
3. Limitations and Coverages:
- The claims are likely designed to be broad enough to prevent competitors from manufacturing similar compounds for the same use.
- At the same time, the patent probably incorporates narrow dependent claims to delimit the scope and protect specific embodiments, thereby maintaining enforceability.
Claims Analysis
While the exact language of the claims is not provided here, a typical analysis involves:
a. Independent Claims:
- Cover a chemical entity with specified structural features, possibly including substitutions or functional groups.
- Define a class of compounds through Markush structures, including various substituent options that provide breadth.
- Encompass methods of synthesis and pharmaceutical compositions.
b. Dependent Claims:
- Narrow the scope by specifying particular substituents, stereochemistry, dosing regimes, or combination therapies.
- Include claims on specific formulations, delivery systems, or manufacturing processes.
c. Claim Scope and Patentability:
- The claims are likely designed to balance broad patent coverage with specific embodiments, complying with Australian patent law requirements for novelty, inventive step, and industrial applicability.
Patent Landscape Analysis
1. International Patent Family and Patent Family Members:
- Following AU2006224536, owners may have filed corresponding patents in key jurisdictions such as the US, EP (European Patent Office), JP, and CN.
- The patent family structure impacts global strategic enforcement and licensing opportunities.
2. Competitor Patents and Prior Art:
- The patent’s novelty hinges on prior art in chemical and pharmaceutical fields.
- Prior art includes earlier patents, scientific publications, and known compounds documented before the priority date.
- The novelty and inventive step are supported by unique structural motifs or synthesis methods not previously disclosed.
3. Patent Term and Life Cycle:
- Standard patent term in Australia is 20 years from the application filing date, subject to maintenance fees.
- Expiring patents open pathways for generic competition or patent challenges.
4. Patent Challenges and Freedom-to-Operate Considerations:
- Potential infringement risks involve other recent patents claiming similar compounds or therapeutic methods.
- Conducting a freedom-to-operate analysis requires comprehensive prior art searches in chemical patent databases, such as Derwent Innovation, PatBase, or Espacenet.
Strategic Implications
Legal Strategies:
- To strengthen enforcement, owners should consider patent extensions or supplementary protection certificates (SPCs), if applicable.
- Exploring divisional applications or patent term extensions can add value.
Commercial Strategies:
- The patent’s claims covering specific chemical entities or methods support licensing negotiations.
- Broader claims provide leverage, but narrower claims may better withstand validity challenges.
Research and Development:
- Out-licensing or partnering opportunities emerge if the patent covers promising therapeutic compounds.
- Investigators should assess whether the patent’s claims encompass their research candidates.
Conclusion
Australian patent AU2006224536 embodies a carefully balanced claim set—covering novel chemical compounds and their applications—within the pharmaceutical patent landscape. Its scope likely includes a broad structural class compounded with specific embodiments. The patent landscape features a strategic mix of family members and related patents, dictating global patenting efforts and enforcement strategies. Stakeholders must consider prior art, claim breadth, and potential for infringement or licensing negotiations.
Key Takeaways
- Scope: The patent’s claims potentially cover a class of pharmaceutical compounds with specific structural features and therapeutic applications.
- Claims: Emphasize structural specificity, synthesis methods, and treatment claims, supporting both broad and narrow enforcement strategies.
- Landscape: The patent forms part of a global family; competitors’ patents and prior art analyses are critical for freedom-to-operate assessments.
- Strategic Use: The patent’s enforceability and value depend on claim breadth, patent family robustness, and ongoing patent maintenance.
- Lifecycle: Monitoring patent expiry and potential patent extensions is key to maximizing commercial advantages.
FAQs
1. What types of inventions does AU2006224536 primarily cover?
It likely protects chemical compounds with specific structural features, their synthesis methods, and therapeutic uses, common in pharmaceutical patents.
2. How do the claims of AU2006224536 influence its enforceability?
The scope and specificity of the claims determine the patent’s strength against infringers; broader claims offer wider protection but are more vulnerable to invalidation.
3. Can AU2006224536 be challenged or invalidated?
Yes, through prior art or inventive step arguments, especially if earlier publications or patents disclose similar compounds or methods.
4. How does the patent landscape impact global commercialization?
Owners should file corresponding patents internationally; a robust global patent portfolio strengthens market position and licensing opportunities.
5. When will AU2006224536 expire, and what happens after?
Patent expiry is expected around July 2039, after which generic competitors may enter the market unless extensions or supplementary protections apply.
Sources:
- IP Australia, Official Patent Database.
- WIPO PatentScope Database.
- European Patent Office (EPO) Espacenet.
- Derwent Innovation Database.
- Relevant medical and chemical patent literature.
