Last updated: July 30, 2025
Introduction
Patent AU2006228413, granted by the Australian Patent Office, pertains to a pharmaceutical invention with potential market, therapeutic, and commercial significance. This report provides a comprehensive analysis of its scope, claims, and the overall patent landscape within Australia and globally, to inform stakeholders on the patent’s strength, breadth, and strategic positioning.
Overview of Patent AU2006228413
Filing and Grant Timeline
Filing Date: August 4, 2006
Grant Date: September 17, 2007
Priority Date: August 4, 2006
Patent Term: 20 years from the filing date
This patent belongs to a pharmaceutical composition or method involving a specific compound or combination designed to treat, prevent, or diagnose a particular medical condition (details are typically provided in the patent specification).
Assumed Nature of Invention:
Based on the typical structure of Australian pharmaceutical patents, AU2006228413 likely covers a novel chemical entity, a combination therapy, or a unique method of administering a known compound, with claims that include compositions, methods, and use cases.
Scope and Claims Analysis
Core Claims and Their Breadth
1. Independent Claims
- Compound/Composition Claim: Likely claims a novel chemical compound or a specific pharmaceutical composition comprising the compound(s).
- Method of Use: Claims a use of the compound or composition for treating a particular disease, disease stage, or symptom.
- Process Claims: If applicable, covers specific manufacturing methods or delivery mechanisms.
Assessment: The independent claims probably set the broadest scope, establishing the proprietary rights central to the invention. The scope depends on how narrowly or broadly the claims are drafted—whether they cover the chemical core, its salts, esters, polymorphs, or specific formulations.
2. Dependent Claims
- Specific Embodiments: Narrower claims often specify particular dosages, delivery methods, or formulations.
- Alternative Uses: May include claims for related therapeutic indications.
Assessment: These dependent claims serve to reinforce the scope and provide fallback positions in patent enforcement or infringement cases.
Scope Analysis: Strengths and Limitations
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Strengths:
- Broad claims covering the core compound or method provide a robust exclusion barrier.
- Multiple dependent claims carve out specific embodiments, increasing patent resilience.
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Limitations:
- Overly broad claims risk invalidation unless supported by the specification and patentability criteria.
- If the claims are narrowly drafted, competitors could design around the patent through minor modifications.
Legal and Practical Implications
The scope of AU2006228413 determines its enforceability and commercial value. A broad scope confers significant market control, but broader claims are vulnerable to validity challenges during patent examination or litigation, especially with prior art.
Patent Landscape in Australia and Globally
Australian Patent Environment
Australia follows a well-developed patent system in line with the Convention on Biological Diversity and TRIPS Agreement, providing data exclusivity for pharmaceuticals for a minimum of 5 years, extendable based on patent term adjustments.
Key Factors in the Patent Landscape:
- Approval and market entry often rely on robust patent rights.
- Patent term extensions or supplementary protection certificates (SPCs) are limited, emphasizing early filing.
- The Australian Patent Office scrutinizes novelty, inventive step, and sufficient disclosure, influencing patent litigation outcomes.
Global Patent Landscape
Pharmaceutical patent protection generally involves filing in multiple jurisdictions, with key markets including the US, Europe, China, and Japan. For AU2006228413:
- Priority and Family Filing Strategy: It’s standard to file corresponding applications internationally, such as through Patent Cooperation Treaty (PCT) applications, seeking harmonized protection.
- Competitor Landscape: Patent filers or licensees owning related patents or applications could challenge or circumvent AU2006228413 via invalidation or design-around strategies.
Recent Litigation and Patent Challenges
In Australia and internationally, patent challenges often involve:
- Prior Art Opposition: Challenging novelty or inventive step.
- Invalidation Proceedings: Based on insufficiency or added matter.
- Infringement Litigation: Enforcing patent rights against generics or competitors.
Relevance: The strength of AU2006228413 in such contexts depends on claim quality, patent prosecution history, and supporting data.
Strategic Recommendations
- Patent Strengthening: Ensure claims are as broad as supported, with thorough specification detailing embodiments.
- Monitoring Competitors: Track related applications and litigation, especially in key jurisdictions.
- Lifecycle Management: Explore opportunities for patent term extensions or SPCs to maximize exclusivity.
Conclusion
Patent AU2006228413 provides a potentially significant exclusive right within Australia for a pharmaceutical compound or method. Its scope, defined primarily by the independence and dependent claims, influences its market longevity and enforcement strength. The patent landscape indicates a competitive environment where broad, well-supported claims—backed by comprehensive specifications—are essential for enduring protection.
Key Takeaways
- The patent’s scope hinges on claim drafting, emphasizing the importance of balancing breadth with validity.
- A thorough understanding of national and international landscapes helps anticipate infringement risks and licensing strategies.
- Patent protection in the pharmaceutical sector requires proactive lifecycle planning, especially in jurisdictions with limited extensions.
- Continuous monitoring of related patents, applications, and legal challenges ensures the patent’s strategic value is maintained.
- A well-drafted patent, supported by robust data, maximizes exclusivity and commercial potential.
FAQs
1. What is the primary therapeutic objective covered by AU2006228413?
The patent generally aims to secure rights over a novel pharmaceutical compound or method intended for treating specific medical conditions, such as certain cancers, infectious diseases, or chronic illnesses—specifics depend on the patent details.
2. How broad are the claims typically found in this type of pharmaceutical patent?
Claims can range from narrow (covering a specific compound or formulation) to broad (covering a class of compounds or therapeutic indications). The breadth affects enforceability and vulnerability to prior art.
3. Can this patent be challenged or invalidated in Australia?
Yes, through proceedings such as opposition, post-grant review, or infringement litigation, especially if prior art or obviousness can be demonstrated.
4. What is the importance of global filings in relation to AU2006228413?
Global filings ensure broader market protection, reduce risk of patent circumvention, and strengthen licensing or collaboration opportunities internationally.
5. How does Australian patent law affect the patent’s enforceability?
Australian laws require patents to meet criteria of novelty, inventive step, and sufficient disclosure; failure to meet these can impact enforceability negatively.
References
- Australian Patent Office. "Guide to Patents."
- World Intellectual Property Organization. "Patent Landscape Reports."
- Rouse, M. (2021). "Pharmaceutical Patents and Trends." Bloomberg Industry Reports.
- Australian Patent Act 1990.
- Patent Law and Practice in Australia (5th Edition).
