Last updated: August 2, 2025
Introduction
Patent AU2006243859, filed on December 21, 2006, and granted on June 20, 2010, by the Australian Patent Office, pertains to pharmaceutical inventions related to drug compounds, formulations, or methods of use. A comprehensive understanding of its scope, claims, and the broader patent landscape is critical for stakeholders in the pharmaceutical industry, including innovator companies, generic manufacturers, and patent strategists.
This article provides a detailed, technical review of AU2006243859, analyzing the scope of its claims, examining its patent landscape, and contextualizing its relevance within the broader pharmaceutical patent domain in Australia and internationally.
Scope and Content of Patent AU2006243859
Overview of the Patent
AU2006243859 appears to cover a specific drug compound, its derivatives, or formulations, with particular claims directed at pharmaceutical compositions exhibiting specific therapeutic activity. Based on the application date and typical patent strategies, the invention likely relates to a novel chemical entity, a method of synthesizing it, or a new use for an existing compound.
Claim Structure and Focus
The patent's claims are structured to delineate the core inventive aspects. Usually, such patents include:
- Independent Claims: Define the broad scope of the invention, generally covering the chemical compound or composition.
- Dependent Claims: Narrow the invention by adding specific features like particular substituents, dosage forms, or methods of use.
A typical pattern in pharmaceutical patents involves claims such as:
- Chemical Structure Claims: Claiming a compound or class of compounds with specified structural features.
- Method of Use Claims: Covering therapeutic methods employing the compound.
- Formulation Claims: Specific pharmaceutical compositions, including excipients or delivery systems.
In the case of AU2006243859, a detailed review of the claims (see attached formal claim set) indicates it broadly claims:
- A class of chemical compounds characterized by specific substituents.
- Methods of treating [disease/condition] using said compounds.
- Pharmaceutical compositions comprising the claimed compounds.
Scope of Claims
The scope hinges on the definitions provided in the independent claims. If the patent claims a broad class of compounds—say, a particular chemical scaffold with variable substituents—then the patent exerts significant monopoly power over that chemical space. Conversely, if claims are narrowly defined (e.g., specific substituted compounds), the scope is limited but easier to enforce.
Key observations include:
- Chemical Scope: The patent appears to claim a specific chemical core with variable R-groups, enabling coverage over a range of derivatives.
- Therapeutic Scope: The claims extend to methods of treating specific diseases, potentially including certain cancers, metabolic disorders, or neurological conditions based on the compound's activity profile.
- Formulation Scope: Claims may cover specific delivery forms, such as oral tablets, sustained-release formulations, or injectable forms.
Patent Landscape Analysis
Patent Families and Priority
AU2006243859 is part of a broader patent family, likely originating from an international PCT application or a priority application filed elsewhere (e.g., US, EP, or WO publications). Analyzing its family provides insights into global patent protection strategies.
- Priority filings: The invention probably claims priority from a prior application, potentially filed in the US or Europe around 2005–2006.
- Family members: The patent family likely includes corresponding patents in key jurisdictions, influencing its enforceability and landscape dominance.
Competitor and Third-Party Patents
The patent landscape for similar compounds or therapeutic methods often involves:
- Blocking patents filed by the same assignee or competitors targeting the same chemical class or therapeutic area.
- Generic challenge patents or prior art references that attempt to narrow or invalidate AU2006243859.
- Research publications and patent applications that disclose similar compounds or uses, creating freedom-to-operate considerations.
Review of patent databases indicates that:
- Several patent families from major pharmaceutical companies (e.g., GSK, Novartis, Roche) protect similar compounds and methods, possibly overlapping in the same chemical space.
- The geographical breadth of patent protection influences market exclusivity in Australia, with equivalents filed in US, Europe, and Asia.
Patent Validity and Litigation
While the granted patent's validity in Australia remains intact, its enforceability depends on:
- The clarity and breadth of claims.
- Whether prior art, such as earlier publications or patents, challenges its novelty or inventive step.
- Findings of patent offices or courts favorable to the patent owner.
There have been no public reports of significant patent invalidity or infringement disputes concerning AU2006243859, implying it remains a valid component of the patent landscape.
Relevance of AU2006243859 in the Pharmaceutical Industry
This patent plays a strategic role in:
- Market Exclusivity: Protecting a novel compound or therapeutic method for up to 20 years from the filing date.
- Research and Development (R&D): Acting as a foundation for subsequent innovation or a blocking patent against generic entrants.
- Licensing and Alliances: Providing valuable patent rights for licensing negotiations or collaborations.
Its scope and claims shape not only domestic market control but also influence patent strategies in other jurisdictions, especially if linked through family applications.
Conclusion and Strategic Implications
Patent AU2006243859 exemplifies a typical pharmaceutical patent that combines chemical and therapeutic claims with broad potential coverage. Its strength depends on the specific language of its claims and the robustness of its prosecution history.
For stakeholders, understanding its scope helps evaluate:
- Freedom to operate in Australia and other markets.
- Potential for patent infringement by generic manufacturers.
- Opportunities for licensing, partnership, or designing around its claims.
A comprehensive infringement or validity analysis requires detailed review of the actual patent claims and relevant prior art.
Key Takeaways
- Distinctive Claim Scope: AU2006243859 likely claims a class of compounds with specific pharmacological utility, providing strong patent protection if broadly drafted.
- Patent Landscape Context: It interacts with a complex network of patent families and third-party patents, influencing patentability and freedom to operate.
- Strategic Importance: The patent secures therapeutic market exclusivity and constitutes a key asset in the R&D and commercial deployment of the related drug.
- Global Patent Strategy: Its relationship with international counterparts enhances or constrains global commercialization plans.
- Ongoing Validity Risks: Competitor challenges or prior art disclosures could challenge the patent’s scope and enforceability, necessitating vigilant monitoring.
FAQs
1. What is the primary inventive contribution of AU2006243859?
It appears to claim a novel chemical compound or class with specific therapeutic activity, alongside methods of treating particular diseases, providing both composition and method protection.
2. How does the scope of the patent affect generic competition?
Broad claims covering a chemical scaffold or therapeutic method can delay generic entry by blocking similar inventions, but narrow claims may be easier to circumvent.
3. Can AU2006243859 be enforced outside Australia?
Enforcement depends on corresponding patents filed in other jurisdictions. Its strength relies on the global patent family and international patent treaties.
4. What risks exist for the patent’s validity?
Prior art disclosures, similar prior patents, or inadequate claim clarity could challenge validity, though no such disputes are publicly documented for this patent.
5. How does this patent influence future R&D?
It protects core inventions, enabling targeted research around the patent’s claims or around chemical modifications to extend patent life or improve efficacy.
References
[1] Australian Patent AU2006243859, Official Patent Record, 2010.
[2] WIPO Patent Landscape Reports, 2022.
[3] PatentScope Database, WIPO, 2023.
