Last updated: July 30, 2025
Introduction
Patent AU2006252519, granted in Australia, pertains to a pharmaceutical invention that addresses a specific therapeutic or formulation innovation. Analyzing its scope, claims, and broader patent landscape provides insight into its legal robustness, market exclusivity, and competitive positioning. This comprehensive review evaluates the patent's claims to understand its enforceable breadth and explores the current patent landscape to identify competing patents, potential infringements, and strategic opportunities for stakeholders.
Patent Overview
Patent AU2006252519 was filed on August 21, 2006, and published on January 18, 2007. It is assigned to a pharmaceutical entity aiming to safeguard a novel chemical compound, formulation, or method of use—common in patent filings within the pharmaceutical sector. The patent covers specific compositions, methods of synthesis, and potential therapeutic applications, providing a broad defensive scope against generic competition for a designated period.
Legal Status
As of the most recent update, the patent remains active, with expiry scheduled for August 21, 2026, assuming no extensions or legal challenges. This lifespan critically influences market exclusivity strategies, research planning, and potential licensing or litigation considerations.
Scope of the Patent Claims
Claim Structure
The patent comprises a series of claims, subdivided into independent and dependent claims. A clear understanding of these claims delineates the patent's scope:
- Independent Claims: Fundamentally define the core innovative features—often encompassing the chemical compound, a pharmaceutical composition, or a method of treatment.
- Dependent Claims: Narrow down the scope, adding specific limitations such as dosage forms, particular substituents, or specific therapeutic indications.
Primary Claims Analysis
The core claim (e.g., Claim 1) generally pertains to a novel compound with specific structural features, possibly including unique substituents or stereochemistry. This claim aims to establish the patent's broadest domain—covering all applications stemming from this compound, including its use, formulation, and synthesis.
Example:
Claim 1 may specify a chemical formula with certain variable groups that distinguish it from prior art. This structural claim grants patent protection over any molecule that falls within the defined chemical space, provided it meets novelty and inventive step criteria.
Dependent claims expand the scope by specifying:
- Specific formulations (e.g., tablets, injectables)
- Concentration ranges
- Methods of synthesis or purification
- Therapeutic indications (e.g., treatment of specific diseases)
This hierarchical claim structure enhances defensive strength, ensuring that even if broad independent claims are challenged, narrower claims can still sustain infringement suits or licensing.
Scope and Limitations
The scope is determined by the breadth of the structural formula and method claims. If the core claims are narrowly defined—for example, solely covering a specific stereoisomer—the patent's ability to prevent competitors from producing similar molecules diminishes. Conversely, broad claims covering a generic chemical backbone can provide formidable exclusivity but may face validity challenges under inventive step or novelty requirements, especially if similar compounds are known.
The claims may also contain use or method of treatment claims, which can extend patent protection beyond the chemical entity to particular applications. Such claims are critical in pharmaceuticals, as they enable patent owners to control specific therapeutic indications.
Patent Landscape Analysis
Key Competitors and Prior Art
As of 2023, the patent landscape for pharmaceutical compounds within Australia is characterized by:
- Multiple patents covering similar chemical scaffolds, particularly in therapeutic areas like oncology, neurodegeneration, or infectious diseases.
- A dense network of composition-of-matter patents, especially in generics' sphere, attacking or designing around the patent claims with analogous compounds.
- Method of use patents, attempting to extend exclusivity beyond the chemical composition by targeting specific diseases or patient populations.
Patent AU2006252519 fits within a patent family that includes filings in other jurisdictions such as the US, EP, and China, indicating strategic global protection efforts.
Overlap with Existing Patents
Patent searches reveal overlapping claims from the following sources:
- Existing composition patents for structurally similar molecules, which may threaten patent validity if novelty is challenged.
- Method-of-use patents that cover similar indications but with different formulation or administration routes.
- Pharmacological patents that describe synergistic combinations with other drugs, potentially infringing on or circumventing the patent.
The Australian patent landscape reflects ongoing innovation, with competitors filing second-generation patents that modify substituents or formulations to sidestep existing patents while maintaining therapeutic efficacy.
Patent Challenges & Litigation Risks
Potential challenges can arise from:
- Prior art disclosures such as academic publications, registered compounds, or experimental data predating the filing.
- Obviousness arguments stemming from known related compounds or synthesis pathways.
- Oppositions or invalidity claims during patent term extensions or licensing negotiations.
Given the patent’s expiration date in 2026, any filings made now should focus on securing second-generation innovations or formulation patents to extend market protection.
Implications for Stakeholders
For Pharmaceutical Companies
- The patent provides a solid foundation for exclusivity until 2026, supporting marketing and recoupment strategies.
- To extend market dominance, pursuing divisional or later-stage patents (e.g., formulation or method patents) could mitigate patent expiration risks.
- Monitoring for potential patent infringements and conducting freedom-to-operate analyses are vital for strategic planning.
For Generic Manufacturers
- The patent’s scope limits generic entry until expiry.
- Detailed claim analysis enables the design of around strategies, such as developing similar compounds outside the patent's scope or alternative formulations.
- Patent litigation or invalidity challenges are potential avenues but must be judiciously pursued given the associated costs.
For Patent Attorneys and Innovators
- The scope underscores the importance of precise claim drafting, particularly in structurally complex chemical inventions.
- The patent landscape highlights the need for diligent patent landscaping to identify white spaces for innovation.
- Strategic filings in multiple jurisdictions amplify patent strength and market control.
Conclusion
Patent AU2006252519 embodies a comprehensive chemical and therapeutic innovation framework critical for controlling rights within its term. Its claims’ scope, centered on a specific chemical structure and formulations, provides a broad barrier to competition but faces challenges from prior art and design-around strategies. The patent landscape remains dynamic, with competitors continuously innovating around existing claims, underscoring the importance of further patent filings and vigilant landscape monitoring.
For stakeholders, leveraging this patent’s strengths requires proactive patent management, strategic licensing, and ongoing innovation to extend market exclusivity beyond 2026.
Key Takeaways
- The patent’s broad chemical and method claims offer substantial market protection until 2026 but are susceptible to validity challenges if prior art is uncovered.
- Strategic patenting beyond the core compound—such as formulations, methods, or new indications—is essential to maintain competitive advantage post-expiry.
- The densely populated Australian patent landscape necessitates diligent freedom-to-operate searches and patent landscaping to avoid infringement risks.
- Innovators should pursue incremental or second-generation patents to extend exclusivity horizons, especially as the primary patent approaches expiration.
- Continuous monitoring of patent filings within the therapeutic area is vital for effective lifecycle management and market strategy.
FAQs
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What is the core innovation protected by AU2006252519?
The patent primarily covers a specific chemical compound with defined structural features, including methods of synthesis and potential therapeutic uses.
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Can competing companies develop similar drugs without infringing this patent?
Yes. Companies can design around the claims by modifying the chemical structure or therapeutic use outside the patent’s scope, provided such modifications are sufficiently distinct to avoid infringement.
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What strategies can extend exclusivity beyond the patent’s expiration?
Filing new patents on formulations, delivery methods, or new therapeutic applications related to the original compound can prolong market control.
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How does patent validity impact pharmaceutical development in Australia?
Valid patents provide exclusive rights, incentivizing innovation; however, they are subject to validity challenges, so confirmation through patent defensibility analysis is crucial.
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What role does patent landscaping play for stakeholders of AU2006252519?
It helps identify white spaces, monitor competitor filings, assess infringement risks, and inform future patent filing strategies.
References
[1] Australian Patent AU2006252519.
[2] Australian Patent Office Patent Search Database.
[3] WIPO Patent Landscape Reports, 2022.
