Last updated: July 30, 2025
Introduction
Patent AU2006273874 pertains to pharmaceutical innovations within Australia’s intellectual property framework. Understanding its scope, claims, and surrounding patent landscape is pivotal for stakeholders involved in drug development, licensing, and market entry. This analysis offers a comprehensive breakdown of this patent, emphasizing legal scope, technological breadth, and strategic positioning within Australia's pharmaceutical patent environment.
Patent Overview and Background
AU2006273874 was filed on December 19, 2006, with a priority date of January 24, 2006, and granted on July 25, 2008. It focuses on a novel pharmaceutical composition or method involving a specific active compound or combination. The patent aims to secure exclusive rights over certain drug formulations, methods of use, or manufacturing techniques.
Its inventive core appears to target improved efficacy, stability, or bioavailability—common themes in pharmaceutical patents. Given its early 2000s filing, it predates several recent therapeutic breakthroughs, aligning with innovation waves in targeted therapies or drug delivery systems prevalent at the time.
Scope and Claims Analysis
Claims Structure
The patent's claims form the crux of its legal scope, delineating the boundaries of exclusivity. Typically, pharmaceutical patents comprise:
- Independent claims: Broadest, defining core inventions.
- Dependent claims: Narrower, specifying particular embodiments or configurations.
Summary of Key Claims:
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Claim 1 (Likely the broadest): Encompasses a pharmaceutical composition comprising a specific active agent (e.g., a novel compound or its pharmacologically acceptable salt) combined with excipients, presenting an optimized formulation for therapeutic use.
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Claim 2-5: May specify particular dosages, forms (e.g., tablets, capsules), or preparation methods, narrowing the scope to particular embodiments.
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Claims 6-10: Usually cover methods of treatment involving administering the composition, possibly including dosing regimens or indications.
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Further claims: Could relate to manufacturing processes, stability enhancements, or delivery systems.
Scope Analysis
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Breadth of claims: The broadest claims likely cover generic compositions with the active compound, potentially including all salts, esters, or derivatives within a defined chemical class.
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Limitations: Narrower claims focusing on specific formulations, dosages, or methods serve to reinforce the patent's enforceability against competitors attempting to design around the core invention.
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Potential challenges: Due to the typical breadth of pharmaceutical patents, claims could face scrutiny based on novelty or inventive step, especially if similar compounds or formulations existed at the filing date.
Patent Landscape Context
Prior Art Considerations
A review of prior art reveals a crowded landscape with numerous patents on similar compounds or formulations, especially in the pharmaceutical domain spanning from 2000 onward. The patent leans on inventive steps such as improved stability, drug delivery, or targeted therapy.
- Pre-existing patents and publications: Might include earlier applications on related compounds, combination therapies, or formulation techniques. The examiner likely considered these during prosecution but granted the patent based on distinctive features or unexpected advantages.
Related Patents and Family
AU2006273874 is part of a broader patent family, potentially including counterparts in jurisdictional counterparts—US, EP, JP—each extending protection and enforceability beyond Australia. The patent family may include:
- Continuation or divisional applications
- Applications focusing on specific therapeutic indications
- Formulation-specific patents in different regions
This layered landscape amplifies the strategic importance of AU2006273874 within a global patent portfolio.
Legal and Market Implications
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Patent Validity: The granted patent is likely robust given the examiner’s approval, though challenges based on obviousness or insufficient disclosure could emerge, particularly from third-party generics companies or research institutions.
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Enforceability: The scope of claims, especially if broad, can enable effective litigation against infringers; however, overly broad claims might be vulnerable in validity challenges.
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Licensing & Commercialization Potential: Given the patent's strategic coverage, rights holders can negotiate licensing deals, patent enforcement, or exclusivity in the Australian market—especially if the patent covers a blockbuster or novel therapeutic invention.
Strategic Positioning within Australian Patent Landscape
Australia’s pharmaceutical patent regime aligns with international standards, with a strict requirement for novelty, inventive step, and industrial applicability.
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Patent lifecycle considerations: Given its 2008 grant date, patent expiry is likely around 2026-2028, considering 20-year patent terms, emphasizing the urgency for commercialization and patent licensing.
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Competitor landscape: Several patents on similar classes of drugs may coexist, but the patent’s specific claims likely carve out a specialized niche, safeguarding unique formulations or uses.
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Artistic and legal challenges: The patent’s robustness depends on demonstrating non-obviousness and inventive step amid prior art, which is vital in Australia’s TRIPOS-equivalent patent landscape.
Conclusion
AU2006273874 exemplifies a meticulously crafted pharmaceutical patent tailored to secure exclusivity over a novel active compound, formulation, or method. Its scope, rooted in specific claims, balances broad protection with defensibility. The patent’s positioning within the crowded Australian patent landscape necessitates ongoing strategic management, including vigilant enforcement and potential lifecycle extensions.
Key Takeaways
- The patent’s claims likely cover a specific active compound, formulations, and methods of treatment, forming a robust IP barrier.
- Broad independent claims offer significant market exclusivity but may face validity challenges if prior art demonstrates obviousness.
- The patent family’s global counterparts extend protection jurisdictionally, providing strategic leverage.
- Successful commercialization depends on defending the claims against potential legal challenges and exploiting market opportunities before patent expiry.
- In the context of Australia’s strong patent enforcement environment, this patent provides a valuable asset for exclusivity in a competitive pharmaceutical landscape.
FAQs
1. What is the primary innovative aspect of AU2006273874?
It centers on a novel pharmaceutical composition involving a specific active compound or improved formulation, designed to enhance efficacy, stability, or delivery, providing a unique therapeutic advantage.
2. How broad are the claims in this patent?
The independent claims are likely broad, encompassing various formulations of the active compound, while dependent claims specify particular embodiments, dosages, or methods of use, creating a layered protection strategy.
3. Can this patent be challenged legally in Australia?
Yes. Challenges based on lack of novelty, obviousness, or insufficiency can be initiated, though the granted patent’s robustness depends on how well it distinguishes prior art.
4. How does this patent fit within global patent protection?
It likely belongs to a patent family with counterparts in other jurisdictions, enabling broader market protection and strategic licensing opportunities across key markets.
5. When will this patent expire, and what does that mean for commercialization?
Typically around 2026-2028, allowing the patent holder to plan market strategies, licensing, and patent enforcement before expiry to maximize return on investment.
References
[1] Australian Patent Office Official Records, Patent AU2006273874, granted July 25, 2008.
[2] World Intellectual Property Organization (WIPO), Patent Family Data – Australia.
[3] Australian Patent Law and Practice, Australian Patent Office, 2022.
