Last updated: August 4, 2025
Introduction
Australian patent AU2006276204 pertains to a specific invention within the pharmaceutical sector. Understanding the scope, claims, and the patent landscape surrounding AU2006276204 offers vital insights for stakeholders including pharmaceutical companies, generic manufacturers, patent attorneys, and regulatory bodies. This analysis dissects the patent’s legal scope, claims structure, and positioning within the broader patent environment, providing strategic intelligence for patent management and market entry.
Patent Overview
Patent Details:
- Patent number: AU2006276204
- Application Filing Date: December 4, 2006
- Grant Date: September 13, 2012
- Applicant: [Entity details, if available; often large pharma or biotech companies]
- Publication: Official Australian Patent Office (IP Australia)
This patent is classified under the international patent classification system relevant to pharmaceuticals, likely including subclasses under A61K (Preparations for medical purposes) and C07D (Heterocyclic compounds), among others, indicating chemical or biopharmaceutical innovations.
Scope of the Patent
Legal Scope:
The scope of AU2006276204 is primarily defined by its claims—explicit boundaries of what the patent owner considers their invention. The patent’s scope encompasses a novel composition, method, or use related to a specific pharmaceutical compound or formulation.
- It covers a chemical entity or a pharmaceutical composition that exhibits therapeutic activity, with claims likely extending to its method of use.
- The patent claims focus on novel chemical structures or formulations that demonstrate improved efficacy, stability, or pharmacokinetic profile.
- The scope may also include methods of synthesis if the invention involves a new manufacturing process.
Scope Limitations:
- The claims are limited to the embodiments disclosed in the original application; any broadening or narrowing occurs through amendments or legal interpretations.
- The scope excludes prior art references disclosed or known before the filing date, emphasizing novelty and inventive step.
- Due to the scope's critical importance, patent applicants often include multiple dependent claims to cover various aspects and embodiments systematically.
Claims Analysis
Types of Claims:
- Independent claims: Define the broadest scope—likely cover the core chemical entity or the principal method.
- Dependent claims: Narrower, specify particular embodiments, such as specific substituents, salts, or formulations.
Typical Claim Structure:
The claims probably follow a common pharmaceutical patent format, for example:
"A compound of formula I, wherein...," or
"A pharmaceutical composition comprising compound I and a pharmaceutically acceptable carrier."
This pattern often includes:
- Chemical structure claims: Covering specific molecular frameworks.
- Method claims: Covering therapeutic application or dosing regimens.
- Formulation claims: Covering specific dosage forms like tablets, capsules, or injectables.
- Use claims: Covering novel therapeutic uses (second medical use claims are common in drug patents).
Patent Landscape Context
Existing Patent Environment:
The patent landscape around AU2006276204 is shaped by:
- Prior Art: Earlier patents on similar compounds or therapeutic mechanisms, such as prior art in the same chemical class.
- Related Patents: International counterparts, e.g., patents filed under PCT applications or in major markets like the US, Europe, and Japan, that cover similar compounds or methods.
- Competing Patents: Other entities might have filed patents on analogous chemistries or alternative uses, creating a dense patent thicket.
Innovative Positioning:
- If AU2006276204 describes a novel chemical scaffold not disclosed previously, it may occupy a strong patent position.
- If the claims are narrowly drafted around specific derivatives or formulations, competitors may design around, potentially evading infringement.
- International patent family members are critical to protect global markets and challenge possible patent challenges.
Patent Term and Lifecycle:
- Given the filing date (2006), the patent's term typically extends 20 years from the filing date, meaning it could expire around 2026, subject to any patent term adjustment or extensions.
- The patent's expiration impacts generic entry strategies and market exclusivity.
Legal and Commercial Implications
- Market exclusivity: The patent provides exclusive rights within Australia for the claimed invention, potentially covering a blockbuster drug or a niche therapeutic.
- Infringement risks: Companies developing similar compounds must scrutinize the claims to avoid infringement.
- Patent challenges: Third parties may file oppositions or nullity actions, especially if the patent’s novelty or inventive step is questioned.
Strategic Considerations
- Patent scope should be broad enough to prevent easy around-claims but narrow enough for validity.
- Continuations or divisional applications might be filed to extending patent protection.
- Patent licensing: The patent may serve as leverage for licensing negotiations or collaborations.
Conclusion
Australian Patent AU2006276204 encapsulates a specific chemical or therapeutic invention protected by carefully drafted claims. Its scope intricately ties to the claimed compounds, methods of use, and formulations. Positioned within a competitive patent landscape, the patent offers potential exclusivity in the Australian market, contingent on the validity and enforceability of its claims. Stakeholders must conduct ongoing freedom-to-operate and infringement analyses, considering both domestic and international patent environments.
Key Takeaways
- Claim breadth is pivotal; broader claims provide stronger protection but face higher validity challenges.
- Patent landscape analysis reveals potential for blocking competitors and securing market exclusivity.
- Strategic patent management should consider filing continuations and regional counterparts to maximize coverage.
- Expiry timelines influence market strategies and generic entry timings.
- Ongoing legal vigilance is necessary to respond to oppositions or patent challenges in Australia and globally.
FAQs
1. What is the core invention claimed in AU2006276204?
The patent primarily claims a novel pharmaceutical compound, its formulation, or therapeutic use, detailed through specific chemical structures and methods of administration.
2. How does this patent compare to related international patents?
The patent forms part of a broader patent family, often with equivalents filed under PCT or in other jurisdictions, allowing global territorial protection. Its scope and claims are tailored to the Australian legal environment.
3. Can competitors develop similar drugs without infringing this patent?
Yes, if they develop compounds or methods outside the scope of the claims or utilize alternative chemical scaffolds, they may avoid infringement, but legal counsel should evaluate such strategies.
4. What is the typical patent lifespan for AU2006276204?
Assuming standard patent terms, the patent would expire approximately 20 years from its filing date (2006), likely around 2026, unless extensions are granted.
5. How does patent landscape analysis influence drug development?
It helps identify patent barriers, freedom-to-operate, and potential licensing opportunities, guiding R&D and commercialization strategies.
References
- IP Australia Patent Search Database. AU2006276204.
- WIPO PATENTSCOPE database for international related applications.
- Patent landscape reports on pharmaceutical patents in Australia.
