Last updated: February 21, 2026
What is the Scope of Patent AU2006279333?
Patent AU2006279333 pertains to a pharmaceutical invention issued to protect a specific drug composition or method. The patent's scope is defined primarily by its claims, which specify the exclusive rights granted to the patent holder. The claims outline the specific formulations, methods, or uses claimed to be novel and inventive.
The patent generally covers a novel drug formulation or a method of treatment involving the drug. The scope may include:
- A pharmaceutical composition comprising specific active ingredient(s) at particular concentrations.
- A method of administering the drug to treat particular conditions or diseases.
- Specific formulations, delivery mechanisms, or dosages.
From the document, the key claims focus on the composition's unique features, such as novel combinations, use of particular excipients, or innovative delivery methods.
Key points:
- Type of invention: Pharmaceutical composition or method.
- Protection scope: Compositions with specific active ingredients and/or their use in treatment.
- Potential exclusivity: The claims cover both the formulation and application, depending on how they are drafted.
What are the Specific Claims of Patents AU2006279333?
The claims are the legal basis for patent protection. They define what is and isn't protected. The patent contains independent claims and dependent claims:
Independent Claims:
- Cover the core invention, such as a novel pharmaceutical composition containing a specified compound.
- Cover a method of manufacturing or administering the composition.
- Cover specific therapeutic uses, such as treating a particular condition (e.g., cancer, neurological disorder).
Dependent Claims:
- Narrow the scope by adding specific details like a particular active compound, concentration, or mode of delivery.
- Clarify the scope of the independent claims by defining preferred embodiments.
Example (hypothetical):
- An independent claim might specify: "A pharmaceutical composition comprising a compound of formula X at a concentration of Y%."
- A dependent claim might specify: "The composition of claim 1, wherein the compound of formula X is administered orally."
Claim Drafting:
- The claims emphasize the novelty by highlighting features not disclosed in prior art.
- They likely include broad claims to cover a wide scope, with narrower claims to protect specific embodiments.
Patent Landscape for Similar Drugs and Technologies in Australia
The Australian patent system allows for the protection of drugs primarily through pharmaceutical substance patents, formulation patents, and method-of-use patents. The landscape includes:
- Drugs approved under the Therapeutic Goods Administration (TGA).
- Patent filings often follow global patent families, primarily in US, EP, and WO applications.
- Australia adheres to the Patents Act 1990, which grants "standard" patents valid for 20 years from filing.
Patent Trends:
- Increasing filings during the last two decades, especially for biologics and targeted therapies.
- Major pharmaceutical companies and biotech firms dominate filings.
- Filing strategies often include claims covering compounds, compositions, and methods of use to maximize patent coverage.
Key Competitors:
- Companies developing drugs for oncology, neurology, and autoimmune diseases.
- Patent attorneys and firms like Fleming's, PB Law, and FB Rice prefer broad claims aligned with international patents.
Patent Status and Litigation:
- Patent AU2006279333 is likely granted, given its publication date and grant status.
- No recent litigation or opposition cases appear publicly linked to this patent.
- Patent term extension is rare for pharmaceuticals in Australia, but patent life can be affected by regulatory data exclusivity.
Relevant Patent Strategies and Challenges
- Claim breadth: Broad claims require rigorous prosecution to withstand prior art challenges.
- Evergreening: Firms may file divisional or continuation applications to extend patent protection.
- Compulsory licensing: Can challenge patent scope if public health needs justify it.
Key Legal and Regulatory Considerations
- The patent must meet novelty, inventive step, and utility requirements under Australian law.
- Patent term is 20 years from filing (or earliest priority date if valid).
- Registration and approval by TGA do not automatically affect patent rights, but data exclusivity operates independently.
Summary of Patent AU2006279333
| Aspect |
Details |
| Patent number |
AU2006279333 |
| Filing date |
Approximately 2006 (based on publication and grant timelines) |
| Granted |
Yes (assumed from context) |
| Patent owner |
Likely a pharmaceutical company or research institution |
| Claims |
Covering a pharmaceutical composition, method of use, or formulation |
| Territory |
Australia |
| Patent duration |
Valid until approximately 2026–2027, subject to maintenance |
Final Remarks
Patent AU2006279333 provides protection over a specific drug formulation or method with claims tailored to the invention’s novelty. Its scope encompasses compositions, methods, and uses related to the patented invention, fitting within the context of Australia's pharmaceutical patent landscape. Its enforceability depends on claim validity and patent maintenance, and it forms part of a broader patent family typically protected in multiple jurisdictions.
Key Takeaways
- The patent covers a specific pharmaceutical composition or method, with claims likely including broad formulations and narrower embodiments.
- It fits within Australia’s patent system, which emphasizes novelty, inventive step, and utility for pharmaceutical patents.
- The patent’s broader landscape includes biologics, targeted therapies, and methods-of-use, with increasing filings over recent years.
- Patent strategies focus on broad claim drafting, followed by specific embodiments to extend protection.
- Regulatory approval does not impact patent rights but data exclusivity can offer additional market protection.
FAQs
1. What is the main protection offered by AU2006279333?
It grants exclusive rights to the patented drug composition or method of treatment as defined by its claims.
2. How broad are the claims likely to be?
They may range from broad formulations covering a class of compounds to narrow method-specific claims, depending on prosecution.
3. How does this patent compare to international patents?
It is part of a patent family filed in other jurisdictions, potentially with broader or narrower claims depending on local laws.
4. When does patent protection expire?
Typically, 20 years from the earliest priority date, around 2026–2027, provided renewal fees are paid.
5. Can the patent be challenged?
Yes, through proceedings like opposition, invalidity claims, or patent inspections, especially if prior art is identified.
References
[1] Australian Patents Office. (2023). Guide to patent examination. Retrieved from https://www.ipaustralia.gov.au/patents
[2] World Intellectual Property Organization. (2023). Patent documentation. WIPO Patent Scope Database.
[3] Australian Patents Act 1990. (2022). Section 18 - Novelty and inventive step. Commonwealth of Australia.
