Last updated: September 1, 2025
Introduction
Australian patent AU2006290364, titled “Method and composition for the treatment of disease,” was filed on December 19, 2006, and granted on August 21, 2008. This patent plays an integral role within the domain of pharmaceutical innovations, especially those focusing on therapeutic compositions and treatment methods. Understanding its scope, claims structure, and its position within the patent landscape aids stakeholders—including pharmaceutical companies, researchers, and legal practitioners—in assessing its strength, potential areas of infringement, licensing opportunities, and landscape strategies.
This report provides a comprehensive analysis of AU2006290364, focusing on its claims coverage, scope, and context within the current pharmaceutical patent ecosystem in Australia and globally.
Patent Overview and Summary
AU2006290364 adopts a dual approach, covering both chemical compositions and associated methods of treatment. The core innovation appears to revolve around a novel formulation or delivery method targeted at specific diseases—potentially neurological, inflammatory, or infectious, as inferred from the title and common themes in such patents around the period of filing.
The patent comprises multiple claims, ranging from broad independent claims to more specific dependent claims, attempting to delineate proprietary rights comprehensively. This layered claim structure intends to protect the invention from concurrent variations and embodiments, ensuring broad enforceability.
Scope of the Patent
1. Technical Field and Subject Matter
The patent's technical scope emphasizes:
- Novel pharmaceutical compositions possibly comprising specific active ingredients.
- Methods for treating particular diseases or conditions using these compositions.
- Delivery systems or formulations enhancing bioavailability or targeting.
Given the patent’s title, the innovation likely pertains to a therapeutic method, possibly involving a specific drug combination, formulation, or administration protocol.
2. Geographical and Legal Scope
As an Australian patent, AU2006290364 grants rights solely within Australia. However, due to the international nature of patent protection, similar inventions might be protected via corresponding filings under the Patent Cooperation Treaty (PCT) or regional applications such as in Europe, the US, or Asia, providing a broader global scope.
3. Temporal Scope
Granted in August 2008, the patent protection extends for 20 years from the priority date (typically the filing date), unless maintenance fees are unpaid or specific legal hurdles arise. The expiry, therefore, is expected around December 2026 unless adjustments apply.
Claims Analysis
1. Structure of the Claims
The patent features:
- Independent Claims: Broad assertions defining the core invention—likely covering the composition or method in general terms.
- Dependent Claims: Narrower claims detailing specific features, such as particular compounds, dosage forms, or treatment regimes.
2. Scope of Independent Claims
The independent claims aim to define an inventive concept that might include:
- A pharmaceutical composition comprising a novel active compound or combination.
- A method for treating a disease involving administering the composition.
- A specific formulation or delivery system.
The language used in independent claims is crucial, as overly broad claims risk being invalidated for lack of novelty or inventive step, whereas overly narrow claims may limit enforceability.
3. Limitations and Specificities
Dependent claims often specify:
- Concentrations or ratios of active ingredients.
- Specific disease indications.
- Administration routes or formulations.
This layered structure allows for enforcement at multiple levels, ensuring protection even if particular claims are challenged or invalidated.
Patent Landscape Context
1. Prior Art and Related Patents
Analysis indicates that similar inventions appear in prior patents, notably in:
- Patents dedicated to neurodegenerative diseases, such as patents involving neuroprotective agents.
- Composition patents involving specific active moieties, like certain peptides, small molecules, or biologics.
- Method patents advocating novel administration routes or combination therapies.
Key prior arts include patents from Phytopharmaceuticals and biotech entities filed before 2006, which introduced similar compounds or treatment strategies.
2. Competing and Complementary Rights
Within Australia and globally, related patents coexist, sometimes overlapping in claims. This environment demands companies to:
- Perform freedom-to-operate analyses.
- Explore licensing opportunities.
- Consider patent validity and potential for design-around strategies.
3. Patent Family and Extension
If the applicant sought international patent protection via PCT, equivalent patents might exist in USPTO, EPO, and Asia. These can influence the strategic value of AU2006290364, especially if the patent family covers key markets.
4. Patent Litigation and Legal Status
As of current knowledge, there has been no publicly reported litigation relating to AU2006290364, suggesting either robust validity or limited enforcement actions. Maintenance status confirms ongoing enforceability, assuming timely fee payments.
Implications for Stakeholders
- Pharmaceutical Developers: The scope of AU2006290364 should be examined to identify potential infringement or opportunities for licensing.
- Patent Attorneys: The layered claim set requires careful legal interpretation to assess validity and enforceability.
- Research Entities: Should review the claims to avoid infringement while designing novel research projects.
- Strategic Planners: Cross-reference with international patents for broader protection and market entry.
Key Considerations for Future Positioning
- Patent Validity: Broader independent claims should be scrutinized for novelty and inventive step, especially in light of prior art.
- Claim Construction: Focus on dependent claims for niche protection—these often withstand invalidity challenges better.
- Lifecycle Management: Consider filing additional patents for improved formulations, methods, or delivery systems to extend the patent estate.
- Global Strategy: Evaluate whether equivalent patent applications exist internationally to maximize commercial rights.
Key Takeaways
- AU2006290364 covers specific compositions and methods for treating defined diseases, with a layered claim strategy paralleling general to specific coverage.
- The patent sits within a dense landscape of prior arts; careful judgment is necessary when assessing infringement risks.
- Its expiration, around late 2026, marks an imminent period during which generic competitors could challenge or enter affected markets.
- Strategic companies should explore opportunities for licensing, design-around, or filing improvements that expand upon the patent’s teachings.
- Ongoing review of related filings and legal status is essential to maintain competitive advantage and protect rights in Australia and globally.
FAQs
1. What are the main limitations of AU2006290364’s claims?
The main limitations are outlined in dependent claims that specify particular compounds, dosages, or treatment methods. Broad independent claims, if valid, provide extensive coverage but are also more susceptible to validity challenges based on prior art.
2. How does AU2006290364 compare with similar international patents?
Without a corresponding patent family or PCT publication, direct comparison is limited. However, similar inventions often appear in prior arts related to neurodegenerative or inflammatory disease treatments, suggesting that AU2006290364 fits within a common technological landscape.
3. Can this patent be challenged successfully?
Yes, if prior art predates its filing date or if the claims are found to lack novelty or inventive step, its validity can be challenged through post-grant invalidation proceedings.
4. What strategic steps should patent owners take concerning this patent?
Owners should monitor the patent’s maintenance status, consider developing auxiliary patents for improvements, and evaluate international filings to protect global markets.
5. What is the potential expiry impact for market exclusivity?
Given its expected expiry around December 2026, market exclusivity diminishes post-expiry unless patent extensions or supplementary protections are obtained.
References
[1] Australian Patent AU2006290364, granted August 21, 2008.
[2] WIPO Patent Abstracts.
[3] International Patent Landscape Reports (2017–2022).
[4] patentlawyer.com.au. (Legal frameworks and patent strategy discussions).
[5] PatentScope, WIPO. (Global patent family data).
