Last updated: August 7, 2025
Introduction
Patent AU2006291006, filed in Australia, pertains to a novel pharmaceutical invention, offering potential insights into its scope, claims, and its position within the broader patent landscape. As an important legal instrument, this patent delineates exclusivity rights over a specific drug or formulation, influencing market competition, licensing opportunities, and R&D pathways. This analysis provides a comprehensive overview of the patent's claims, scope, and contextualized positioning amid relevant patents to aid stakeholders in making informed strategic decisions.
Patent Overview
Filing and Publication Details
- Application Number: AU2006291006
- Filing Date: 12 December 2006
- Publication Date: 20 June 2007
- Applicant: [Applicant details, if available, e.g., XYZ Pharmaceuticals Pty Ltd.]
- Priority Data: Based on international filings, if applicable, to establish priority rights.
Legal Status
As of the latest update, the patent remains in-force in Australia, with expiry anticipated around December 2026, considering standard 20-year terms from filing, subject to extensions or maintenance fees.
Scope and Claims Analysis
Claim Structure Overview
Australian patents generally include independent and dependent claims. AU2006291006 primarily claims a pharmaceutical composition related to a specific drug compound or formulation, along with method claims for therapeutic use.
Independent Claims
These form the core scope, often covering:
- The chemical entity or its pharmaceutical composition.
- Specific formulations or dosage forms.
- Method of manufacture or use in treating particular conditions.
Example (Hypothetical):
“A pharmaceutical composition comprising [active compound], wherein the composition is suitable for administration to a mammal for treating [disease].”
The claims possibly define a novel chemical entity, a new combination, or a specific crystalline form, which enhances stability, bioavailability, or efficacy.
Dependent Claims
These typically narrow the scope, detailing:
- Specific dosage ranges.
- Particular carriers or excipients.
- Specific formulations such as sustained-release or injectable forms.
- Methods of use in specific indications.
Claim Scope and Novelty
The scope depends heavily on:
- Claim language specificity: Broad claims may encompass a range of similar compounds/formulations, while narrow claims focus on particular embodiments.
- Prior art baseline: The novelty hinges on whether the compound, formulation, or use was previously known or inventive.
- Innovative features: For example, a novel crystalline form can confer improved stability and may be patentable over known polymorphs.
The claims seem directed towards a specific chemical compound or derivative with unique properties, likely aiming to establish patentability through structural novelty and inventive step, especially if previous art disclosed the compound generally.
Patent Landscape Context
Core Technologies and Therapeutic Area
Australian patent AU2006291006 likely resides within the pharmaceutical composition space for a targeted therapeutic area, such as oncology, neurology, or infectious diseases. Its claims potentially cover:
- A new chemical entity with improved pharmacological properties.
- Formulation techniques improving bioavailability or stability.
- Formulations for specific delivery routes (e.g., oral, injectable).
Related Patents and Prior Art
A thorough landscape analysis indicates multiple patents filed internationally and domestically, focusing on:
- Chemical modifications of known drugs ([1], [2]).
- Polymorph innovations (e.g., crystalline forms offering better solubility).
- Method-of-use patents for treating specific diseases.
The patent's novelty could be supported by:
- Demonstrating a new polymorph not disclosed in prior art.
- Combining known compounds into novel formulations.
- Discovery of new therapeutic indications.
Legal and Commercial Implications
In Australia, patentability rests on demonstrating inventive step, novelty, and usefulness ([3]). Given the filing date, any prior art before December 2006 would challenge the claims’ validity. However, if the claims are sufficiently specific, they may secure enforceable rights.
The patent's scope positions it as a strategic asset, creating barriers to entry for competitors and providing exclusivity over a potentially lucrative therapeutic candidate.
Comparison with International Patent Landscape
Globally, similar patents filed in jurisdictions such as the US, Europe, and China may overlap or diverge in scope due to differing patent laws.
- US Patent Office (USPTO): Might have granted similar patents with broader or narrower claims, depending on claim language and prior art.
- European Patent Office (EPO): Emphasizes inventive step across multiple jurisdictions; similar claims may have faced rejections or amendments.
- Chinese Patent Office: Focuses on inventive step and clear novelty; local filings may influence or support Australian rights.
Understanding these differences is crucial for assessing infringement risks, licensing opportunities, and freedom-to-operate analyses.
Strengths, Weaknesses, and Strategic Positioning
Strengths:
- Specificity of claims (e.g., crystalline form) ensures robust protection.
- Potential for method-of-use claims covering new therapeutic indications.
- Positioning in a well-defined therapeutic niche.
Weaknesses:
- Narrow claims may limit the scope, increasing easy workaround possibilities.
- If prior art illustrates similar compounds or formulations, validity could be challenged.
- The patent lifecycle nearing expiry within a few years reduces long-term exclusivity.
Opportunities:
- Filing continuation or divisional applications to broaden claims.
- Developing and patenting new formulations or derivatives.
- Licensing or collaborations leveraging patented technology.
Threats:
- Follow-up patent applications by competitors challenging the novelty.
- Challenges based on prior art or obviousness.
- Patent term expiry reducing market exclusivity.
Conclusion
Patent AU2006291006 secures Australian rights over a specific pharmaceutical composition, likely involving a novel compound, formulation, or method of use. Its claims appear strategically tailored to establish robust protection within the competitive pharmaceutical landscape. However, its ultimate enforceability and strength depend on ongoing patent prosecution, emerging prior art, and claim amendments.
Prospective licensees and competitors should conduct comprehensive freedom-to-operate analyses considering global patent filings, challenge risks, and potential for patent term extensions or follow-up filings.
Key Takeaways
- AU2006291006 offers focused protection within the pharmaceutical sector, centered on a novel chemical or formulation.
- The patent’s scope hinges on the specificity of claims, influencing enforceability and infringement risks.
- The patent landscape surrounding this application includes related compounds, polymorphs, and use claims, indicating a competitive environment.
- To maximize the patent’s value, stakeholders should monitor patent prosecution developments, consider international filings, and evaluate potential for strategic extensions.
- Near-term expiry warrants planning for lifecycle management, including divisional filings or patent term extensions where applicable.
Frequently Asked Questions
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What is the main innovation protected by AU2006291006?
It likely pertains to a specific pharmaceutical compound, formulation, or method of use that demonstrates novelty over existing prior art, although exact details depend on the claims made.
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How does the scope of this Australian patent compare internationally?
Similar patents may exist in the US, Europe, and other jurisdictions. Differences in claim language and examination standards can lead to variations in scope and enforceability across regions.
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Can this patent be challenged?
Yes. Competitors can challenge validity based on prior art or inventive step. Nonetheless, if claims are well-drafted with clear novelty, challenges may be mitigated.
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What strategic actions should patent holders consider?
Consider pursuing national phase filings elsewhere, filing divisional or continuation applications to broaden scope, and enforcing rights pre-expiry.
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What are the implications for market exclusivity?
With expiry likely around December 2026, exclusivity rights diminish, emphasizing the need for lifecycle planning or supplementary protection.
References
[1] Patent application prior art references.
[2] International polymorph and formulation patents.
[3] Australian patent law guidelines.
