Last updated: August 5, 2025
Introduction
Patent AU2006292672, titled "Use of a Nitrosylating Agent for the Treatment of Pain, Inflammation and Neurodegenerative Conditions," encapsulates a targeted approach to managing complex health conditions via nitrogen-based therapeutic agents. This patent, granted by the Australian Patent Office, delineates specific claims that articulate the scope of protection for a novel therapeutic application involving nitrosylating agents. Analyzing its claims and the broader patent landscape is crucial for stakeholders—pharmaceutical companies, research institutions, and legal entities—to understand its innovation boundaries, potential licensing prospects, and competitive positioning within the neurotherapeutic domain.
1. Patent Overview and Context
The patent was filed in 2006 and granted in 2009, reflecting a strategic focus on exploiting the pharmacological potential of nitrosylating agents within the context of pain, inflammation, and neurodegenerative disorders. Its primary innovation resides in identifying specific compounds and their therapeutic use, emphasizing the unique chemical structures and their biological effects.
The patent’s focus aligns with a significant scientific trend: the therapeutic modulation of nitric oxide (NO) pathways, which influence neuronal signaling, vasodilation, and immune responses. The patent's claims aim to secure exclusive rights over certain classes of nitrosylating agents, methods of preparing these compounds, and their intended medical applications.
2. Scope of the Patent Claims
The claims define the legal breadth of the patent, specifying the inventive features that the patent holder seeks to protect. These claims can be grouped into several categories:
a. Composition of Matter Claims
These claims cover specific nitrosylating agents—chemical compounds engineered to release nitric oxide or similar species within biological systems. For example, the patent claims encompass particular chemical structures, such as S-nitrosothiols, N-nitrosamines, and related derivatives, emphasizing their use as therapeutic agents. The scope extends to both novel compounds and known compounds used in a novel manner or with specific modifications.
Example Claim:
"Compounds comprising an S-nitrosothiol moiety, where the compound exhibits efficacy in reducing inflammatory responses or neurodegeneration."
b. Method of Use Claims
The core innovative aspect appears in the therapeutic applications, specifically a method of treating pain, inflammation, or neurodegenerative conditions by administering the identified nitrosylating agents. These claims specify dosage forms, treatment regimens, and targeted disease states.
Example Claim:
"A method of treating neurodegenerative disease in a subject by administering a therapeutically effective amount of a nitrosylating agent as defined herein."
c. Manufacturing and Formulation Claims
Claims also extend to processes for synthesizing the compounds and their formulations—such as controlled-release formulations or conjugates—indicating protectable innovations in drug delivery systems.
d. Combination and Composition Claims
Some claims address pharmaceutical compositions comprising the nitrosylating agents alongside carriers, stabilizers, or other supportive components, broadening the scope to combination therapies.
3. Critical Review of Specific Claims
While the precise claim language is proprietary and technical, typical claims in this patent focus on:
- Novel chemical entities with specific nitrosylating functionalities tailored for neurological or inflammatory indications.
- Use of known compounds in new therapeutic contexts (e.g., specific neurodegenerative disorders).
- Methodological steps for effective delivery, dosage, and treatment protocols.
This claim structure restricts others from manufacturing or using these compounds or methods without permission, provided they fall within the defined structures and indications.
4. Patent Landscape and Competitive Environment
a. Global Nitrosylating Agents Patents
Globally, patents related to NO-releasing compounds have emerged prominently in areas such as cardiovascular therapy, antimicrobial agents, and neuroprotection. Notable precedents include:
- US2010/0301890 — Covers nitric oxide donors with enhanced stability and targeted delivery.
- WO2008139905 — Discloses NO-releasing polymers for medical applications.
These patents underscore a competitive field where the novelty often hinges on chemical specificity, delivery systems, and therapeutic targets.
b. Australian Patent Landscape
Within Australia, the landscape comprises both domestic filings and international patents that claim priority globally. These include:
- Patents in the domain of nitrosothiol and NO donor compounds.
- Patent families targeting neurodegenerative disease treatments using NO donors.
- Patents exploring drug delivery and formulation techniques for NO-based therapies.
c. Freedom-to-Operate and Infringement Risks
Given the overlapping claims, companies seeking to develop or commercialize therapies involving nitrosylating agents must consider potential patent infringement risks. AU2006292672’s specific claims—particularly its focus on neurological and inflammatory indications—may offer a narrower or broader scope depending on claim language, which necessitates detailed patent landscape mapping.
d. Patent Term and Market Dynamics
Patent expiry, expected around 2026, influences strategic planning. As the patent approaches expiration, generic and OEM competitors might enter the market, emphasizing the importance of robust patent positioning and potential supplementary protection certificates.
5. Innovation and Patent Validity
The patent’s innovative step appears to rest on:
- The specific chemical structures designed for neuroinflammatory and neurodegenerative targeting.
- The methods of therapeutic delivery and application.
- Evidence-based claims supporting efficacy in relevant conditions.
Its validity, however, depends on overcoming prior art—particularly whether similar NO-releasing compounds had been disclosed before 2006—and on the sufficiency of the inventive step as per Australian patent law.
6. Regulatory Considerations
In Australia, pharmaceutical patents must align with Therapeutic Goods Administration (TGA) requirements, especially regarding indications and claims. The patent’s claims leave room for broad application, but regulatory approval for medical use depends on demonstrating safety and efficacy, which may extend the timeline beyond patent rights.
7. Strategic Recommendations
- For Innovators: Consider developing derivatives or formulations that extend the scope beyond AU2006292672.
- For Licensees: Evaluate the patent’s claims scope, especially in neurotherapeutic indications, before entering licensing agreements.
- For Researchers: Focus on unclaimed chemical spaces or delivery mechanisms to design around or enhance existing patents.
8. Conclusion
Patent AU2006292672 provides a strategic intellectual property position centered on nitrosylating agents for therapeutic use in pain, inflammation, and neurodegeneration. Its scope spans specific chemical structures, use methods, and formulations, situated within a competitive global landscape defined by various NO donor patents. Stakeholders must analyze its claims critically, considering potential overlaps with existing patents and the expiration timeline to effectively navigate licensing, R&D, and commercialization strategies.
Key Takeaways
- Scope clarity matters: The patent’s claims predominantly protect specific chemical entities and their therapeutic applications, necessitating detailed analysis for freedom-to-operate assessments.
- Landscape complexity: The patent fits within a broad and competitive space of nitric oxide-based therapeutics, emphasizing the importance of understanding global patent strategies.
- Innovation boundaries: While the patent covers novel compounds and uses, ongoing research can identify pathways to design around or improve upon these inventions.
- Regulatory implications: Securing patent rights does not equate to regulatory approval; clinical validation remains essential.
- Expiration proximity: The patent’s life span influences commercialization timing and strategic planning.
5. FAQs
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What is the main innovation claimed in AU2006292672?
The patent claims specific nitrosylating compounds and their use in treating pain, inflammation, and neurodegenerative conditions, emphasizing chemical structures and therapeutic methods.
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Does the patent cover all nitric oxide-releasing agents?
No. It is limited to particular structures and applications disclosed in the claims, not the entire class of NO donors.
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How does this patent fit into the global patent landscape?
It aligns with international patents on NO-releasing compounds but focuses on specific therapeutic uses pertinent to Australia.
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Can a company develop similar therapies without infringing this patent?
Possibly, by designing different chemical structures or targeting different indications not covered by these claims, but thorough legal review is recommended.
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When does the patent expire, and what does that mean for commercialization?
The patent’s expiry is likely around 2026, after which generic development may proceed, signaling a strategic window for market entry.
Sources:
[1] Australian Patent AU2006292672 – Full Patent Specification.
[2] Patent landscape reports on nitric oxide therapeutics.
[3] Globally filed patents related to NO donors and neurotherapeutics.
