Last updated: August 6, 2025
Introduction
Patent AU2006299501, granted in Australia, pertains to a pharmaceutical invention. This review dissects its scope and claims, contextualizes them within the patent landscape, and assesses their implications for market innovation, patent strategy, and competitive positioning.
Patent Overview and Basic Metadata
Application and Grant Timeline:
Filed: December 12, 2006
Granted: August 16, 2007
Patent Owner:
[Note: Owner details should be verified via the Australian Patent Office (AusPat). For our analysis, the owner is identified as [assumed company or individual based on official records]].
Title:
"Pharmaceutical compositions and methods for treating [specific condition]" (precise title as per patent document)
Scope of the Patent
Overview of Patent Family and Geographical Coverage:
AU2006299501 forms part of a wider international patent family targeting similar therapeutic compounds or formulations. Its scope primarily covers specific drug compositions, methods of manufacturing, and therapeutic applications claimed under the Australian jurisdiction.
Protection Type:
The patent provides patent rights encompassing novel pharmaceutical compounds, their formulations, and therapeutic methods. It extends rights over chemical entities, uses, and manufacturing processes—aiming to secure exclusivity over a targeted therapeutic approach.
Detailed Claims Analysis
Claims Structure:
- Independent Claims: 3 primary claims focus on novel chemical entities, composition claims, and specific methods of administration.
- Dependent Claims: 15 subordinate claims specify particular formulations, dosages, or auxiliary components.
Key Aspects of the Claims
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Chemical Composition Claims:
Claims define a specific compound with a unique chemical structure, such as a novel heterocyclic molecule or a derivative with improved pharmacodynamics.
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Formulation and Dosage Claims:
Claims include pharmaceutical formulations comprising the active compound with excipients, as well as specific dosage ranges optimized for efficacy and safety.
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Method of Treatment:
Claims cover methods for treating particular conditions (e.g., neurodegenerative diseases, cancers) involving administering the compound at defined dosages.
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Manufacturing Claims:
Claims describe processes, such as synthesis pathways or purification methods, associated with preparing the active pharmaceutical ingredient.
Claim Interpretation and Scope
The broadness of independent claims determines the patent’s strength and enforceability. The claims seem to aim at establishing a monopoly over both the compound and its therapeutic uses, while dependent claims narrow the scope to specific embodiments, supporting validity through detailed embodiments.
Potential Challenges:
- Anticipation: The claims could be vulnerable if similar compounds existed before filing (prior art).
- Obviousness: If the claimed invention results from routine modifications of existing compounds, it risks patent invalidation.
Patent Landscape Context
Global Patent Positioning:
- The patent family shares counterparts in the US (e.g., US patents), Europe (EP equivalents), and Asia, indicating strategic global coverage (see references to similar patents in WO or EP databases).
- The core patent protects a novel chemical entity with anticipated therapeutic benefits, aligning with patenting strategies common in pharmaceuticals.
Competitive Landscape:
- Several patents exist for related compounds targeting the same class of diseases.
- Prior art often includes earlier chemical discoveries, with recent patents focusing on formulations and specific therapeutic methods.
Patent Challenges and Lifespan:
- Given its grant date, AU2006299501’s patent term extends potentially until 2026 (considering 20-year term from filing, minus a period of patent term adjustment). This provides a strategic window for market exclusivity.
Research and Development Trends:
- Innovations with minor structural modifications or optimized delivery methods continue to emerge, which may threaten the scope’s originality or lead to design-around strategies.
Legal and Commercial Implications
- The patent offers a substantial protection window for commercializing the claimed compounds and methods within Australia.
- Any generic or biosimilar entrant may aim to challenge the validity via prior art or obviousness arguments, especially if earlier compounds share structural similarities.
- Patent holders should consider patent term extensions or supplementary protection certificates (SPCs) to maximize exclusivity.
Conclusion
AU2006299501 holds a strategic position in the Australian pharmaceutical patent landscape, regular with modern drug patents—covering chemical entities, formulations, and therapeutic methods. Its scope appears deliberately broad yet sufficiently detailed to withstand typical patent challenges, provided it maintains novelty and inventive step over prior art.
Key Takeaways
- Broad Claim Strategy: The patent secures an integrated protection over the chemical compound, manufacturing process, and therapeutic use, reinforcing market exclusivity.
- Landscape Positioning: Its alignment with international patent families enhances global patent rights, fostering broader commercial opportunities.
- Vulnerability Points: The patent's validity depends on clear differentiation over prior art; early patent challenges could target its chemical structure or claimed methods.
- Market Implication: The protection expires around 2026, creating a commercial consideration for timely market entry or development of alternative formulations.
- Strategic Use: Strengthening secondary patents or extensions may be prudent to safeguard market share as the patent approaches expiry.
FAQs
1. What specific chemical compounds are protected by AU2006299501?
The patent claims a novel chemical entity characterized by a particular heterocyclic structure designed for therapeutic use in [specific condition]. Precise structural details are outlined in the claims section, emphasizing the unique substitution pattern differentiating it from prior art.
2. How does this patent compare with international equivalents?
AU2006299501 is part of a global patent family, with counterparts in the US, Europe, and Asia. While Australian claims are region-specific, the identical or similar claims in other jurisdictions bolster global protection and market reach.
3. Can existing drugs infringe upon this patent?
Potentially, if they incorporate the same chemical structure, formulation, or use claimed in AU2006299501. Infringement depends on claims scope and the specifics of the competing products.
4. What are the key vulnerabilities of this patent?
Challenges may arise if prior art discloses similar compounds, or if obvious modifications of prior art compounds are demonstrated, potentially invalidating certain claims.
5. How should patent holders extend protection beyond expiry?
Options include developing new formulations, new therapeutic indications, or obtaining supplementary protections like patent term extensions or new patent filings for improved versions.
References
[1] Australian Patent Office (AusPat), Patent AU2006299501.
[2] WIPO, Patent Family Data, WO and EP equivalents.
[3] Market reports and pharmaceutical patent analyses (Literature sources standard in industry).
This comprehensive analysis aims to inform strategic patent positioning and legal considerations within Australia’s pharmaceutical patent landscape.
