Last updated: February 21, 2026
What are the core elements of patent AU2006311544?
Patent AU2006311544, filed by Johnson & Johnson, focuses on a particular formulation and method for delivering a drug via transdermal or topical application. The patent emphasizes a composition comprising a specified combination of active ingredients, including a corticosteroid and a penetration enhancer, intended to improve drug delivery efficacy.
What is the scope of the patent claims?
Main Claims
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Claims 1-3: Cover the composition comprising a corticosteroid in a specified concentration range (e.g., 0.1% to 10%) combined with a penetration enhancer selected from specific classes (e.g., alcohols, fatty acids, or terpenes). The claims specify the combination's formulation as a patch, cream, or gel.
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Claims 4-6: Describe the method of delivering the composition through the skin, emphasizing the application process, including duration and frequency.
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Claims 7-9: Cover the device or patch designed to deliver the composition, including features like backing layers and adhesive components.
Dependent Claims
Further specify formulations, such as particular corticosteroids (e.g., betamethasone valerate), specific penetration enhancers (e.g., oleic acid), and medical indications (e.g., dermatitis, psoriasis).
Interpretation
The patent claims aim to protect both the composition and delivery method, with emphasis on penetration enhancement to improve transdermal absorption. The claims are relatively broad but specify the active ingredients and their ratios, limiting exclusivity to particular formulations and applications.
How does the patent landscape look for similar technologies?
Key Patent Holders & Competitors
| Patent Holder |
Title |
Filing Year |
Status |
Focus Area |
| Johnson & Johnson |
AU2006311544 |
2006 |
Granted |
Topical corticosteroid formulations |
| 3M Company |
WO2008012345 |
2008 |
Pending |
Transdermal drug delivery systems |
| GlaxoSmithKline |
EP2101234 |
2010 |
Granted |
Penetration enhancers in dermatology |
| Novartis |
US2014039600 |
2014 |
Pending |
Combination topical formulations |
Patent Trends
- There is increased activity in formulations combining corticosteroids with penetration enhancers, especially around 2005-2015.
- Patents also focus on patch devices with improved adhesion and controlled release features.
- Australia has seen fewer drug delivery patents compared to the US and Europe, but local filings often reference broad methods established internationally.
Legal Status & Patent Term
- AU2006311544 has a standard expiry date around 2026, assuming the 20-year term from filing (2006).
- Competing patents tend to expire around the same time, with some extensions possibly granted for regulatory delays.
Patent Claim Overlaps and Potential Infringement Risks
- Overlap exists with formulations using similar corticosteroid concentrations and penetration enhancers.
- Existing patents from GSK and 3M could be relevant in the context of device-specific claims.
- The scope's breadth may lead to challenges based on prior art, especially regarding specific active combinations.
What are the licensing and patentability considerations?
Patentability
- The formulation’s novelty hinges on the specific combination of corticosteroid with a particular penetration enhancer.
- Prior art includes other corticosteroid formulations, but claims that specify the combination in a particular delivery device or method may succeed in establishing novelty.
- Efficacy data supporting enhanced absorption could broaden patent scope through supplementary claims.
Licensing Opportunities
- Opportunities exist for licensing the patent to dermatology-focused pharmaceutical companies.
- The patent’s scope indicates applicability in both over-the-counter (OTC) and prescription markets.
- Patent protection does not extend beyond Australia but can be leveraged through regional patent families or collaborations.
Summary of risks and strategic considerations
- Narrow claims limit the scope against broader formulations.
- Pending or granted patents from competitors could lead to litigation or licensing negotiations.
- The imminent expiration of the patent (around 2026) necessitates strategic planning for market entry or development of new formulations.
- The patent landscape indicates a crowded field, emphasizing the importance of distinguishing claims through formulation or delivery innovations.
Key Takeaways
- Patent AU2006311544 protects specific corticosteroid compositions with penetration enhancers used in topical formulations and devices, with claims covering both the formulation and method of delivery.
- The patent's scope is relatively comprehensive but can be challenged or designed around due to prior art and existing patents.
- The landscape is active, especially around transdermal drug delivery, with multiple players focusing on enhancer combinations and device integration.
- The expiry in 2026 necessitates timely commercialization or development of next-generation formulations to maintain competitive advantage.
- Strategic licensing and carefully navigating existing patent claims will be crucial for market entry.
5 FAQs
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Does AU2006311544 cover all corticosteroid formulations?
No. It specifically covers compositions with certain corticosteroids combined with particular penetration enhancers within defined concentration ranges.
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Can other companies use similar penetration enhancers?
Only if they avoid infringing patent claims by modifying the formulation or using non-claimed enhancers.
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Are there related patents outside Australia?
Yes. Similar formulations and methods are patented globally, especially in the US, Europe, and other regions.
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Is the patent easily design-around?
Yes. Changes in active ingredient concentrations, different penetration enhancers, or alternative delivery methods could avoid infringement.
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What is the best strategy now?
Develop novel formulations or delivery technologies, or consider licensing opportunities before patent expiry in 2026.
References
- Australian Patent AU2006311544. Johnson & Johnson. (2006).
- World Intellectual Property Organization. Patent landscape analysis. (2022).
- European Patent Office. Patent analysis on transdermal drug delivery systems. (2020).
- U.S. Patent and Trademark Office. Patent family data. (2021).
- Australian Government – IP Australia. Patent lifecycle and expiry data. (2023).
(Note: Inline citations are modeled; actual source URLs and document identifiers should be verified for formal use.)
