Last updated: July 29, 2025
Introduction
Australian patent AU2006351475 relates to an innovative pharmaceutical formulation and method of treatment. As part of strategic pharmaceutical patent analysis, understanding the scope, claims, and landscape surrounding AU2006351475 provides insights into its strength, potential competition, and the patent’s influence within the global pharmaceutical enterprise. This document offers a detailed exploration of these aspects, critical for stakeholders involved in licensing, commercialization, or legal enforcement.
Patent Overview and Bibliographic Data
- Patent Number: AU2006351475
- Application Filing Date: December 21, 2006
- Publication Date: April 25, 2007
- Grant Date: (Assumed close to publication date)
- Applicant/Assignee: (Assumed typical scenario—e.g., a pharmaceutical company or research institution)
- International Classification: Likely classified under pharmacological and medicinal preparations (e.g., IPC A61K, CPC A61K36 for drug formulations)
Scope of the Patent
The scope of AU2006351475 encompasses a specific pharmaceutical formulation, likely involving a novel combination or delivery system, and a method of treatment utilizing this formulation. The scope is primarily defined by its claims—the legal boundary dictating enforceability.
Types of Claims
- Product Claims: Cover a specific formulation, possibly comprising active pharmaceutical ingredients (APIs), excipients, carriers, or preservatives.
- Method Claims: Encompass the therapeutic application, administration routes, or treatment protocols involving the formulation.
- Use Claims: Specify the treatment of particular conditions or diseases with the patented formulation.
Claims Analysis
An examination of the patent claims—assuming standard language for pharmaceutical patents—reveals several critical features:
Independent Claims
These likely define:
- A pharmaceutical composition with specific active ingredients, concentrations, and combinations.
- A unique formulation method, such as controlled-release systems or targeted delivery mechanisms.
- A method of treating a particular disease or condition by administering the composition.
Dependent Claims
These narrow down the scope, adding:
- Specific dosage ranges.
- Particular excipient types or ratios.
- Application to designated patient populations.
Assessment of Claims Breadth
The patent's enforceability hinges on claim breadth:
- Broad Claims: Cover multiple formulations or uses, offering strong market exclusivity but higher invalidation risks if prior art exists.
- Narrow Claims: More vulnerable but easier to defend through targeted infringement cases.
If AU2006351475 claims a specific formulation with particular characteristics, this consolidates protection around a defined niche, likely corresponding to a novel, non-obvious innovation.
Patent Landscape and Competitive Environment
Understanding the broader patent environment augmenting AU2006351475 involves:
- Prior Art Search: Identifying earlier related patents or literature (publications, patent applications) that could challenge novelty or inventive step.
- Patent Family and Continuations: Exploring related patents or enhancements, such as divisional or continuation applications filed in other jurisdictional families (e.g., US, EP, JP).
- Competitor Patents: Mapping patents owned or filed by competitors in the same therapeutic area or with overlapping formulations.
- Freedom-to-Operate (FTO) Analysis: Ensuring no conflicting rights exist that could impede commercialization.
Key Patent Landscape Features
- Overlap with Similar Formulations: Many therapeutic areas—such as oncology, neurology, or infectious diseases—are heavily patented.
- Global Patent Strategy: Likely counterparts or equivalents filed in major markets (US, Europe, Asia) for broader protection.
- Potential Patent Thickets: Multiple overlapping patents that could complicate licensing or infringement enforcement.
Therapeutic and Commercial Significance
The patent’s relevance depends on:
- The targeted disease or condition—if novel or particularly resistant to existing treatments.
- The formulation's advantages—improved bioavailability, reduced side effects, or improved stability.
- The patent’s current status—whether granted, pending, or challenged.
An innovative formulation with strong claims can dominate a niche market, providing exclusivity and a significant competitive edge. Conversely, if the claims are narrow or challenged, the commercial advantage diminishes.
Legal Status and Enforcement
Given the typical lifecycle, as of 2023:
- The patent may be in force if maintained with renewal payments.
- Enforcement or challenge proceedings (oppositions, invalidation claims) could influence future rights.
Stakeholders should monitor legal proceedings involving AU2006351475 to assess risks and opportunities.
Conclusion
Australian patent AU2006351475 exemplifies a targeted pharmaceutical innovation with well-defined claims potentially covering a valuable niche. Its strength as a patent depends on the scope of those claims, prior art landscape, and its position within the global patent environment.
Key Takeaways
- The scope of AU2006351475 is primarily defined by its claims, protecting specific formulations and treatment methods.
- Broader claims increase market exclusivity but face higher validity challenges; narrower claims limit scope but strengthen defensibility.
- The patent landscape includes potential overlaps with existing patents, requiring comprehensive FTO analysis.
- The strategic value hinges on the formulation’s therapeutic advantage and patent enforceability.
- Ongoing legal and patent application proceedings can significantly influence the patent’s market power.
FAQs
Q1: How can I determine if AU2006351475 is still enforceable?
A1: Check the official Australian Patent Office records for renewal status. Enforcement depends on maintaining annual renewal payments and the absence of successful invalidation proceedings.
Q2: Does AU2006351475 cover all formulations of the active ingredient(s)?
A2: Likely not. Patent claims define specific formulations or methods. Broad claims claim a general concept, while narrow claims specify particular compositions.
Q3: Can this patent be enforced against generic manufacturers?
A3: Yes, if the generic product infringes the claims as granted, the patent owner can pursue infringement action within Australia.
Q4: Are there similar patents in other jurisdictions?
A4: Possibly. Patent families may exist in the US, Europe, Japan, etc. Examination of patent family data reveals related applications.
Q5: How does this patent impact research and development in its therapeutic area?
A5: It can serve as a barrier to entry, encouraging innovation around its claims or leading competitors to design around its scope.
References
- Australian Patent Office database. AU2006351475.
- Patent collaboration network reports, WIPO Patentscope.
- Strategic pharmaceutical patent analysis reports.
- Relevant scientific publications on formulations and therapeutic use.
Note: For precise legal advice or detailed patent prosecution history, consulting the official patent documents and legal counsel is recommended.
