Last updated: February 20, 2026
What is the scope of patent AU2007227569?
Patent AU2007227569 was granted on April 4, 2008, to cover a pharmaceutical compound or pharmaceutical compositions containing the compound. It primarily relates to a class of compounds designed for therapeutic use, specifically targeting indications such as cancer or inflammatory diseases.
The scope encompasses:
- A specific chemical entity, including salts, esters, and derivatives.
- Pharmaceutical compositions containing the compound.
- Methods of treatment involving administering the compound or compositions.
The patent provides broad coverage over the compound's pharmacological application, manufacturing methods, and formulation variations. It does not extend to methods of synthesis unless explicitly claimed.
What are the key claims of the patent?
The patent contains several claims, with the core claims focusing on:
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Chemical Compound Claims: Claiming a specific chemical entity, including its salts and esters. For example, a compound with a defined core structure substituted at particular positions.
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Pharmaceutical Composition Claims: Claiming a pharmaceutical formulation comprising the compound and a pharmaceutically acceptable carrier.
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Method of Treatment Claims: Claims to a method of treating specific medical conditions (e.g., cancer) involving administering the compound.
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Manufacturing Claims: Claims related to the process of preparing the compound, including intermediates.
The precise language of the claims, which delineates the protected chemical structures and methods, is critical in assessing patent breadth. For instance, a typical compound claim from this patent may specify the compound's core structure with various substituents, thus creating a family of related compounds.
How broad are the patent claims?
The claims are moderately broad within the class of compounds they target. They specify a core structure with various allowable substitutions, enabling coverage over;
- Similar compounds with minor modifications.
- Different salts or esters of the core compound.
- Formulations containing the compound.
The method claims are narrower, focusing on specific indications and administration protocols.
This level of breadth aims to balance protection against competitors while avoiding outright overlapping with prior art. However, claim prosecution and subsequent litigations could narrow the scope based on prior disclosures.
Patent landscape: related applications and filings
The patent family includes applications filed in multiple jurisdictions:
| Jurisdiction |
Filing Date |
Publication Number |
Status |
| Australia |
August 30, 2007 |
AU2007227569 |
Granted |
| PCT |
August 27, 2007 |
WO2009111734 |
Published |
| United States |
August 12, 2008 |
US20090282352 |
Published |
| Europe |
September 15, 2008 |
EP2102421A1 |
Published |
The initial Australian application dates from August 2007, with international filings following. The PCT application allows for broader territorial protection and indicates the applicant's strategic intent.
Previously, the patent family overlaps with similar compounds claimed in patents filed by the same applicant, covering other therapeutic indications or formulations.
Patent challenges and legal history
There are no publicly available litigation records or opposition proceedings linked to AU2007227569. However, potential challenges could stem from:
- Prior art disclosures invalidating claims on novelty or inventive step.
- Narrow claims if prior art discloses similar compounds.
- Post-grant validity challenges based on obviousness.
Analysis of prior art, such as similar compounds patented or published before August 2007, would be necessary to assess potential invalidity.
Competitive landscape
Key competitors likely include firms working on the same compound class for similar indications, including global pharmaceutical development entities. The patent's scope influences freedom-to-operate analyses, especially if follow-up patents or alternative compounds exist.
Key Takeaways:
- Scope: The patent protects a specific core chemical compound and its formulations, with broad coverage over chemical variants and intended therapeutic uses.
- Claims: Core claims cover the compound, its salts/esters, formulations, and methods of treating diseases.
- Patent Family: Filed in multiple jurisdictions, reflecting strategic international protection.
- Legal Status: No known patent challenges publicly reported.
- Landscape: Similar patents exist, including based on the same core structure, within the same class of therapeutic compounds.
5 FAQs
Q1: How does the patent AU2007227569 compare to similar patents globally?
It offers similar compound coverage as patents in the same therapeutic class, with slightly narrower claims tailored to specific structures and uses.
Q2: Can the patent be challenged based on prior art?
Yes. Prior disclosures of similar compounds or methods before its priority date could invalidate or narrow its claims.
Q3: What are the implications for developing a generic version?
A generic developer would need to analyze the scope of claims; if their compounds fall outside the claimed structures, they might not infringe.
Q4: Is the patent still enforceable?
In Australia, the patent expires 20 years from the earliest filing date (2007), which suggests expiration around August 2027 unless extension or adjustments apply.
Q5: How does claim language influence patent strength?
Precise, narrow claims offer better clarity and enforceability but reduce scope; broad claims risk invalidation if challenged.
References
[1] Australian Patent Database. (2007). AU2007227569.
[2] World Intellectual Property Organization. (2009). WO2009111734.
[3] United States Patent and Trademark Office. (2008). US20090282352.
[4] European Patent Office. (2008). EP2102421A1.
