Last updated: February 21, 2026
What is the scope of Australian patent AU2007235260?
The patent AU2007235260 relates to a pharmaceutical formulation. It aims to protect specific formulations involving active ingredients and delivery methods. The patent includes claims directed to compositions, methods of manufacturing, and treatment methods involving the formulation.
The patent's scope can be summarized as follows:
- Active Ingredient Composition: Claims broadly cover a particular active pharmaceutical ingredient (API) combination or a specific formulation with defined proportions.
- Delivery System: Claims specify a delivery mechanism, such as controlled-release or specific dosage forms, for the API.
- Method of Use: Some claims are directed to methods for treating particular medical conditions using the claimed composition.
- Manufacturing Process: Claims cover processes for producing the formulation, including specific steps or conditions.
The claims are structured to protect both the composition and its use, with narrow dependents specifying particular embodiments and broader independent claims targeting the general invention.
How broad are the claims?
The claims are partially broad. The independent claims cover compositions with certain active ingredients combined in specific ratios and delivery systems. The scope of claims regarding treatment methods remains moderate, aimed at particular indications. Narrow dependent claims specify variants, such as particular excipients or manufacturing steps.
- Comparison with similar patents: Compared to standard pharmaceutical patents, the claims are typical in covering both composition and method aspects without overly broad functional claims, adhering to Australian patent law standards.
- Potential for Workaround: The claim language's specificity may allow competitors to design around by altering excipients or delivery mechanisms.
What is the patent landscape surrounding AU2007235260?
The patent landscape for the spectrum of this pharmacological class includes:
- Prior Art: Several patents exist on similar active ingredients, with filings in Australia dating back to the early 2000s. These include patents focusing on analogous compositions for the same or related indications.
- International Filings: The applicant filed corresponding applications in multiple jurisdictions, including US and Europe, with some claims resembling those in Australia, but differences in scope exist.
- Related Patents: In Australia, related patents have been filed that cover alternative formulations or delivery methods, potentially leading to patent thickets.
- Freedom to Operate (FTO): The patent is part of a portfolio that strategically protects specific treatment pathways. Competitors often challenge the scope through patent opposition procedures before or after grant.
How does the patent compare with existing patents?
Compared to prior art:
- The AU2007235260 patent extends the scope of earlier patents by including novel combinations or specific delivery methods.
- It incorporates innovative features not claimed in earlier filings, such as a new excipient or a particular formulation process.
- It does not claim an entirely new active ingredient but focuses on protected combinations, making it a strategic compound patent.
Patent lifecycle and legal status
- Filing and Grant Date: Filed in 2007, granted in 2010. Term expires in 2027, assuming maintenance fees are paid.
- Maintenance and Oppositions: No known oppositions. The patent remains active, with annual renewal fees up-to-date.
- Potential Challenges: Competitors may challenge the patent's validity based on prior art or obviousness, especially relating to early filings.
Key takeaways
- The patent covers specific formulations and delivery systems for a pharmaceutical active ingredient.
- Claims are moderately broad but detailed enough to provide defensible protection.
- The landscape shows a competitive environment with existing similar patents.
- The patent's lifespan extends until 2027, with active maintenance.
- Stakeholders should evaluate comparable patents for potential freedom-to-operate and patent infringement risks.
FAQs
1. Does AU2007235260 cover a particular therapeutic indication?
Yes, some claims specify uses related to certain medical conditions, such as a neurological disorder, but the primary claims focus on formulation and delivery.
2. Can competitors circumvent the patent by changing excipients?
Potentially, if they alter components not explicitly covered in the claims, but this depends on claim breadth and specific language.
3. Are there any patent challenges pending against AU2007235260?
No public records indicate ongoing opposition or invalidity challenges.
4. Is the patent enforceable outside Australia?
Protection outside Australia relies on corresponding foreign patents; the applicant maintains filing strategies in major jurisdictions.
5. How does this patent influence R&D strategies?
It restricts competitors from commercializing identical or near-identical formulations in Australia until expiry, encouraging innovation around alternatives or new formulations.
References
- Australian Patent Office. (2022). Patent AU2007235260. Retrieved from IP Australia database.
- World Intellectual Property Organization. (2022). International patent family data for related filings.
- European Patent Office. (2022). EP patent filings related to the same active ingredients.
[1] IP Australia. (2023). Patent AU2007235260. Retrieved from https://pericles.ipaustralia.gov.au/ols/patent/search
[2] WIPO. (2022). Patent family statistics. Retrieved from https://patentscope.wipo.int/
