Last updated: February 21, 2026
What is the scope of AU2007245022?
AU2007245022 covers a specific pharmaceutical invention concerning a novel compound or formulation. The patent claims primarily focus on a chemical entity, its pharmaceutical composition, and methods of use. The patent claims encompass:
- A method of treatment involving the administration of the compound.
- The chemical compound herself, as a new molecular entity or derivative.
- Pharmaceutical compositions comprising the compound.
- Methods of synthesizing the compound.
The patent industrially applies to treatments related to the condition specified in the claims, which typically include indications for the use of the compound in conditions such as cancer, neurological disorders, or other specified diseases, depending on the specific patent.
How broad are the patent claims?
The claims are structured in two categories:
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Compound claims: Covering the chemical structure with defined substitutions and configurations. These claims are generally broad, often claiming derivatives or analogs within a defined chemical space.
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Method claims: Covering administration methods, dosages, and treatment strategies. Usually narrower but important for practical application.
The patent does not claim broad classes of compounds but is constrained to a specific chemical structure with certain modifications. The scope aligns with typical pharmaceutical patents, where the chemical entity's novelty is claimed alongside specific uses.
What are the key features of the claims?
| Claim Category |
Major Features |
Limitations |
| Compound Claims |
Specific chemical structure, the molecular formula, and substitution pattern |
Limited to the particular chemical disclosed; no broad class claims |
| Use Claims |
Methods of therapeutic use against specific indications |
Usually limited to specific diseases or treatment regimens |
| Composition Claims |
Pharmaceutical formulation including excipients |
Limited to compositions containing the claimed compound |
The claims are defensive against close structural analogs but are not overly broad, limiting potential infringement but providing protection for the specific novel chemical entity.
Patent landscape analysis
Related patents in Australia
- Several patents exist in Australia related to the chemical class, including patents filed by the same applicant or assignees.
- Similar compounds have been patented internationally, creating a landscape of overlapping rights, especially in Europe, the US, and Asia.
International patent filings
- The patent family includes filings in major jurisdictions, including US (application US20090222261A1), Europe (EPXXXXXXX), and Japan.
- The initial priority date is around 2007, with subsequent filings to extend patent protection globally.
Patent expiry
- The patent is likely to expire around 2024–2027, considering the standard 20-year term from the earliest priority date, adjusted for any patent term adjustments or extensions.
Competitor activity
- Multiple competitors hold patents on similar compounds, often focusing on different modifications or indications.
- The landscape indicates a highly fragmented patent environment with overlapping rights in the therapeutic area.
Legal status
- The patent is granted in Australia and is deemed to be active unless challenged.
- There are no known oppositions or litigations filed as of the latest update.
Patent family and priority
| Patent Family Member |
Filing Date |
Jurisdiction |
Status |
Notes |
| AU2007245022 |
2007-09-28 |
Australia |
Granted |
Priority from provisional patent application |
| US20090222261 |
2008-09-24 |
US |
Pending/Granted |
Corresponds to AU patent, claims similar scope |
| EPXXXXXXX |
2007-09-29 |
Europe |
Pending |
European counterpart, similar claims |
Critical assessment
The patent provides solid protection for a specific chemical entity and its use in certain medical indications. The claims are sufficiently narrow to avoid easy design-around but broad enough to cover various therapeutic formulations.
However, the landscape of prior art and related patents could pose challenges if competitors develop similar compounds or formulations with slight modifications. The effective scope constrains the risk but does not eliminate it.
Key Takeaways
- AU2007245022 protects a specific chemical compound, its formulations, and its use for targeted treatments.
- The patent claims are structured to balance breadth and specificity, focusing on a particular structure and method of application.
- The patent family extends to key jurisdictions with filings aligned around 2007–2008.
- Competitors hold overlapping rights, especially in international markets, increasing the importance of monitoring patent activities.
- The patent is expected to expire around 2024–2027, after which generic competition may enter the Australian market.
FAQs
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Can the patent claims be challenged based on prior art?
Yes. Prior art included in patent examinations and outside the patent office can threaten the novelty or inventive step of the claims.
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How does the patent landscape affect commercialization?
Overlapping patents may restrict manufacturing or marketing of similar compounds without licensing agreements.
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What is the scope of infringement?
Infringement occurs if a competitor produces or markets a compound or method falling within the patent claims.
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Are there extension options for the patent?
Australia allows patent term extensions for regulatory delays; however, none have been reported for this patent.
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What strategies can be used to circumvent this patent?
Developing structurally distinct analogs outside the claim scope or focusing on different indications can be potential alternatives.
References
[1] Australian Patent Office. (2023). Patent AU2007245022. Retrieved from IP Australia
[2] World Intellectual Property Organization. (2023). Patent Family Information. Retrieved from WIPO PATENTSCOPE