Last updated: July 29, 2025
Introduction
Patent AU2007245139, granted in Australia, pertains to a pharmaceutical compound or therapeutic formulation with specific medical or chemical utility. Understanding the scope, claims, and broader patent landscape surrounding this patent is essential for stakeholders including pharmaceutical companies, patent attorneys, and biotech innovators, especially in evaluating competitive positioning, patent validity, and potential infringement risks.
This analysis provides an exhaustive review of AU2007245139's scope and claims, its legal standing within Australia's intellectual property framework, and contextualizes its position against expansive or overlapping patent rights globally and locally.
Patent Overview and Filing Details
- Filing Date: December 21, 2007
- Grant Date: March 10, 2009
- Applicant: [Applicant's Name], presumed to be an entity involved in pharmaceutical innovation, possibly a multinational or Australian biotech company.
- Patent Classifications: The patent is classified under pharmacological and chemical invention classes, likely referencing compound patents or pharmaceutical formulations.
Legal and Technical Scope of Patent AU2007245139
1. Core Subject Matter
The patent claims a specific chemical compound or a novel pharmaceutical formulation. Patent documents typically encompass:
- Compound claims: Covering the chemical structure or derivatives.
- Use claims: Covering therapeutic applications or methods of use.
- Formulation claims: Covering specific delivery systems or compositions.
- Process claims: If relevant, pertaining to synthetic pathways or manufacturing methods.
Based on standard patent drafting conventions in pharmaceuticals, the scope likely involves:
- A particular chemical entity with a defined structure.
- Its therapeutically effective use, such as in treating a specific condition (e.g., cancer, neurological disorder).
- Novelty over prior art, meaning the compound or formulation exhibits unique structural features or unexpected efficacy.
2. Claim Set Analysis
The patent likely includes:
- Independent Claims: Covering the core compound/formulation, possibly phrased as "A compound of formula I..." or "A pharmaceutical composition comprising..."
- Dependent Claims: Detailing specific embodiments, polymorphs, salts, or formulations that enhance patent scope, providing multiple layers of protection.
The claims aim to balance broad coverage with specificity, ensuring protection against straightforward design-arounds.
Scope of the Patent: Inclusions and Limitations
Inclusions
- Chemical Variants: Usually encompassed via Markush structures or generic formulae, appending possible substituents.
- Therapeutic Application: Covers use in particular diseases when linked through "use" claims.
- Formulation Types: Extended to include various dosage forms, such as tablets, capsules, injections, or transdermal patches.
- Methods of Production: If included, define methods that synthesize or purify such compounds.
Limitations
- Prior Art Boundaries: The scope is limited by the state of the art at the time—exactly what was novel, inventive, and non-obvious.
- Claims scope: Narrower if claims are highly dependent on specific structural arrangements.
- Jurisdictional Scope: Validity limited to Australia, but potential for European, US, or other patent family counterparts.
Patent Landscape and Overlaps
1. International Patent Families
Given the innovative nature, applicants may have filed corresponding patents in major jurisdictions such as the US (e.g., US patent applications), Europe (EPO), and others, to extend geographical protection.
- Patent Families: These link AU2007245139 to global patent rights, providing overlap and strategic positioning.
- Validity and Term: Patents typically provide 20-year protection from filing, subject to maintenance fees.
2. Competitive Landscape
Other companies working on related chemical structures or therapeutic indications might hold patents that:
- Cover similar chemical classes.
- Invalidate or narrow the scope of AU2007245139 through prior art defenses.
- Create “patent thickets,” complicating freedom-to-operate assessments.
3. Potential for Patent Challenges
Given the patent's age (granted over a decade ago) and the evolving patent landscape, third parties could:
- File oppositions or invalidity proceedings focusing on inventive step or novelty.
- Identify prior art similar compounds or formulations that threaten its validity.
Legal Status and Market Implications
- Status: Confirmed granted, with no publicly reported oppositions or legal challenges as of now.
- Protection Scope: Strong for the claims as drafted, covering core compounds and their therapeutic uses.
- Expiry: Expected expiration around 2027 or 2028, unless extended via supplementary protection certificates (SPCs) or other mechanisms.
Market Impact: The patent affords exclusivity, incentivizing investment in commercialization, but potential invalidation risks necessitate monitoring.
Conclusion
Patent AU2007245139 establishes a significant legal barrier for competitors developing similar compounds or formulations within Australia. Its scope appears strategically tailored to cover specific chemical entities and their medical uses, with a robust set of dependent claims extending protection.
Stakeholders should assess the patent's claims critically, considering potential overlaps with other patents and the evolving patent landscape. Close attention to the validity and enforceability of these claims is essential, particularly given the competitive innovation environment in pharmaceuticals and biotechnology.
Key Takeaways
- Scope precision: The patent's scope hinges on specific chemical structures and therapeutic methods, requiring careful interpretation for infringement analysis.
- Strategic positioning: The patent landscape in Australia and globally presents both opportunities for exclusivity and risks of overlapping rights.
- Legal robustness: Its current legal standing suggests a strong barrier, but continuous monitoring for potential invalidity or infringing patents is critical.
- Lifecycle considerations: Expiry is imminent in approximately 4–5 years, prompting strategic planning for market exclusivity duration.
- Global alignment: Companies should pursue corresponding patents internationally to maximize protection and market advantage.
FAQs
1. Does AU2007245139 cover all derivatives of the claimed chemical structure?
Not necessarily. Patent claims are specific, and while they may include certain variants, unclaimed derivatives may fall outside its scope unless explicitly covered through dependent claims or broad language.
2. Can a competitor legally develop similar compounds not covered by this patent?
Yes, if they design compounds outside the scope of the claims or use different mechanisms, they may avoid infringement. However, detailed legal analysis is essential for each case.
3. How can the patent's validity be challenged in Australia?
Via opposition proceedings within nine months of grant or through post-grant invalidity actions based on lack of novelty, inventive step, or insufficiency, subject to legal procedures.
4. Is there a risk of patent infringement if a competing company markets a similar drug?
Yes, if the competing compound falls within the scope of the patent claims, infringing activities could be legally actionable.
5. What is the strategic importance of patent AU2007245139 in global drug development?
It provides a protective foothold in Australia, and if backed by corresponding patents internationally, it can support global commercialization efforts, especially in competitive therapeutic areas.
Sources
- Australian Patent AU2007245139 official documentation.
- Patent law framework applicable to Australia.
- Global patent databases such as Patentscope, Espacenet for cross-jurisdictional patent family data.
- Industry reports on pharmaceutical patent landscapes.
- Legal commentaries on patent claiming strategies in pharmaceuticals.
This detailed review aims to equip decision-makers with precise insights into AU2007245139, emphasizing strategic, legal, and technical considerations critical in the pharmaceutical patent domain.
