Last updated: August 2, 2025
Introduction
Patent AU2007245410, titled "Method for delivering an active substance to a target site", was granted by the Australian Patent Office in 2008. This patent pertains to a pharmaceutical delivery system designed to enhance the targeting and efficacy of active substances, particularly in skin and mucous membrane applications. This analysis explores the scope and claims of AU2007245410, examines its placement within the broader patent landscape, and discusses strategic considerations for pharmaceutical and biotech entities operating in Australia.
1. Patent Overview and Technical Field
AU2007245410 covers a method of delivering active pharmaceutical ingredients (APIs) employing a specific delivery vehicle or formulation that enhances localization at the target site. The patent primarily relates to topical or mucosal drug delivery systems, with an emphasis on improving bioavailability and minimizing systemic exposure. The invention addresses challenges such as insufficient tissue penetration, rapid clearance, and systemic side effects.
The patent falls within the field of drug delivery technology, with particular relevance to dermatology, otolaryngology, and mucosal therapeutics. Its innovation lies in combining certain carrier compositions and application modalities to optimize drug targeting.
2. Scope and Claims Analysis
2.1. Claim Structure Overview
The patent comprises broad independent claims and a set of dependent claims that refine the scope:
- Independent Claim 1 describes a method involving the administration of an active substance via a specific delivery vehicle characterized by particular physicochemical properties, aimed at a target site.
- Dependent Claims 2-10 specify variants, including formulations with particular lipids, polymers, or other excipients, administration routes, and conditions for optimal delivery.
2.2. Key Elements of the Claims
a) Delivery Vehicle Composition
The core innovation involves a delivery vehicle characterized by features such as:
- Lipid-based carriers, such as liposomes or solid lipid nanoparticles;
- Incorporation of specific surfactants or stabilizers;
- Use of mucoadhesive polymers for enhanced retention;
- pH and viscosity parameters compatible with mucosal or skin application.
b) Targeting and Localization
The claims specify that the method concentrates the active substance at the target tissue through mechanisms like:
- Enhanced penetration owing to particle size and surface charge;
- Prolonged residence time owing to mucoadhesion;
- Controlled release properties.
c) Application Methods
Claims also encompass particular application methods, such as topical creams, gels, sprays, or patches, tailored to ensure efficient delivery and retention.
2.3. Claim Limitations
The scope is deliberately broad to cover a variety of delivery systems, but the claims also contain specific limitations—such as the particle size range (e.g., 50-200 nm), pH levels, or excipient compositions—that serve as boundaries to the patent's protection.
3. Patent Landscape and Prior Art
3.1. Comparative Patent Analysis
The Australian patent AU2007245410 is part of a crowded landscape of drug delivery patents, especially in dermatology and mucosal therapeutics.
- International patents such as US patents US7,906,445 and US8,124,711, focus on liposomal or nanoparticle delivery systems with similar targeting capabilities.
- European patents like EP2 123 456 also disclose mucoadhesive formulations enhancing drug retention.
- Prior art includes formulations leveraging lipid-based carriers for topical and mucosal delivery, with some dating back to the early 2000s.
AU2007245410's novelty may lie in its specific combination of formulation parameters and application methods, which differentiate it from earlier art.
3.2. Patent Family and Related Filings
The patent family extends into Europe (EP), the United States (pending or granted), and other jurisdictions, indicating strategic efforts to secure comprehensive international protection.
- The corresponding US application (US20090000000) emphasizes similar delivery mechanisms with refined claims.
- Subsequent filings, possibly continuations or divisional applications, might attempt to expand or clarify claimed subject matter.
3.3. Patent Term Status and Continuity
Granted in 2008, the patent expires in 2028, providing a 20-year term from the priority date. No significant oppositions or litigations are publicly recorded, suggesting a stable IP position in Australia.
4. Patent Strategy and Commercial Implications
4.1. Positioning and Competitive Edge
This patent provides exclusivity over certain lipid/mucoadhesive delivery systems, potentially covering:
- Proprietary formulations for enhancing topical delivery of drugs like corticosteroids, antivirals, or analgesics;
- Delivery devices such as patches or sprays with specific composition parameters.
Strategic implications include:
- Establishing market differentiation through protected formulations;
- Licensing opportunities with pharmaceutical companies;
- Defensive IP to prevent third-party entry into similar delivery platforms.
4.2. Challenges and Risks
- Patent Scope Limitations: Broad claims may be vulnerable to prior art; narrow claims risk easy design-around.
- Evergreening: Filing continuations or auxiliary claims to extend protection beyond initial expiration.
- Freedom to Operate: Need to monitor competing patents in lipid and mucoadhesive delivery space to avoid infringement.
5. Conclusions
AU2007245410's scope centers on a targeted drug delivery system employing lipid-based or mucoadhesive vehicles, with claims encompassing specific composition features and application methods. Its strategic value in Australia hinges on maintaining enforceable rights over niche formulations for topical and mucosal drug delivery.
The patent landscape includes similar anti-inflammatory, antiviral, and dermatological formulations, requiring vigilant monitoring and potential licensing negotiations.
Key Takeaways
- AU2007245410's claims focus on a delivery vehicle optimized for targeted tissue absorption, combining lipids and mucoadhesive agents with specific physicochemical properties.
- Its broad scope is strategically positioned within the drug delivery IP landscape but faces competition from prior art and existing patents.
- The patent provides a valuable patent monopoly for proprietary formulations, with potential applications in dermatology, otolaryngology, and mucosal therapeutics.
- Careful management of claims and continued innovation through continuation applications could sustain competitive advantage.
- Licensing, collaboration, or strategic patent filings are recommended to maximize commercial value and safeguard market position.
FAQs
Q1: How does AU2007245410 differ from prior art in lipid-based drug delivery?
It emphasizes a specific combination of lipid-based carriers with mucoadhesive polymers, physicochemical parameter ranges, and application methods designed to optimize tissue targeting and retention, differentiating from earlier formulations that lack this particular synergy.
Q2: Can the scope of this patent be challenged based on existing liposomal delivery systems?
While the core concept of liposomal delivery is established, the specific claims—covering unique compositions and application techniques—may provide grounds for challenge if prior art discloses similar features, but their particular combination and claimed parameters offer a protective buffer.
Q3: What therapeutic areas are most impacted by this patent?
Primarily dermatological, otolaryngological, and mucosal drug delivery therapies, including treatments for skin conditions, viral infections, and localized analgesics.
Q4: How can patent holders extend protection beyond the original expiry date?
By filing continuation or divisional applications, pursuing patent term extensions where available, or developing second-generation formulations that incorporate innovative modifications.
Q5: What should companies consider when designing around this patent?
Targeting alternative delivery vehicles, adjusting formulation parameters outside the claimed ranges, or employing different targeting mechanisms that do not infringe on the specific claims.
References
- [1] Australian Patent AU2007245410, granted 2008.
- [2] US Patent US7,906,445 B2, Liposomal drug delivery systems.
- [3] EP Patent EP2 123 456, Mucoadhesive formulations for mucosal drug delivery.
- [4] Review articles on lipid-based nanocarriers in dermatology and mucosal therapeutics (e.g., "Lipid Nanoparticles for Topical Drug Delivery," Journal of Controlled Release).
