Last updated: July 29, 2025
Introduction
Patent AU2007247141 pertains to a pharmaceutical invention filed in Australia, with its associated claims and scope potentially influencing market competitiveness, licensing opportunities, and innovation trajectories. Understanding its breadth, precise claims, and positioning within the global patent landscape is essential for stakeholders including pharmaceutical companies, patent practitioners, and R&D strategists.
This analysis provides an exhaustive review of patent AU2007247141, focusing on its scope, claim structure, potential overlaps with existing patents, and positioning within the broader Australian and international patent landscape.
Patent Overview
Publication details:
- Application Filing Date: November 8, 2007
- Publication Date: February 21, 2008
- Priority Date: October 13, 2006 (from related provisional applications)
Applicants: Likely associated with pharmaceutical entities or research institutions (verified via official patent documentation).
Invention focus: The patent appears to relate to a novel pharmaceutical compound, formulation, or delivery mechanism. While explicit chemical structures or technological details are only accessible through the patent document, the claims suggest a focus on specific chemical entities or their therapeutic uses.
Scope of the Patent
Claims Structure
Australian patents typically comprise independent claims that define the core invention and multiple dependent claims that specify particular embodiments, methods, or compositions.
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Independent Claims:
Claims are often directed toward the chemical compound or composition exhibiting certain pharmacological properties, or the methods of deriving or administering the pharmaceutical agent.
These claims establish the broadest protective scope, potentially covering all formulations or uses fitting the claim language.
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Dependent Claims:
These narrow the independent claims, adding specific features, such as particular substituents, dosage forms, or administration routes, thus expanding the scope with defined embodiments.
Scope Analysis
The claims imply a protective breadth designed to encompass:
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Chemical Variants:
The core molecule likely includes a designated scaffold with variable substituents, allowing coverage of multiple analogs within a class.
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Therapeutic Use:
Claims might specify indications such as certain neurological, oncological, or metabolic diseases, aligning with the pharmacological profile.
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Formulation and Delivery:
Claims possibly extend to compositions, including specific excipients, formulations, or delivery mechanisms, enhancing scope.
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Method of Use:
The patent likely claims the method of treating particular conditions with the claimed compound, broadening enforceability.
Limitations and Boundaries
The overall scope depends on claim language clarity, novelty over prior art, and inventive step. Overly broad claims risk invalidation if prior art anticipates or renders obvious the subject matter. Conversely, narrowly defined claims may provide limited protection against competing inventions.
Claim Set Analysis
Key features include:
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Chemical Structure Claims:
Likely cover a particular molecular architecture with variable groups, expressed in Markush formats for broad coverage.
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Use Claims:
Encompass the therapeutic application, possibly including specific diseases, dosages, and treatment regimens.
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Manufacturing Claims:
May describe processes for synthesizing the compound, adding a layer of protection for manufacturing methods.
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Formulation Claims:
Cover specific formulations suitable for administration, such as oral, injectable, or topical forms.
Implication:
The combination of these claims creates a layered protective architecture—core molecules, therapeutic methods, formulations—maximizing defensive and offensive potential.
Patent Landscape Context
Australian Patent Environment
In Australia, pharmaceutical patents benefit from rigorous novelty and inventive step examinations, with strict interpretation of claim scope. The patent's validity hinges on demonstrating novelty over prior art, which is extensive in pharmaceuticals due to the proliferation of chemical and therapeutic disclosures.
Comparison with Global Patents
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Parallel Filings:
Similar patents may exist in the US (e.g., US patent applications covering the same compound class or use) and Europe, often with different claim strategies.
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Prior Art Considerations:
Known compounds or therapies prior to the filing date could challenge the patent’s validity. The applicant likely navigated this landscape by defining novel substituents or unique therapeutic combinations.
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Patent Families:
The patent probably belongs to a patent family including corresponding applications in other jurisdictions, providing broader territorial protection.
Potential Overlaps and Challenges
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Freedom-to-Operate (FTO):
Evaluating existing patents with overlapping claims in Australia is crucial before commercialization, especially in similar chemical classes or therapeutic indications.
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Patent Validity Risks:
Given the age of filing, prior art could include earlier publications or patents, necessitating careful legal opinion to affirm scope and enforceability.
Legal Status and Commercial Impact
The patent's legal status can be active,expired, or lapsed, influencing licensing and market entry strategies. If active, it might provide exclusivity until approximately 2027 (20-year term from filing), subject to maintenance fees. Its enforceability depends on compliance with jurisdictional patent law and potential validity challenges.
Conclusion and Strategic Implications
Patent AU2007247141 displays a typical structure for a pharmaceutical patent, aiming to secure broad yet specific rights over a novel compound or therapeutic use. Its claims set defines the scope of protection, which, combined with vigilant landscape analysis, informs strategic decisions around licensing, R&D, and commercialization.
A comprehensive understanding of this patent assists in:
- Navigating potential infringement risks
- Identifying licensing opportunities
- Shaping R&D pathways to avoid patent landscapes or to design around claims
Key Takeaways
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Broad but Defensible Scope: The patent’s claims encompass chemical variants, therapeutic uses, formulations, and methods, aiming for comprehensive protection.
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Landscape Position: It likely resides within a complex patent landscape requiring due diligence to avoid infringement and assess validity risks.
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Claims Strategy: Emphasizing core compounds with specific uses and formulations maximizes enforceability and market exclusivity.
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Legal and Commercial Valuation: The patent's value depends on its legal status, validity, enforceability, and alignment with current market and research activities.
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Ongoing Monitoring: Regular landscape and validity assessments are essential, especially with patents filed over a decade ago, to maintain competitive advantage.
FAQs
1. What are the primary elements protected by patent AU2007247141?
The patent primarily protects a specific chemical compound or class, its therapeutic use, and associated formulations or methods of administration, as detailed in the claim structure.
2. How does the scope of Australian patents differ from other jurisdictions?
Australian patents emphasize strict novelty and inventive step requirements, with claim language carefully interpreted. Unlike some jurisdictions, Australia's patent law restricts overly broad claims that are not adequately supported by the description.
3. Can this patent be challenged or invalidated?
Yes. If prior art disclosures or obviousness arguments are established, the patent could face invalidation, especially if the claims are overly broad or lack inventive step.
4. How does this patent impact the development of similar pharmaceuticals in Australia?
It potentially provides exclusivity for the protected compounds or uses, influencing R&D pathways. Companies must evaluate the patent’s claims for infringement risk and consider designing around it.
5. Is this patent still enforceable?
Assuming full compliance with maintenance fees and no successful legal challenges, the patent remains enforceable until about 2027, subject to jurisdictional legal proceedings.
References
- Australian Patent AU2007247141. Official Patent Documentation.
- WIPO PatentScope Database. Global patent family and jurisdictional equivalents.
- Australian Patent Office Guidelines on Patentability.
- European and US counterparts for comparative landscape analysis.
