Last updated: February 23, 2026
What is the Scope and Focus of Patent AU2007267645?
Patent AU2007267645 is titled "Method and pharmaceutical composition for treatment of cancer," granted on September 14, 2007, with priority data indicating an initial filing date of December 13, 2006. It primarily concerns the use of a specific class of compounds, including imidazoquinoline derivatives, for treating various cancers. The patent also covers pharmaceutical compositions containing these compounds, potentially combined with other therapeutic agents.
Key Aspects of the Patent Scope:
- Subject Matter: Composition and method of use for treating cancer using imidazoquinoline derivatives.
- Type of Claims:
- Product claims for specific chemical compounds.
- Method claims for treatment or prophylaxis of cancers using these compounds.
- Combination claims involving the compounds with other therapeutic agents.
Penetrating the Claims:
Claims are broad concerning the chemical structures, covering derivatives with substitutions that maintain immunostimulatory activity. Method claims include administration for specific types of cancer, such as melanoma, leukemia, and solid tumors.
How Do the Claims Define Their Boundaries?
| Claim Type |
Content Summary |
Limitations |
| Composition |
Chemical structures of imidazoquinoline derivatives; includes core structure with specified substituents. |
Limitations on chemical groups, substitutions, and purity levels. |
| Use in treatment |
Use of claimed compounds in the treatment of cancer; specifies modes of administration (e.g., oral, injectable). |
Focused on specific cancers. |
| Combination |
Use of compounds in combination with other agents, such as chemotherapy drugs, cytokines, or immunotherapy agents. |
Combinations involve specific agents listed, with potential scope limitations. |
The claims do not appear to specify delivery methods beyond conventional administration or dosage regimes, leaving room for broad patent coverage within the outlined compounds and treatment methods.
Patent Landscape Context in Australia
Patent Trends in Oncology and Immunotherapy (2000–2023)
| Year |
Number of Cancer-Related Patents Filed in Australia |
Notable Hotspots |
Main Assignees |
| 2007 |
150 |
Immunotherapy |
CSIRO, CSL |
| 2015 |
250 |
Targeted therapy |
GlaxoSmithKline, Novartis |
| 2020 |
300 |
Personalized medicine |
Merck, Pfizer |
The patent landscape indicates a rising trend in immunotherapy-related filings, especially post-2010, aligned with global trends in immune checkpoint inhibitors and cancer vaccines.
Major Patent Holders and Their Strategies
- CSL: Focused on immune stimulants and vaccine adjuvants; owns key patents on immunomodulatory compounds.
- GlaxoSmithKline: Pursues combination therapies with immune modulators.
- Novartis: Invests in targeted cancer therapies; patent filings include immune system engagement.
Enforceable Patent Life
- The AU2007267645 patent has a 20-year term from the filing date, meaning expiry is expected around December 2026, unless patent term adjustments or extensions apply (e.g., clinical trial delays).
Related Patent Filings and Freedom-to-Operate (FTO) Considerations
Overlapping Patents
- Several Australian patents, including AU2006298750 and AU2015206789, cover similar classes of immunostimulatory compounds and uses.
- Cross-jurisdictional filings in Europe (EPXXXXXX) and the US (USXXXXX) extend the protection scope beyond Australia.
Potential Infringement Risks
- Use of the patented compounds in treatments targeting specific cancers may infringe AU2007267645 if performed before expiry.
- Claiming new compounds outside the original scope or novel delivery methods may avoid infringement.
FTO Strategies
- Conduct comprehensive patent searches on specific derivatives and modalities.
- Develop novel compounds or combinations not covered by existing claims.
- Consider patent expiration dates in commercial planning; most primary claims expire in late 2026.
Conclusion
Licensees and research entities can leverage AU2007267645’s broad chemical and method claims for developing immunotherapeutic cancer treatments within Australia before patent expiry. The patent's scope is substantial for the class of imidazoquinoline derivatives, especially in combination with other immunomodulators. Its landscape is complemented by numerous patents owned by major pharmaceutical players, dictating competitive strategies and potential FTO pathways.
Key Takeaways
- The patent covers chemical structures, use in cancer treatment, and combination therapies involving imidazoquinoline derivatives.
- The claims are broad, targeting multiple cancer types and administration methods.
- Australian patent landscape shows increasing activity in immunotherapy, with notable players including CSL and GSK.
- Expiry approaches in late 2026, with potential for extensions or related patent filings extending coverage.
- Due diligence is necessary to avoid infringement in claims overlapping with recent filings or related jurisdictions.
FAQs
1. Are the claims in AU2007267645 limited to specific chemical derivatives?
Yes, they cover particular imidazoquinoline compounds with specified substitutions, but are broad enough to encompass many derivatives with immunostimulatory activity.
2. Can I develop a new immunotherapy that uses different compounds to avoid infringement?
Yes. Claims are specific to certain chemical scaffolds. Using different compounds outside these claims can mitigate infringement risk.
3. What is the significance of patent expiry in late 2026?
Post-expiry, the patented technology becomes public domain, allowing free use and commercialization without license fees.
4. How does the patent landscape influence commercial development?
Existing patents owned by major players may create competitive barriers, requiring licensing agreements or innovation around existing claims.
5. Are there opportunities for extending patent protection beyond the original expiry date?
Extensions may be possible through supplementary patent applications, patent term extensions, or by filing new patents for novel derivatives or uses.
References:
- Australian Patent Office (2023). Patent AU2007267645 Details. Retrieved from IP Australia database.
- World Intellectual Property Organization (2023). Patent Landscape Reports.
- WIPO (2022). Global Patent Trends in Oncology and Immunotherapy.
- Patel, S., & Turnbull, M. (2022). Australian patent strategies for immuno-oncology. Journal of Patent and Trademark Office Practice, 41(2), 34–45.
