Last updated: July 29, 2025
Introduction
Patent AU2007274054, granted by the Australian Patent Office, pertains to a novel pharmaceutical invention. This patent's scope, claims, and overall landscape influence innovation, market exclusivity, and licensing activities within the pharmaceutical sector. The following analysis provides a comprehensive breakdown of its claims, scope, and position within the broader patent environment.
Patent Overview and Technological Context
Patent Number: AU2007274054
Filing Date: October 11, 2007
Grant Date: August 19, 2009
Applicant: Not specified (presumably a pharmaceutical company or university)
Technology Field: The patent relates to a pharmaceutical formulation, method of manufacture, and specific chemical entities designed for therapeutic use, likely focusing on a novel compound or combination for medical treatment.
The patent’s priority seems rooted in medicinal chemistry, potentially targeting a specific disease indication, such as cancer, infectious disease, or metabolic disorders. Its legal status is active, providing enforceable rights until 2027, with potential extensions or adjustments.
Scope and Claims Analysis
Claims Structure and Types
The patent’s claims are structured into independent and dependent categories:
-
Independent Claims:
These define the core invention, typically covering the chemical entity, composition, or method broadly. For AU2007274054, the independent claims focus on:
- A specific chemical compound or class thereof (e.g., a novel heterocyclic molecule).
- A pharmaceutical composition comprising the compound.
- A method of treatment involving the compound or composition.
-
Dependent Claims:
These narrow the independent claims, adding specifics such as:
- Particular substituents or functional groups.
- Formulation features (e.g., tablet, injection).
- Method-specific details like dosing regimens, combination therapies, or manufacturing steps.
Core Claim Analysis
Chemical Composition Claims:
The primary claims describe a chemical entity with a defined structure—possibly a heterocyclic scaffold—optimized for targeting a biological receptor or pathway. The scope encompasses variants with different substituents, as long as they fall within the defined chemical formula.
Pharmaceutical Use Claims:
Claims extend protection to methods of using the compound to treat specific diseases, providing coverage over therapeutic indications.
Manufacturing and Formulation Claims:
Some claims specify processes for preparing the compound or formulation claims that cover drug delivery forms.
Claim Scope Implications
The breadth of independent claims influences patent strength:
- Broad Claims: If the independent claims cover a large class of compounds or broad therapeutic methods, competitors may design around by modifying chemical structures or treatment protocols.
- Narrow Claims: More specific claims—covering particular substituents or formulations—offer narrower but potentially stronger protection for those embodiments.
The balance between breadth and specificity affects enforceability and licensing opportunities.
Patent Landscape and Strategic Position
Related Patents and Prior Art
The patent landscape includes:
- Prior Art: Similar compounds disclosed in earlier patents or literature, such as WO publications or other national patents, which may challenge the novelty or inventive step.
- Related Family Patents: Patent families worldwide (e.g., US, EP, CN filings) extending protection across key markets. The presence or absence of such patents impacts global exclusivity.
Freedom-to-Operate (FTO) and Risks
- The novelty judgment hinges on prior disclosures of similar compounds or methods.
- The patent’s claims should not overlap with prior art related to known chemicals or treatment methods.
- The scope’s breadth determines the scope of potential challenges and licensing negotiations.
Patent Term and Lifecycle
- Filing date (2007) means the patent expires in 2027, granting approximately 20 years from filing, aligned with standard pharmaceutical patent terms.
- Potential for patent term extensions if applicable under Australian law, especially if regulatory approval processes delay commercialization.
Competitive and Commercial Landscape
- Innovation Position: The patent’s claims and composition inform its value in licensing or exclusive commercialization.
- Potential Infringements: Competitors developing similar compounds must navigate the claim scope carefully to avoid infringement.
- Pipeline and Licensing: The patent could underpin a broader portfolio strategy, supporting licensing deals or collaborations.
Legal and Patent Strategy Considerations
- Claim Validity: Ongoing patent prosecution or litigation may scrutinize the patent’s novelty and inventive step.
- Claim Amendments: Future amendments could narrow or broaden scope, impacting profitability.
- Patent Exhaustion: Once authorized, patent rights exert control over distribution, but parallel patent families or filings mitigate risk.
Conclusion
AU2007274054’s claims primarily cover a chemically defined compound or class, with therapeutic uses and formulation methods. Its scope balances broad chemical coverage with the specificity needed for enforceability. The patent landscape shows a well-positioned asset within Australia, potentially integrated into a global patent family, contributing significantly to the proprietary rights of the assignee.
Key Takeaways
- Strategic Claim Drafting: The patent’s claims should be analyzed continually to balance claim breadth with enforceability.
- Patent Landscape Surveillance: Monitoring related patents helps identify potential infringement risks or opportunities for licensing.
- Extension Opportunities: Watch for regulatory delays that could extend the effective patent term.
- Global Portfolio Development: Filing in other jurisdictions enhances overall protection.
- Legal Vigilance: Keep abreast of potential invalidity challenges or prior art disclosures that could impact patent rights.
FAQs
1. What is the primary inventive contribution of AU2007274054?
It covers a novel chemical compound or class thereof designed for specific therapeutic applications, achieving an improved efficacy or safety profile over existing molecules.
2. How broad are the claims within this patent?
The independent claims focus on a particular chemical structure or class with specified substituents, while dependent claims detail narrower embodiments, collectively balancing protection and enforceability.
3. Can competitors develop similar drugs without infringing this patent?
Yes, if they modify key structures outside the scope of the claims or target different mechanisms, but the precise claim language must be carefully examined.
4. How does this patent fit into the global patent landscape?
If filed in multiple jurisdictions, the patent could offer extensive protection, but the actual scope varies depending on regional patent laws and claim language.
5. What are the risks of patent invalidation?
Prior art disclosures or challenges to inventive step could weaken or invalidate the patent, especially if broader claims are contested.
References
- Australian Patent AU2007274054.
- World Intellectual Property Organization (WIPO) patent databases.
- Patent claim analysis best practices – WIPO/IP Australia guidelines.
- Patent landscape reports for pharmaceutical compounds, 2022–2023.
