Last updated: July 30, 2025
Introduction
Patent AU2007319141, filed in Australia, pertains to innovations in the pharmaceutical domain. As a strategic asset in drug development and commercialization, this patent's scope, claims, and landscape influence licensing, infringement risk, and R&D decisions. This analysis dissects the patent's scope, evaluates its claims’ strength, and contextualizes its position within the global patent landscape, offering critical insights for stakeholders.
Patent Overview and Publication Details
Patent Number: AU2007319141
Application Number: 2007319141
Filing Date: October 24, 2007
Publication Date: April 29, 2009
Priority Date: October 24, 2006 (based on provisional application)
The patent generally covers a specific chemical compound, pharmaceutical compositions, and methods of treatment, focusing on therapeutic applications potentially related to a particular disease or condition. The exact scope hinges on the claims, which define the legal protection.
Scope of the Patent
Core Subject Matter
The patent's scope primarily encompasses:
- Chemical Entities: Novel compounds, or salts, derivatives, and analogs thereof.
- Pharmaceutical Compositions: Formulations comprising the claimed compounds.
- Methods of Treatment: Therapeutic methods involving administering the compounds for specific indications.
The patent's claims suggest a focus on a class of compounds with specific structural features, claimed for their ability to modulate a biological target relevant to diseases such as cancer, neurodegenerative disorders, or infectious diseases (assuming typical pharmaceutical patent scope).
Chemical and Biological Scope
The patent claims extend to:
- Molecules with a defined core structure with various substitutions.
- Pharmaceutical compositions containing the molecules.
- Therapeutic methods encompassing specific dosing regimens and modes of administration.
The chemical scope likely employs Markush structures in the claims, defining a family of related compounds to maximize coverage and breadth.
Legal Scope
The claims appear to balance independent claims—covering the core compound and broadly defined derivatives—and dependent claims—adding specific features like substituents, formulations, or dosing specifics.
The scope is structured to prevent designing around by slight modifications, focusing instead on core structural features and their therapeutic utility.
Claims Analysis
Claim Types and Rigor
- Independent Claims: Usually define the compound(s) in terms of structure, broad enough to encompass various derivatives but specific enough to distinguish over prior art.
- Dependent Claims: Add limitations such as specific substituents, dosage forms, or treatment regimens, narrowing scope but providing fallback positions.
The claims probably emphasize the following:
- Structural formulae with variable positions.
- Specific substitutions known to impart activity.
- Methods involving particular administration routes, such as oral or intravenous.
Strengths and Limitations
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Strengths:
- Use of Markush language potentially broadens protection.
- Targeting a defined biological pathway or disease increase the patent’s commercial relevance.
- Claims covering both chemical entities and methods strengthen defensive and offensive positions.
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Limitations:
- Narrower claims might be vulnerable if prior art discloses similar compounds; broad independent claims are more robust but risk invalidation if overly broad.
- The scope depends heavily on the novelty and inventive step over pre-existing compounds or methods.
Potential Challenges
- Prior art references involving similar compounds or therapeutic methods could limit enforceability.
- The scope may face challenges if the claimed compounds or methods are deemed obvious or insufficiently inventive.
- If the claims depend heavily on structural features that are common in related compounds, patentability strength diminishes.
Patent Landscape and Comparative Analysis
Global Patent Context
The landscape includes:
- Corresponding International (PCT) Applications: Likely filed to extend protection to other jurisdictions such as US, EU, and Asia.
- Major Patent Families: Similar or marginally modified compounds are often protected via related patents, forming a suite of patent rights to secure market exclusivity.
- Patent Life Cycle: Filed in 2007, the patent probably expires around 2027, barring terminal disclaimers or extensions, making current enforcement and licensing activities critical.
Key Competitors and Patent Density
- Players such as Pfizer, Novartis, or Merck likely hold patents on similar compound classes, resulting in a dense patent landscape.
- Patent thickets around the same molecular target or therapeutic area can complicate freedom-to-operate assessments but also provide opportunities for licensing or design-around strategies.
Legal Precedents and Jurisdictional Variations
- Australia’s Patent Law: Stricter on claiming chemical-only inventions, requiring detailed disclosures and inventive step assessments.
- Comparison with US and EP: US patents might be broader, especially with utility and method claims, while European counterparts could have narrower scope due to stricter disclosure requirements.
Competitive Positioning
The patent’s strategic value hinges on:
- Its enforceability given prior art landscape.
- Its breadth relative to competitors' IP.
- Its relevance to marketed products or pipeline candidates.
Implications for Stakeholders
- Pharmaceutical Companies: Can leverage the patent to secure exclusivity, develop generic challenges, or negotiate licensing.
- Investors: Should assess patent strength and remaining life to inform investments.
- Legal Practitioners: Need to evaluate validity, standing against prior art, and potential for infringement.
Key Takeaways
- Scope is centered on a specific class of compounds with defined structural features, complemented by formulation and therapeutic claims.
- Claims balance breadth and specificity, aiming to maximize protection while avoiding prior art pitfalls.
- The patent resides within a complex global landscape of pharmaceutical IP, with potential challenges from prior art and competing patents.
- Its enforceability hinges on the novelty and inventive step over existing chemical and therapeutic disclosures.
- Strategic considerations should include potential for licensing, challenges by generic companies, and development of new derivatives.
FAQs
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What is the primary focus of patent AU2007319141?
It covers novel chemical compounds, their pharmaceutical formulations, and therapeutic methods potentially targeting specific diseases.
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How broad are the claims likely to be?
The claims probably use Markush structures to cover a family of related compounds, with additional dependent claims covering specific substitutions and uses.
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What are the main challenges to this patent’s validity?
Prior art disclosing similar compounds or methods, and issues regarding inventive step, may threaten validity.
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How does this patent compare to international filings?
It likely has corresponding PCT applications, but differences in claim language and scope may exist across jurisdictions, affecting global enforcement.
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What is the strategic importance of this patent for a pharmaceutical company?
It provides exclusivity over a promising chemical class and treatment method, serving as a foundation for commercialization, licensing, or defense against generic entry.
References
- [1] Australian Patent AU2007319141, Official Patent Document.
- [2] Patent Scope and Strategy in Pharmaceutical Patents, WIPO Publication.
- [3] Global Patent Landscape for Pharmaceutical Compounds, IMS Health Reports.
- [4] Australian Patent Law and Pharmaceutical Patents, IP Australia Guidelines.
Note: This analysis assumes typical features of pharmaceutical patents with similar publication data. For precise claim text and detailed legal status, review of the official patent documentation is recommended.
