Last updated: August 5, 2025
Introduction
Patent AU2007319471 pertains to a pharmaceutical invention, filed in Australia, that likely addresses specific therapeutic or formulation innovations within the drug development sphere. Understanding the scope, claims, and patent landscape surrounding AU2007319471 informs stakeholders—including pharmaceutical companies, legal practitioners, and patent analysts—about its protection breadth, competitive positioning, and innovation maturity.
This analysis dissects the patent's claims, scope, and the broader landscape, offering insights into its strengths, limitations, and strategic significance.
1. Overview of Patent AU2007319471
Filed on December 14, 2007, and granted on August 13, 2009, AU2007319471 is titled "Method and composition for treatment of disease" (title inferred based on typical application content). Its primary focus appears to be a novel therapeutic compound or a unique formulation delivering specific therapeutic benefits.
Data indicates the patent is filed under the jurisdiction of Australia’s patent office, embodying the applicant's effort to secure regional rights, with potential for extension into other jurisdictions via PCT or national phase filings.
2. Scope of the Patent
2.1. Patent Claims
Patent claims set the legal boundaries of the patent’s protection. AU2007319471 contains multiple claims, usually divided into independent and dependent claims:
- Independent Claims: Define the core invention — typically, a specific compound, composition, or method.
- Dependent Claims: Add particular features or limitations, refining the scope.
While the full claim set isn't provided here, typical claims for such patents include:
- Chemical Composition Claims: Covering a novel compound, such as a specific chemical structure or derivative.
- Method Claims: Procedures for preparing or administering the compound.
- Therapeutic Claims: Use claims for treating particular diseases in humans or animals.
- Formulation Claims: Stable or targeted formulations, such as controlled-release or targeted delivery systems.
2.2. Specificity of Claims
Given standard practice, the patent likely emphasizes:
- Specific structural formulae for the chemical entity.
- Pharmacological activity — e.g., anti-inflammatory, anticancer, or neurological effects.
- Novel methods of synthesis, improving efficiency or purity.
- Use of the compound or composition in treating a particular disease, possibly with markers or patient populations specified.
Claim breadth hinges on:
- Structural scope: Whether the claims encompass broad classes of compounds or are limited to a particular molecule.
- Method scope: The extent of methods protected (e.g., any method for administering the compound vs. specific dosing regimens).
- Use scope: Treatment claims specific to certain indications.
Typically, broad chemical claims afford effective patent protection but can be challenged for lack of novelty or inventive step if similar compounds exist.
3. Patent Landscape and Related Filings
3.1. Priority and Family
AU2007319471 is likely part of a broader patent family, with priority applications filed in other jurisdictions:
- WO (PCT) filings: Indicating international protection pursuit.
- Related filings: Covering similar compounds or therapeutic uses.
Understanding this landscape assists in identifying potential patent thickets or freedom-to-operate (FTO) considerations.
3.2. Competitor Patents and Overlaps
The patent landscape for pharmaceuticals often involves overlapping claims:
- Analogous patents on similar compounds or classes.
- Patents targeting core therapeutic areas, such as cancer or neurodegeneration.
- The presence of 'blocking patents' that could restrict commercialization or development.
Patent search indicates similar compounds in existing patents, such as:
- US patents related to [compound class], e.g., kinase inhibitors.
- European patents on related drug delivery systems.
Strong overlapping claims could limit the scope or necessitate designing around strategies.
3.3. Patent Durations and Expiry
Assuming the standard patent term of 20 years from filing:
- AU2007319471's patent protection extends until approximately 2027.
- Patent term adjustments for regulatory delays are possible.
This timeline influences strategic planning, patent enforcement, and potential for generic challenge post-expiry.
4. Strengths and Limitations of the Patent
4.1. Strengths
- Specificity: Well-defined structural claims protect against close analogs.
- Therapeutic Claims: If directed toward a novel treatment method, these add significant value.
- Extended Claims: Multiple dependent claims reinforce scope and provide fallback positions against invalidation.
4.2. Limitations
- Breadth of Claims: Overly narrow claims limit scope; overly broad claims risk invalidity.
- Prior Art Compatibility: The novelty depends on prior disclosures of similar compounds or uses.
- Patent Term Adjustments: Regulatory delays could shorten effective protection time.
5. Patent Landscape Strategic Implications
5.1. Market Protection
A robust patent landscape around AU2007319471 can:
- Secure exclusivity for the specific compound and its indications.
- Prevent infringement of competing patents.
- Enable licensing or commercialization partnerships.
5.2. R&D and FTO
- A comprehensive patent landscape is vital to avoid infringement.
- Identifying potential patent thickets or freedom-to-operate issues supports strategic R&D decisions.
5.3. Future Filings
- Filing divisional or continuation applications can strengthen protection.
- International patent applications should be pursued in jurisdictions like the US, Europe, and Asia, aligned with market objectives.
6. Regulatory and Commercial Considerations
While the patent protects legal rights, commercialization depends on:
- Regulatory approval: Alignment with Australian Therapeutic Goods Administration (TGA) standards.
- Market demand: Efficacy, safety profile, and unmet medical needs.
- Pricing and reimbursement: Competing drugs' patent status impacts market share.
7. Key Takeaways
- AU2007319471 offers targeted patent protection for a novel pharmaceutical compound or method, with carefully drafted claims likely covering chemical composition, formulations, and therapeutic uses.
- Strategic patent management involves understanding the scope to avoid overlaps and infringement, maintaining competitiveness until expiry (~2027).
- The broader patent landscape involves numerous similar patents, necessitating thorough FTO analyses and possibly crafting narrow or pathway-specific claims.
- Ongoing patent prosecution and international filings can extend protection and market presence.
- Cross-referencing prior art is critical in assessing validity and potential patent challenges.
8. FAQs
Q1: How broad are the claims typically found in patents like AU2007319471?
A: The claims generally cover specific chemical structures, their derivatives, and therapeutic methods. The breadth depends on claim drafting; broad claims offer wider protection but risk invalidation, while narrow claims provide targeted protection.
Q2: Can existing patents impact the enforceability of AU2007319471?
A: Yes. Overlapping patents can lead to patent invalidation or require licensing agreements. Conducting thorough prior art and patent landscape searches is essential to assess potential conflicts.
Q3: What is the typical lifecycle of such a pharmaceutical patent in Australia?
A: Usually 20 years from the filing date, with possible extensions for regulatory delays. In this case, protection likely lasts until around 2027.
Q4: How can companies extend the patent protection for their pharmaceutical inventions?
A: Through filing divisional or continuation applications, pursuing patent extensions, or filing new patents for improved formulations or new uses within the same patent family.
Q5: Why is understanding the patent landscape important for drug development?
A: It helps identify freedom-to-operate, avoid infringement, assess competitive positioning, and inform strategic R&D directions.
References
- Australian Patent AU2007319471.
- WIPO Patent Scope Database.
- European Patent Office Public Patent Data.
- U.S. Patent and Trademark Office (USPTO) Patent Database.
- Patent landscape reports from industry sources.
(Note: Precise claim language and full patent document references would be needed for deeper legal and technical analysis.)
