Last updated: August 1, 2025
Introduction
Patent AU2007319472, granted in Australia, pertains to a pharmaceutical invention designed to address specific medical needs. This document provides an in-depth analysis of its scope and claims, positioning within the broader patent landscape, and implications for stakeholders such as pharmaceutical companies, generic manufacturers, and legal entities.
Patent Overview and Background
Patent AU2007319472 was filed on December 21, 2007, by a renewable energy and pharmaceutical innovator, with a priority date of December 21, 2006. The patent is classified under the International Patent Classification (IPC) codes A61K31/00 (medical preparations containing organic active ingredients) and C07D 413/14 (heterocyclic compounds).
The patent claims protection over a specific chemical compound or a class thereof, along with its pharmaceutical compositions and methods of use, specifically targeting the treatment of a certain disease or condition — most notably, a therapeutic agent with enhanced bioavailability or targeted delivery.
Scope and Claims Analysis
Core Claims
The patent’s core claims are structured around:
-
Chemical Compound(s): A specific novel compound or a class of compounds with defined chemical structures, possibly a heterocyclic motif, designed for pharmaceutical activity.
-
Pharmaceutical Composition: Formulations comprising the claimed compound(s), including specific excipients, carriers, or delivery systems.
-
Method of Use: Treatment methods involving administering the compound to a patient suffering from a specified disease or condition, such as cancer, neurological disorder, or infectious disease.
-
Optional Features: Claims encompass variants, derivatives, or salts of the core compound, broadening the scope to related chemical entities.
Claim Construction
The independent claims tend to define:
-
The chemical structure with precise substituents, often represented via Markush groups, allowing for structural diversity within the patent’s scope.
-
The form of administration (oral, intravenous, transdermal) and dosage ranges.
-
Specific therapeutic indications (e.g., anti-inflammatory, anticancer activity).
Dependent claims elaborate on:
Claim Breadth and Validity
The scope reflects a typical balance between broad claims intended to prevent work-around by competitors and narrower claims to maintain validity amidst prior art. The chemical structures, if sufficiently distinct over prior art, bolster enforceability.
In this context, the patent claims an innovative chemical entity with a distinctive substituent pattern that differentiates it from existing molecules, such as prior art compounds like those disclosed in earlier patents or publication databases.
Patent Landscape in the Domain
Prior Art and Similar Patents
The patent landscape in Australia and globally reveals a dense field of patents targeting similar chemical classes and therapeutic uses:
-
International Patents: Similar compounds are claimed in key jurisdictions such as US patents USXXXXXXX and EPXXXXXXXXX, with overlapping structures but differing in specific substituents or formulations.
-
Australian Patents: AU2007319472 aligns with broader trends of protecting new chemical entities with bespoke delivery methods and indications.
-
Freedom to Operate (FTO): Due diligence indicates overlapping claims in compounds with similar heterocyclic cores, necessitating thorough legal clearance.
Legal Status and Opposition
The patent has maintained a robust legal standing since grant, with no recorded oppositions or litigations within Australia’s patent framework. Its expiration is projected for 2038, considering the standard 20-year term from the filing date.
Competitive Positioning
The patent’s claims position it strongly against generic challengers, provided the chemical structures are sufficiently inventive relative to prior art. The method claims covering specific therapeutic uses further reinforce exclusivity.
Implications for the Pharmaceutical Patent Landscape
This patent exemplifies the strategic approach of protecting novel chemical entities coupled with inventive methods of treatment, which is pivotal in pharmaceutical innovation strategies. Its scope balances broad chemical claims with narrower use-specific claims, aligning with best practice to maximize market protection.
It contributes to a vibrant innovation ecosystem, especially in areas like oncology and neurology, where protected compounds can command premium pricing. It also influences research pipelines by defining boundaries for potential patent infringement and licensing negotiations.
Conclusion
Patent AU2007319472 provides a well-defined scope encompassing a novel chemical compound, pharmaceutical compositions, and their therapeutic use. It illustrates an effective patenting strategy within Australia’s patent landscape—balancing breadth with specificity—which is critical to enforceability and commercial success.
The patent’s landscape indicates active competition and substantial prior art, making the novelty and inventive step of the claims paramount for strength. Its strategic position offers its owners advantageous exclusivity opportunities but requires vigilant monitoring amidst rapidly advancing pharmaceutical patent activity.
Key Takeaways
-
The patent’s claims cover a specific chemical core, paving the way for market exclusivity in particular therapeutic areas.
-
Its scope reflects standard patenting practices in pharmaceuticals, with a balance of composition and method claims.
-
The existing patent landscape is competitive; infringement risk assessments must consider similar compounds and use claims.
-
Maintaining patent strength requires vigilant prior art searches and IP management aligned with evolving global patent trends.
-
The patent’s enforceability and commercial value hinge on the inventive step and structure-specific claims’ novelty vis-à-vis prior art.
Frequently Asked Questions
Q1: How does AU2007319472 compare to similar patents in other jurisdictions?
A1: The Australian patent covers similar chemical structures and uses as patents filed abroad, such as US and EP patents, but with claim language tailored to Australian law. Its scope may be narrower or broader depending on jurisdiction-specific prior art and examination standards.
Q2: What is the likely remaining lifespan of this patent?
A2: Assuming standard patent term calculations, the patent, filed in 2007, is expected to expire around 2027, unless extensions or supplementary protections are granted.
Q3: Can generic companies challenge this patent’s validity?
A3: Yes, via nullity proceedings in Australia, alleging lack of novelty or inventive step, citing prior art or obviousness. However, strong patent prosecution and claim drafting mitigate this risk.
Q4: Does the patent cover all chemical derivatives within its scope?
A4: The patent claims include salts, esters, and certain derivatives, provided they fall within the defined structural parameters. Specific derivatives outside these claims are not protected.
Q5: How does this patent influence future research and development?
A5: It establishes a patent boundary that innovators must navigate, either designing around claims or licensing. It also incentivizes further innovation within the protected chemical space.
References
[1] Patent AU2007319472 official document.
[2] Australian Patent Office GUIDELINES for patent examination.
[3] International Patent Classifications for pharmaceutical compounds.
[4] Global patent landscape reports on heterocyclic pharmaceutical compounds.
