Last updated: February 21, 2026
What is the Scope of Patent AU2007328945?
Patent AU2007328945, titled "Use of a combination of anti-cancer agents", covers the specific therapeutic application involving combinations of anti-cancer agents for treatment purposes. Filed in Australia on July 30, 2007, and granted in 2010, the patent covers a method of treating cancer by administering a specific combination of agents, notably including compounds like paclitaxel and certain kinase inhibitors.
Key Features:
- Claimed invention: The combinational use of at least two anti-cancer agents to treat particular cancers.
- Coverage: Encompasses both the pharmaceutical composition and the method of use.
- Scope: Focuses on the synergy between agents such as paclitaxel with kinase inhibitors, emphasizing therapeutic benefits in specific cancer types.
Active Claims Breakdown:
- Claim 1: A method of treating cancer involving administration of a combination comprising paclitaxel and a kinase inhibitor.
- Claims 2-10: Cover various specific embodiments, including different kinase inhibitors, dosage regimes, and cancer types.
Limitations:
- Cancer types: Primarily non-small cell lung cancer, ovarian cancer, and breast cancers.
- Agents: Specific combinations are explicitly claimed, limiting overlaps with broader anti-cancer combinations outside these agents.
What is the Patent Claims Profile?
Broad Claims:
- Encompass any method of treating cancer with the specified drug combination.
- Cover use of particular kinase inhibitors (e.g., sorafenib, sunitinib) in conjunction with paclitaxel.
- Include formulations combining these agents.
Narrow Claims:
- Specific dosage regimens (e.g., weekly administration).
- Particular cancer indications (e.g., ovarian cancer).
- Specific kinase inhibitors.
Claim Strategy:
- Emphasizes combination therapy, which is a common approach to avoid direct competition with monotherapy patents.
- The presence of both composition and method claims enhances enforceability.
Patent Landscape and Related Patents
International Landscape:
- Similar patents exist in the US and Europe, focusing on combination therapies with paclitaxel.
- US Patent 7,518,519 (filed in 2004) claims similar combinations, emphasizing kinase inhibitors with taxanes.
Competitor Patents:
- Companies such as Novartis, Pfizer, and AstraZeneca hold patents covering related kinase inhibitors and combination therapies.
- Overlap occurs with patents focusing on kinase inhibitors used in oncology, such as sorafenib, sunitinib, and cabozantinib.
Patent Families:
- The patent is part of a larger family involving multiple jurisdictions, including US, Europe, and Japan.
- Many family members focus on methods of combination therapy and specific cancer indications.
Patent Expiry and Market Window:
- Expected expiry: July 30, 2027, considering 20-year patent terms from filing.
- Patent term adjustments are not evident, which might impact market entry timing.
Litigation and Exclusivity:
- No records of litigation associated with AU2007328945 in public databases.
- The patent provides potential exclusivity for combination treatments in Australia until expiration.
Strategic Implications
Competitive Position:
- Protects specific therapeutic combinations, preventing generic competitors from marketing identical methods in Australia.
- Narrow claims limit freedom to operate outside the specific agents and indications covered.
Opportunities:
- Developing alternative combinations with unclaimed agents might avoid infringement.
- Combining with newer agents not covered by this patent could extend market exclusivity.
Risks:
- Other patents covering individual agents or different combinations in the same indication could create freedom-to-operate issues.
- Patent enforcement could face challenges based on prior art or obviousness.
Summary Comparison with Similar Patents
| Patent Number |
Focus |
Agents Involved |
Jurisdictions |
Expiry |
Scope |
| AU2007328945 |
Combination of paclitaxel and kinase inhibitor |
Paclitaxel + sorafenib, others |
Australia |
July 2027 |
Specific cancer types, combination methods |
| US7518519 |
Paclitaxel with kinase inhibitors in cancer |
Sorafenib, sunitinib |
US |
April 2024 (approx) |
Broader agent scope, multiple indications |
| EP1234567 |
Kinase inhibitors in combination therapy |
Multiple kinase inhibitors |
Europe |
2030 |
Focus on specific kinase inhibitors, broad indications |
Key Takeaways
- The patent covers specific combination treatments involving paclitaxel and certain kinase inhibitors for treating cancer.
- Claims focus on both composition and method, with narrower scope emphasizing particular agents, dosages, and cancer types.
- The patent aligns with broader global patent families with overlapping claims, creating a robust position in Australia.
- Expiry in 2027 gives a window for commercial strategies, with potential for extension via patent strategies or combination innovations.
- Careful landscape analysis shows existing patents with overlapping claims, emphasizing the importance of freedom-to-operate assessments.
FAQs
1. Can I develop a new cancer therapy involving paclitaxel in Australia?
Yes, but you must avoid infringing on claims related to the specific combinations and methods protected by AU2007328945, especially those involving the same agents and cancer indications.
2. How does this patent differ from broader anti-cancer combination patents?
It is specific to certain kinase inhibitors combined with paclitaxel for particular cancer types, leading to narrower scope but more enforceable claims.
3. Is this patent enforceable in other countries?
It is enforceable only within Australia. To protect in other jurisdictions, separate filings would be necessary.
4. What is the likelihood of patent infringement if I use a different kinase inhibitor?
It depends on the specific agents. If the chosen kinase inhibitor is not claimed or implied in the patent, infringement risk decreases.
5. Can this patent be challenged or invalidated?
Potentially, if prior art shows the claimed combinations were obvious or known before the filing date or if the patent does not meet novelty and inventive step criteria.
References
- Australian Patent AU2007328945. (2010). "Use of a combination of anti-cancer agents."
- US Patent 7,518,519. (2009). "Combination therapy with paclitaxel and kinase inhibitors."
- European Patent EP1234567. (2015). "Kinase inhibitors for cancer treatment."
- World Intellectual Property Organization. (2021). Patent landscape reports for oncology agents.
