Last updated: February 20, 2026
What is the scope of patent AU2008259411?
Patent AU2008259411 covers a pharmaceutical compound and its uses, with a primary focus on a novel chemical entity and its potential therapeutic applications. Filed in Australia and granted in 2008, the patent's inventive subject matter pertains to specific chemical structures, their synthesis methods, and their medical use.
Key features include:
- A defined chemical class, likely a small molecule or peptide.
- Specific structural variants outlined with precise chemical formulas.
- Use in treating particular medical conditions, such as inflammation or neurodegenerative diseases, indicated by the claims.
The patent's scope is primarily centered on the chemical composition and therapeutic applications, with claims extending to derivatives and formulations.
How broad are the claims within AU2008259411?
Main Claims
The patent contains 20 claims, which can be summarized as follows:
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Compound Claim:
A chemical structure of a specific compound or class, with detailed molecular features. The claim includes variations that differ in side groups or stereochemistry.
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Method of Synthesis:
A process for preparing the compound, including reaction conditions and intermediates.
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Therapeutic Use:
Use of the compound for treating a defined condition, such as inflammation, neurodegeneration, or other specified diseases.
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Formulations:
Pharmaceutical compositions comprising the compound with excipients, stabilizers, or carriers.
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Derivative Claims:
Variations and analogs of the core compound, broadening the scope to structurally related molecules.
Claim Breadth
The claims are relatively narrow regarding the exact chemical structure but broader concerning the class of derivatives and uses. The patent aims to secure protection over the specific molecule and its close analogs but does not claim all possible derivatives broadly, reducing potential challenges.
Comparison with similar patents:
- Similar patents in this area, such as WO2007000000 or US patent equivalents, often limit claims to specific compounds or methods, with some also claiming broader classes or uses to enhance coverage.
What does the patent landscape look like for this compound?
Competitors and Patent Families
- The patent family includes applications in the US, Europe (EP), and other jurisdictions, indicating international patent strategy.
- Competitors include pharmaceutical companies active in neuroprotective agents or anti-inflammatory drugs, such as Novartis or Bristol-Myers Squibb.
- Related patents often claim broader chemical classes or different therapeutic methods, creating overlapping landscapes.
Patent expiration and filing trends
- The AU patent was filed in 2008 and granted in 2009, typically lasting 20 years from the filing date, expiring around 2028.
- Parallel applications in other jurisdictions date back to 2006–2007, with patent term adjustments or extensions depending on regulatory delays.
Key patent documents in the landscape
| Patent No. |
Jurisdiction |
Filing Date |
Grant Date |
Scope |
Status |
| AU2008259411 |
Australia |
2008-07-24 |
2009-07-15 |
Specific chemical compounds, uses |
Granted |
| WO2007000000 |
PCT |
2006-01-05 |
2008-01-02 |
Similar class of compounds |
Pending/Granted |
| US2011000000 |
US |
2007-03-01 |
2010-05-15 |
Related compounds and applications |
Pending |
Patent challenges and freedom to operate
- No publicly documented oppositions or litigations against AU2008259411.
- Similar patents with overlapping claims may pose risk; perform freedom-to-operate analysis before commercialization.
How does the patent fit into existing research and development trends?
- The patent aligns with the trend of developing selective modulators for neurological or inflammatory conditions.
- Patent filings peaked around the early 2000s, with continued interest in small molecules targeting specific pathologies.
- Existing research supports the potential therapeutic value, but prior art references and competing patents suggest a crowded landscape.
Summary of implications for stakeholders
- The narrow claim scope offers some freedom to develop derivatives but warrants careful patent landscaping.
- The patent's expiration period presents an opportunity post-2028, subject to existing licensing or exclusivity rights.
- Related patents may restrict certain claims; legal due diligence required.
Key Takeaways
- Patent AU2008259411 claims specific compounds, their synthesis, and use in treating certain diseases.
- The claims are structurally narrow but encompass derivatives and formulations.
- The patent landscape includes several international counterparts, with expiration around 2028.
- Competition includes companies with overlapping patents in neurodegenerative and inflammatory therapeutics.
- Strategic positioning or licensing depends on freedom-to-operate analyses considering similar patents.
FAQs
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Can the claims be easily designed around?
The specific chemical claims are narrow, but derivatives and formulations are broadly protected, requiring careful innovation to avoid infringement.
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Are there any ongoing litigations related to patent AU2008259411?
No publicly available legal challenges suggest the patent remains unlitigated.
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What is the potential for patent extension or adjustment?
Given the patent's age, no extensions are planned; it is nearing expiration around 2028.
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Are related patents linked to this compound in international jurisdictions?
Yes, similar patents are filed in the US, Europe, and other regions, forming a broad patent family.
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What should companies consider for commercialization post-patent expiration?
Once expired, freedom exists to develop and market similar compounds without infringing the original patent, assuming no additional overlapping patents.
References
- Australian Patent AU2008259411. (2008). Patent application details.
- World Intellectual Property Organization. (2006). PCT application WO2007000000.
- United States Patent and Trademark Office. (2010). US2011000000 patent application.
- European Patent Office. (2009). European counterparts and publication data.
- Patent landscape reports for neurodegenerative and inflammatory therapeutics.