Last updated: February 19, 2026
This analysis details the scope and claims of Australian patent AU2009200841, which covers a specific GABAA modulator compound. The patent landscape reveals key players and potential for market entry based on patent validity and competitive filings.
What is the core invention claimed in AU2009200841?
Australian patent AU2009200841 claims a compound characterized by a specific chemical structure: 3-amino-5-phenyl-1,2,4-oxadiazol-4(5H)-one. The patent also claims pharmaceutical compositions containing this compound, and its use in treating conditions modulated by GABAA receptors. These conditions include epilepsy, anxiety disorders, sleep disorders, and neuropathic pain. The compound is identified by its chemical abstract service (CAS) registry number 1003704-09-5.
What is the stated therapeutic purpose of the claimed compound?
The stated therapeutic purpose of the compound is to act as a positive allosteric modulator of GABAA receptors. This mechanism enhances the inhibitory neurotransmission mediated by GABAA, leading to therapeutic effects in neurological and psychiatric conditions. Specifically, the patent lists epilepsy, anxiety, insomnia, and neuropathic pain as target indications.
What is the geographic coverage of AU2009200841?
AU2009200841 is an Australian patent. Its legal protections and enforcement rights are therefore limited to the territory of Australia. The patent was granted on March 11, 2010, and its term would extend to 20 years from the filing date of the priority application, subject to payment of renewal fees. The filing date of AU2009200841 itself was February 19, 2009, with a priority date of February 20, 2008, claimed from a United States provisional application.
What are the key claims of AU2009200841?
The granted claims of AU2009200841 define the scope of protection.
- Claim 1: This claim is for the compound 3-amino-5-phenyl-1,2,4-oxadiazol-4(5H)-one. This is the central compound claim.
- Claim 2: This claim relates to pharmaceutical compositions comprising the compound of Claim 1 and a pharmaceutically acceptable carrier.
- Claim 3: This claim covers the use of the compound of Claim 1 for the manufacture of a medicament for treating epilepsy.
- Claim 4: This claim covers the use of the compound of Claim 1 for the manufacture of a medicament for treating anxiety disorders.
- Claim 5: This claim covers the use of the compound of Claim 1 for the manufacture of a medicament for treating sleep disorders.
- Claim 6: This claim covers the use of the compound of Claim 1 for the manufacture of a medicament for treating neuropathic pain.
- Claim 7: This claim defines a method of treating epilepsy by administering the compound of Claim 1.
- Claim 8: This claim defines a method of treating anxiety disorders by administering the compound of Claim 1.
- Claim 9: This claim defines a method of treating sleep disorders by administering the compound of Claim 1.
- Claim 10: This claim defines a method of treating neuropathic pain by administering the compound of Claim 1.
These claims establish a broad protection encompassing the active pharmaceutical ingredient (API), its formulation, and its therapeutic applications across several significant medical indications.
Who is the assignee of AU2009200841?
The assignee of AU2009200841 is Merck Sharp & Dohme Corp. This indicates that the patent rights are held by Merck & Co., Inc., a major global pharmaceutical company.
What is the patent family and priority status related to AU2009200841?
AU2009200841 is part of an international patent family. The priority date of February 20, 2008, from a US provisional application US61/065,669, signifies the earliest documented invention date for the subject matter. This priority date is crucial for determining novelty and inventiveness against prior art. Patent families extend protection to multiple jurisdictions, allowing for global intellectual property strategy. Searching for related patents in major markets (e.g., US, EP, JP, CN) is essential for a comprehensive landscape analysis.
What is the competitive patent landscape in Australia for GABAA modulators?
The competitive landscape for GABAA modulators in Australia is characterized by filings from various pharmaceutical entities. While AU2009200841 specifically claims a compound with a unique structure, other patents exist that cover related chemical entities, formulations, or therapeutic uses of GABAA receptor modulators.
- Competitor Filings: Companies such as Neurocrine Biosciences, Inc., UCB Pharma SA, and Grünenthal GmbH have also filed patents in Australia related to GABAA receptor modulators. These filings often target specific subtypes of GABAA receptors or distinct therapeutic applications, potentially creating overlapping or adjacent intellectual property rights.
- Patent Expirations: The patent expiry dates for existing GABAA modulator patents in Australia are critical. Patents filed around the same time as AU2009200841, particularly those claiming compounds with similar therapeutic profiles, would likely expire around the early to mid-2030s, depending on their priority dates and grant dates. This information is vital for companies considering generic entry or developing next-generation therapeutics.
- Orphan Drug Designations: Any orphan drug designations granted in Australia for specific GABAA modulator compounds can influence market exclusivity beyond patent expiry. These designations provide market protection periods (typically 5 years post-approval) in addition to patent life.
- Compulsory Licensing and Patent Challenges: The possibility of compulsory licensing or patent opposition proceedings in Australia can alter the competitive landscape. These mechanisms can be invoked under specific circumstances outlined in Australian patent law, potentially impacting the market exclusivity of patented compounds.
What is the current status and potential implications of AU2009200841 for market entry?
As of its grant date, AU2009200841 provides Merck Sharp & Dohme Corp. with exclusive rights to the claimed compound and its uses in Australia.
- Exclusivity Period: The patent's term provides a period of market exclusivity for Merck Sharp & Dohme Corp., preventing competitors from manufacturing, importing, or selling the specific compound (CAS 1003704-09-5) or compositions containing it for the claimed therapeutic indications within Australia. The exact remaining term depends on the date of analysis relative to the patent's expiry date.
- Freedom-to-Operate (FTO): For any company seeking to develop or market a similar GABAA modulator in Australia, a thorough FTO analysis is mandatory. This analysis would assess whether their intended product infringes any active patents, including AU2009200841 and other relevant filings.
- Licensing Opportunities: If AU2009200841 remains in force and active, potential licensees would need to negotiate terms with Merck Sharp & Dohme Corp. to gain access to the patented technology. This could involve upfront payments, milestone payments, and royalties.
- Generic Competition: Upon expiry of AU2009200841 and any associated regulatory exclusivities (e.g., data exclusivity), generic manufacturers may enter the Australian market with their versions of the drug, provided they demonstrate bioequivalence and meet regulatory approval standards.
The strategic value of AU2009200841 lies in its specific compound claim, which offers a strong foundation for market exclusivity for the patent holder. For third parties, understanding its claims and expiry is critical for planning R&D and market entry strategies.
Key Takeaways
- Australian patent AU2009200841 grants exclusive rights for the GABAA modulator compound 3-amino-5-phenyl-1,2,4-oxadiazol-4(5H)-one (CAS 1003704-09-5) and its therapeutic uses to Merck Sharp & Dohme Corp.
- The patent covers the compound itself, pharmaceutical compositions, and its application in treating epilepsy, anxiety disorders, sleep disorders, and neuropathic pain.
- The patent's priority date of February 20, 2008, established from a US provisional application, is a key factor in its novelty and inventiveness assessment.
- The competitive landscape in Australia for GABAA modulators includes filings from multiple pharmaceutical companies, necessitating comprehensive freedom-to-operate analyses.
- The patent's expiry date will dictate the timeline for potential generic competition or the development of next-generation therapeutics in the Australian market.
Frequently Asked Questions
What is the precise chemical name of the compound claimed in AU2009200841?
The precise chemical name is 3-amino-5-phenyl-1,2,4-oxadiazol-4(5H)-one.
What is the CAS registry number associated with the claimed compound?
The CAS registry number is 1003704-09-5.
When was AU2009200841 granted?
The patent was granted on March 11, 2010.
What specific therapeutic indications are covered by the patent claims?
The patent claims cover the treatment of epilepsy, anxiety disorders, sleep disorders, and neuropathic pain.
Who is the current owner or assignee of AU2009200841?
The assignee of AU2009200841 is Merck Sharp & Dohme Corp.
Citations
[1] Commonwealth of Australia. (2010). Australian Patent Application AU2009200841. IP Australia.
[2] Merck Sharp & Dohme Corp. (2008). US Provisional Patent Application US61/065,669. United States Patent and Trademark Office.
