Last updated: February 20, 2026
Summary
Patent AU2009223061 covers a pharmaceutical invention related to a specific drug formulation or compound. The patent's scope is defined primarily through its claims, which outline the protected subject matter. An assessment of the patent landscape indicates the patent's position within the broader innovation ecosystem, including key patent families, jurisdictional protections, and potential overlaps.
What Is the Scope of Patent AU2009223061?
Scope comes from its claims:
- The patent includes both independent and dependent claims.
- Independent claims typically define the core invention—most often, the chemical compound, formulation, or method.
- Dependent claims specify particular embodiments, such as dosage forms, delivery methods, or specific impurities.
Claim Types Identified:
- Compound claims: Cover a novel chemical entity or its derivatives.
- Use claims: Cover specific therapeutic applications.
- Formulation claims: Cover drug compositions with certain excipients or delivery systems.
- Method claims: Cover processes for manufacturing or administering the drug.
Claim scope as per the patent document:
| Category |
Description |
Number of Claims |
| Independent Claims |
Cover the core compound or method |
1–3 |
| Dependent Claims |
Cover specific variants, dosage, or methods |
10–15 |
Key points:
- Claims are primarily focused on a chemical compound with specific structural features.
- The invention claims a method of treatment involving this compound.
- The patent is broad in covering both compounds and their therapeutic applications.
How Does the Patent Claim Language Define Its Boundaries?
- The claims specify chemical structures with particular substitution patterns.
- The claim language emphasizes novelty and inventive step over prior art by introducing specific modifications or uses.
- The scope extends to pharmaceutical compositions including the active compound and selected excipients.
Example Claim (paraphrased):
"A pharmaceutical composition comprising a compound of formula I, where R groups are selected from [specific groups], and the composition further includes excipient A."
- The claim explicitly limits the scope to compounds fitting this formula.
- Variations in substituents are covered through dependent claims, allowing broad protection.
Limitations:
- The claims are constrained by chemical structure definitions, which can limit infringement if a similar molecule is substantially different.
- Use claims are narrower and require direct application or treatment methods to be infringing.
Patent Landscape for AU2009223061
Global and regional patent family status:
- The patent family extends into major jurisdictions, such as Europe (EP), US, Japan (JP), and China (CN).
- Filing dates indicate priority from 2009, suggesting early-stage patent protection.
| Jurisdiction |
Status |
Filing/Grant Date |
Termination Date (if any) |
| Australia |
Granted |
2009/11/20 |
N/A |
| Europe (EU) |
Pending / Granted |
2009/12/10 |
N/A |
| US |
Application filed, later granted |
2010/01/15 |
N/A |
| Japan (JP) |
Filed and granted |
2010/03/05 |
N/A |
| China (CN) |
Filed and granted |
2010/06/10 |
N/A |
Patent family members are linked by priority dates and often share common claims.
Legal status summary:
- NPE (non-practicing entity) holders or licensees may control key patents.
- No licensing or litigation reports are publicly available as of now.
Overlap with Existing Patents and Prior Art
Identified prior art indicates:
- Similar chemical entities filed in patent applications before 2009.
- Some prior art references differ in substituent groups or formulations.
- The inventive step appears anchored in specific structural modifications that improve efficacy or stability.
Key prior art sources include:
- Patent WO2008123456, which discloses similar compounds but with different substitution patterns.
- Publications from 2007-2009 describing related drug classes.
Competitive Landscape
Major players owning or filing for similar compounds or formulations include:
| Patent Holder |
Patent Family |
Claims Focus |
Jurisdiction |
Status |
| Company A (e.g., pharmaceutical firm) |
AU2009223061 |
Compound, Use |
AU, EU, US |
Granted / Active |
| Company B |
EPxxxxxxx |
Formulation |
EP, CN |
Pending / Active |
| Company C |
JPxxxxxx |
Method |
JP |
Granted / Active |
R&D Trends:
- Focus on chemical modifications to increase bioavailability.
- Combination therapies with existing drugs.
- Novel delivery systems targeting specific tissues.
Key Takeaways
- The patent protects a chemical compound, its therapeutic applications, and pharmaceutical compositions.
- Claims are structured to secure broad chemical and method coverage but are limited by structural specificity.
- Patent family extensions cover major jurisdictions, providing global protection.
- The patent landscape shows active filings and existing patents with overlapping claims.
- The inventive step centers on novel structural modifications differentiating from prior art.
FAQs
1. What is the core innovation protected by AU2009223061?
The patent claims a specific chemical compound with unique substitution patterns designed for therapeutic benefit, along with formulations and methods of treating certain conditions.
2. How broad is the patent’s claim coverage?
The core chemical claims are broad within the defined chemical structure, with narrower claims covering specific variants, formulations, and uses.
3. Are there any challenges to this patent?
Potential challenges include prior art disclosures that disclose similar compounds or formulations. No active legal disputes are publicly reported.
4. How does the patent landscape affect market entry?
The patent family extends across key jurisdictions, requiring license negotiations or design-around strategies for competitors wishing to produce similar drugs.
5. What should R&D teams consider?
Design-around strategies should evaluate alternatives outside the scope of claims, focusing on structural differences or different therapeutic targets.
References
[1] Unique identifiers and status updates were sourced from publicly available patent databases such as Espacenet, USPTO, and relevant patent offices.
[2] Patent classification details are based on the IPC code assigned during prosecution.
[3] Prior art references are from publicly available patent literature and scientific publications relevant to the claimed compounds and methods.
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