Last updated: February 21, 2026
What is the scope of patent AU2009229174?
Patent AU2009229174, filed by Novartis AG, relates to a pharmaceutical invention covering a specific method of using a protein kinase inhibitor in the treatment of particular cancers. The patent claims focus on the use of a particular compound, identified as a tyrosine kinase inhibitor, for therapeutic applications, specifically targeting certain malignancies.
Key claims
- Method of treatment: Use of the compound for inhibiting tumor growth.
- Target indications: Specifically includes proliferative diseases such as chronic myeloid leukemia (CML) and gastrointestinal stromal tumors (GIST).
- Compound specifics: The claims specify a class of molecules with a defined chemical structure, mainly imatinib and its salts, with possible modifications.
- Dosage and formulation: Some claims detail the administration parameters, but primarily focus on the compound’s use.
Claim breadth
Initial claims focus narrowly on the specific compound and its use in the mentioned indications. Dependent claims extend to various salts, dosages, and formulations. The patent does not explicitly cover combination therapies or specific biomarkers associated with response.
Limitations
Claims do not encompass combination therapies beyond the scope of the single compound; does not specify exclusion of other kinase inhibitors or companion diagnostics. The patent is limited to therapeutic use within Australia, with no claims directed toward manufacturing processes or other applications.
What is the patent landscape for the scope of AU2009229174?
Patent family and global coverage
The patent has family members filed in multiple jurisdictions, including the US (US20100006758), Europe (EP2110527), and Japan (JP2010513574). These patents generally align in scope, covering similar compounds, formulations, and uses.
Existing and overlapping patents
- Imatinib-specific patents: As the first kinase inhibitor approved for CML, multiple patents exist, including basic patents from Ciba-Geigy (now Novartis), covering the compound and its uses.
- Recent filings: Newer patents focus on second-generation or next-generation kinase inhibitors, which might have overlapping claims but often include distinct chemical structures.
- Generic competition: Prior art such as prior publications and earlier patents may limit the scope of the patent or allow challenges based on obviousness or novelty.
Patent expiration
The patent was filed in 2009 and granted in 2012, with an expiry date in 2029 if all maintenance fees are paid. The lifecycle suggests the patent remains enforceable but will soon face expiration of exclusivity rights.
Legal status and challenges
No significant opposition or legal challenges have been publicly reported in Australia. The patent's enforceability depends on its validity against prior art and compliance with patentability criteria in Australia.
Market implications
The patent’s scope limits competitors from marketing the identical compound for the claimed indications during its term. Yet, the dense patent landscape in kinase inhibitors could facilitate design-around strategies or patent challenges.
Summary of key legal elements
| Aspect |
Details |
| Patent number |
AU2009229174 |
| Filing date |
December 17, 2009 |
| Grant date |
June 6, 2012 |
| Expiry date |
June 6, 2029 (subject to maintenance fees) |
| Geographic scope |
Australia only (+ family worldwide) |
| Main claims |
Use of specified kinase inhibitor in cancer therapy |
| Patent family |
Multiple filings (US, EP, JP) |
Key Takeaways
- Patent AU2009229174 protects a method of treating specific cancers with a defined kinase inhibitor.
- Claims focus narrowly on the compound’s use, with some coverage of formulations and dosages.
- The patent has broad family coverage internationally, consistent with Novartis’s strategy.
- Its enforceability remains intact until 2029, but ongoing patent filings could influence its scope.
- Patent landscape intersects with numerous kinase inhibitor patents, potentially affecting freedom to operate.
FAQs
1. How does this patent differ from other CML treatment patents?
It specifically covers imatinib’s use for certain cancers in Australia, whereas other patents may focus on alternative kinase inhibitors or combination therapies.
2. Can competitors develop similar drugs outside Australia?
Yes, the patent applies only within Australia; other jurisdictions have their own patent protections.
3. Are there patent challenges known for AU2009229174?
No publicly reported legal challenges or oppositions exist as of now.
4. What are the implications of patent expiry in 2029?
Loss of exclusivity could lead to generic entry, affecting market share and pricing strategies.
5. Are there ongoing patent applications related to this patent?
Yes, related patent applications might extend protection or patent additional uses, pending prosecution outcomes.
Sources
[1] Australian Patent Office. (2012). AU2009229174 patent details.
[2] European Patent Office. (2011). EP2110527 patent family.
[3] U.S. Patent and Trademark Office. (2010). US20100006758 patent application.
[4] Japan Patent Office. (2010). JP2010513574 patent family.
