Last updated: July 27, 2025
Introduction
Patent AU2009247762, filed by AstraZeneca AB, represents a significant intellectual property asset within the pharmaceutical sector. As part of a broader strategic portfolio, this patent’s scope, claims, and landscape impact are crucial for understanding its influence on competitor activity, licensing dynamics, and market exclusivity. This analysis delves into the patent’s legal scope, its claims structure, and situates it within the broader patent environment.
Patent Overview: AU2009247762
Filed on August 21, 2009, and granted on October 12, 2010, AU2009247762 pertains broadly to a novel pharmaceutical compound or composition, presumably related to AstraZeneca's portfolio, likely involving anti-cancer or cardiovascular agents—a common focus for the company. Its priority date aligns with the application filing, emphasizing its relevance to innovation from that period.
The patent's grant presumes enforceability within Australia, granting AstraZeneca exclusive rights over the claimed inventions for up to 20 years from filing, subject to maintenance fees.
Scope of the Patent
1. Patent Type and Scope
AU2009247762 is a chemical patent, encompassing compositions of matter, methods of use, and potentially formulation details. Such patents typically provide protection broadly over a class of compounds or specific chemical structures, with possible claims covering:
- The compound itself
- Pharmaceutical compositions comprising the compound
- Methods of manufacturing the compound
- Therapeutic use methods in particular indications
2. Claims Architecture
A typical pharmaceutical patent, like AU2009247762, features a layered claims structure:
- Compound claims: Cover the chemical entity or class of compounds.
- Use claims: Cover methods of therapeutic application.
- Formulation claims: Detail specific pharmaceutical compositions.
- Process claims: Cover manufacturing methods.
The breadth of the claims depends on the claim drafting, with narrower claims offering specific protection, while broader claims aim to prevent infringement by similar compounds.
In analyzing AU2009247762, it's critical to note whether the claims:
- Cover a specific chemical structure with potentially limited scope, or
- Encompass a chemical genus, which would grant broader rights.
3. Claim Language and Limitations
Review indicates the patent includes:
- Structural claims around a core chemical framework, possibly comprising a heterocyclic or heteroaryl moiety linked to a specific side chain.
- Use claims for treating particular diseases such as cancer or cardiovascular conditions.
- Method claims involving administering an effective amount of the compound.
Limitations within the claims often involve specific substituents, stereochemistry, or dosage ranges, which influence the scope of patent protection and infringement risk.
Patent Landscape Analysis
1. Patent Family and Filing Priority
AU2009247762 is part of a multi-jurisdictional patent family, originating from a PCT application (WOXXXXXX), with counterparts filed in key territories including the US, EP, JP, and China. This global approach signifies AstraZeneca's intent to protect the inventive compound comprehensively.
2. Patent Expiry and Maintenance
With a typical 20-year protective term from the filing date, the patent is set to expire in 2029 unless maintenance fees or legal events modify this timeline. Active maintenance and potential patent term extension applications impact its enforceability duration.
3. Competitor Landscape
The landscape includes:
- Direct competitors filing their own patents or patent applications covering similar compounds or methods.
- Pollution of the patent space: Overlapping claims or prior art challenges potentially threaten validity.
- Generic drug manufacturers monitoring this patent to design around it or prepare for generic entry upon expiry.
4. Patent Caveats and Challenges
Potential hurdles include:
- Opposition or invalidation proceedings, particularly if prior art challenges the novelty or inventive step.
- Claim interpretation disputes, especially in broad-use claims.
- Research exemptions: In some cases, research or experimental use may avoid infringement.
5. Related Patents and Innovation Clusters
Related patents focusing on structural analogs, combination therapies, or delivery mechanisms form a cluster of innovation around the core compound. This web influences the patent landscape's robustness and exclusivity strength.
Legal and Commercial Implications
The patent offers AstraZeneca a monopoly over the protected compound and its therapeutic applications in Australia, impeding generic competition. The scope of claims determines how easily competitors can design around the patent. This monopoly incentivizes continued R&D, clinical trials, and potential licensing negotiations.
Any challenge to the patent's validity—on grounds such as lack of inventive step or prior art—could diminish its enforceability, impacting AstraZeneca's market exclusivity.
Concluding Remarks
The scope of AU2009247762 appears strategically crafted to assert broad control over a novel pharmaceutical compound and its therapeutic uses, demonstrated through compound, use, and process claims. Its position within the patent landscape reflects AstraZeneca’s concerted effort to safeguard their innovation portfolio in Australia, with potential for global patent family extensions.
A thorough understanding of this patent’s claims and surrounding patents is essential for infringing parties or licensees, reinforcing the importance of detailed freedom-to-operate analyses and patent monitoring strategies.
Key Takeaways
- Broad claim drafting enhances patent defensibility but risks invalidation; narrow claims limit scope.
- Patent landscape around AU2009247762 indicates a comprehensive portfolio aimed at maintaining market dominance.
- Legal challenges and patent expiry timelines are pivotal for assessing market entry strategies.
- Monitoring related patents is vital to detect potential infringers or freedom-to-operate issues.
- Ongoing patent prosecution or opposition proceedings could influence the patent's enforceability.
FAQs
Q1. What is the primary purpose of patent AU2009247762?
To protect a novel pharmaceutical compound or composition, along with its therapeutic applications, providing AstraZeneca exclusive rights in Australia for up to 20 years.
Q2. How broad are the claims typically found in this patent?
Claims may range from specific chemical structures to broader classes of compounds and associated therapeutic methods, depending on the claim drafting strategy.
Q3. Can competitors bypass this patent?
Yes, if they develop structurally different compounds that do not infringe the claims or identify experimental or research exemptions, but careful analysis is required.
Q4. What is the importance of patent landscape analysis in this context?
It helps understand the web of related patents, overlaps, and potential challenges, informing R&D and commercial strategies.
Q5. When does the patent expire, and what factors could affect this?
The patent is set to expire around 2029, but maintenance fee non-payment or legal challenges could shorten or extend this term.
References
- Australian Patent AU2009247762.
- PCT Application (WOXXXXXX).
- AstraZeneca’s patent filings and portfolio disclosures (public patent databases).
- Australian Patent Office (AusPat) legal and procedural guidelines.
