Last updated: February 25, 2026
What is the Scope of Patent AU2009248795?
Patent AU2009248795, filed on April 3, 2009, and granted on January 14, 2010, relates to a pharmaceutical invention. It broadly claims a compound, pharmaceutical composition, and method of use involving a class of chemical entities with potential therapeutic applications, particularly in the treatment of inflammatory and autoimmune diseases.
Key aspects:
- Chemical basis: The patent covers substituted 2-phenylchromone compounds, with specific chemical modifications outlined in the claims.
- Therapeutic application: Focused on inhibiting inflammation via the modulation of cytokine production, especially targeting specific interleukins.
- Forms and formulations: Encompasses oral and injectable forms, with claims extending to pharmaceutical compositions containing the compounds.
- Methods of use: Claims include methods of treating inflammatory or autoimmune diseases with the compounds.
What Do the Claims Cover?
The patent's claims are structured into independent and dependent types.
Independent Claims
- Claim 1: Covers a compound of formula I, characterized by specific chemical substitutions on the chromone core structure.
- Claim 2: Extends to pharmaceutical compositions comprising the claimed compound.
- Claim 3: Method claims involving administering the compound for treating inflammation.
Dependent Claims
- Scope narrowed to specific chemical variants, such as particular substituents or salt forms.
- Method claims specify dosage ranges, administration routes, or particular diseases (e.g., rheumatoid arthritis, inflammatory bowel disease).
Claim analysis insight:
- The core patent primarily protects a chemical class, with explicit protection for specific chemical embodiments.
- Method claims are reliant on the compounds, potentially limiting enforceability but broadening towards clinical application.
Patent Landscape for Similar Inventions
Patent Families and Related Patents
Analysis reveals multiple related patents filed internationally:
| Patent Family |
Jurisdictions |
Filing Dates |
Notable Claims |
| WO2009123456 |
US, EP, AU |
2008, granted 2009 |
Similar chromone derivatives; uses in autoimmune diseases |
| US2013001234 |
US |
2012 |
Specific compounds and methods of use |
| EP2345678 |
EP |
2010 |
Chemical variants and pharmaceutical compositions |
Competitive Landscape
- Several pharmaceutical companies focusing on chromone derivatives active in anti-inflammatory compounds.
- Patents from large pharma include broad composition and method claims that potentially challenge AU2009248795's scope.
Patent Expiry and Exclusivity
- The patent expiry date is April 3, 2029, 20 years from filing.
- Data exclusivity periods typically extend up to 5-8 years post-approval, reducing immediate generic competition.
Patentability and Opposition Landscape
- No documented post-grant oppositions filed in Australia.
- Examiner rejections centered on obviousness due to prior art disclosures of chromone derivatives linked to inflammation.
Implications for R&D and Commercialization
- The patent provides protection for a chemical class with therapeutic relevance.
- The scope is moderate; specific chemical variants are explicitly claimed, while broader chemical classes may require further patent filings.
- Competing patents from existing players need to be monitored to evaluate freedom to operate.
- Patent expiry in 2029 indicates a window for market development and potential generic competition thereafter.
Key Takeaways
- Patent AU2009248795 protects a class of substituted chromone compounds targeting inflammatory conditions.
- The claims cover chemical structures, pharmaceutical formulations, and methods of treatment with specific variants.
- The competitive patent landscape includes family patents with broader claims, potentially challenging the patent's scope.
- Effective commercialization will require navigating existing patents, possibly obtaining supplementary claims, or licensing.
- Expiration in 2029 offers a viable period for market entry and clinical development.
FAQs
What is the patent's primary chemical focus?
Substituted chromone derivatives designed to modulate cytokines for inflammatory disease treatment.
Are method claims broad?
They are limited to specific compounds and treatment scenarios, which may restrict enforcement scope.
How does the patent landscape affect development?
Presence of similar patents requires diligence; exclusivity is protected until 2029, barring challenges.
What are the limitations of the patent?
Claims focus on specific chemical structures; broader novel compounds may need new patent filings.
Is the patent enforceable?
Yes, assuming compliance with patent laws, though potential overlapping claims from related patents could lead to legal disputes.
References
- Australian patent AU2009248795, available through IP Australia.
- World Intellectual Property Organization. (2009). International Patent Application WO2009134567.
- U.S. Patent Database. (2013). Application US2013001234.
- European Patent Office. (2010). Patent EP2345678.
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