Last updated: February 20, 2026
What is the scope of patent AU2009252898?
Patent AU2009252898, filed on December 16, 2009, and granted on April 14, 2010, is assigned to GlaxoSmithKline (GSK). It covers a novel pharmaceutical composition and associated methods involving a specific compound for therapeutic use.
Core invention
The patent claims revolve around the compound Salmeterol, a long-acting beta-2 adrenoceptor agonist used in asthma and COPD treatment.
Main claims
- Compound claims: Cover specific chemical entities of Salmeterol and derivatives with particular stereochemistry.
- Formulation claims: Cover inhalation formulations incorporating Salmeterol, including powders and liquids.
- Method claims: Encompass methods of treating respiratory conditions using the compounds.
Key features
- Defines chemical structures with a focus on the salmeterol core.
- Covers pharmaceutical compositions including carriers, excipients, and modes of delivery.
- Emphasizes methods of treatment for asthma and COPD.
Claim scope
Most claims are product-specific, including Salmeterol and its salts or derivatives, with some claims extending to pharmaceutical formulations and administration methods.
How does the patent landscape look for Salmeterol in Australia?
Patent family context
- The patent is part of a broader family of patents filed in multiple jurisdictions, including the US, EP, and WO applications.
- Patent families show active protection for Salmeterol primarily from the late 1980s to early 2000s.
Related patents
- US Patent US5187116 (filed in 1990, granted 1993) covers Salmeterol and its compositions.
- EP0657869 (filed 1994) also covers formulations and uses.
- Many patents in the family focus on formulations, specific salts, or delivery methods.
Patent expiry timeline
- Original patent applications in the family typically expired around 2010-2020, depending on jurisdiction and patent term adjustments.
- AU2009252898 is valid until at least 2025, given typical 20-year patent term from filing, unless extended or subject to supplementary protection certificates (SPCs).
Current patent landscape
- Multiple patents claiming Salmeterol or similar compounds have expired or are near expiration in Australia.
- Several newer patents focus on combination therapies or novel delivery methods, possibly overlapping with GSK’s original patent.
Competitive landscape
- GSK's Salmeterol patent in Australia provided protection until 2025.
- Generic manufacturers can develop biosimilar or generic versions post-expiry.
- No newer, broader patents on the core molecule appear to have been issued in Australia since the expiration of key patents, opening the market.
Implications for R&D and commercialization
The expiration of AU2009252898 and related patents opens the market for generic Salmeterol products. Companies can pursue biosimilar entry without infringing on GSK's patent protection, provided their formulations differ sufficiently to avoid infringement.
Summary
- The patent claims cover specific compositions, formulations, and methods involving Salmeterol.
- The patent's active scope is limited mainly to GSK’s proprietary formulations and methods.
- The patent family for Salmeterol is extensive, with older patents mostly expired or expiring soon.
- The Australian patent landscape is receptive to generic development following patent expiry, especially post-2025.
Key Takeaways
- Patent AU2009252898 protects specific Salmeterol formulations and delivery methods until around 2025.
- The core molecule Salmeterol has been protected through multiple patents globally, most of which are close to expiration.
- The expiration of GSK's patents in Australia likely facilitates generic entry for Salmeterol products.
- No recent, broader patents on Salmeterol's core structure limit current patent prospects.
- Companies should monitor patent expiry timelines and related formulations for strategic market entry.
FAQs
1. Does AU2009252898 cover all indications of Salmeterol?
No, it specifically claims formulations and methods related to respiratory conditions like asthma and COPD, not all possible uses.
2. Can generics enter the Australian market now?
Most key patents related to Salmeterol have expired or will expire around 2025, enabling generic manufacturers to develop biosimilars.
3. Are there patent protections beyond 2025?
Current patent families for Salmeterol primarily expire by 2025, with some patents potentially extended via supplementary protections, but no dominant extensions are publicly known.
4. Are formulations or delivery methods still under patent protection?
Some specific formulations and delivery systems might still be protected if additional patents have been filed and granted. Review of current filings is necessary.
5. How does this landscape compare to other jurisdictions?
The patent timeline in Australia aligns with global trends. US and EU patents on Salmeterol are also approaching expiration, opening similar opportunities for generic manufacturing.
References
- Patent AU2009252898 [1]
- US Patent US5187116 [2]
- EP Patent EP0657869 [3]
- Australian Patent Office Patent Register [4]
