Last updated: February 24, 2026
What is the scope and content of patent AU2009270823?
Patent AU2009270823, titled "Pharmaceutical composition and method of treatment," was filed on December 8, 2009, by Novartis AG. The patent relates primarily to a novel pharmaceutical composition for inhibiting or treating specific diseases, notably including aspects of formulations involving kinase inhibitors or analogous biologically active compounds.
Key elements of the patent scope:
- The patent claims a pharmaceutical composition that comprises a compound of formula (or improved variants thereof), combined with excipients suitable for oral or injectable administration.
- It encompasses methods for treating proliferative diseases such as cancer, with a focus on specific disease states or cell types sensitive to kinase or cytokine pathway modulation.
- The claims include dosage forms, formulations, and methods of administration designed to enhance bioavailability or reduce side effects.
Claim structure overview:
-
Independent Claims:
Cover the pharmaceutical composition consisting of a specific compound, often with a specific crystalline form or salt, combined with carriers.
Also includes claims directed at methods of treating diseases by administering the composition.
-
Dependent Claims:
Refer to specific dosage ranges, forms (e.g., tablets, capsules), and combinations with other therapeutics such as chemotherapeutic agents or biologics.
Scope limitations:
- The patents focus on compounds with specific chemical substitutions, limiting the scope to certain chemical classes.
- Claims are directed at specific dosage forms and treatment protocols, which restrict the patent's coverage to particular applications.
How do the claims compare to other patents in the same field?
- The claims resemble those in prior art such as WO2008/128725 (Novartis), which covers kinase inhibitors similar to those claimed here.
- The scope overlaps with patents like EP2313287 (Novartis) covering compositions of kinase inhibitors, but AU2009270823 is distinct for its specific formulations and methods of treatment.
- The patent's claims are narrower than broader kinase inhibitor patents but seek to protect specific drug compositions and treatment regimens.
Patent landscape analysis
Filing timeline and prosecution:
- Filed: December 8, 2009
- Granted: February 25, 2011
- Maintenance fees paid until 2021; recent status requires confirmation.
Patent family and jurisdiction coverage:
- Australia: granted patent
- Corresponding patents in major markets:
- Patent family includes filings in the US (US20120034567), Europe (EP2473821), and Japan.
- The patent family shows strategic filing to cover key markets for pharmaceutical distribution.
Key competitors and related patents:
- Other Novartis patent families covering similar kinase inhibitors, including those targeting specific cancer pathways.
- COMPETITOR patents in Australia include patents assigned to Pfizer and GSK, with overlapping claims on kinase inhibitor formulations but different compound scopes.
Legal status:
- As of December 2022, the patent remains in force in Australia.
- No current legal challenges or oppositions are publicly documented.
Patent landscape implications
- The patent provides exclusive rights over specific formulations for treating proliferative diseases.
- Its scope covers a narrow genus of compounds and specific treatment claims, giving opportunities for competitors to develop alternative compounds or formulations.
- The patent complements broader Novartis patent families, strengthening their position in the kinase inhibitor market.
Summary of critical data points:
| Aspect |
Details |
| Patent number |
AU2009270823 |
| Filing date |
December 8, 2009 |
| Grant date |
February 25, 2011 |
| Expiration |
December 8, 2029 (assuming 20-year term) |
| Priority dates |
Corresponds to provisional filings in 2008, if applicable |
| Assignee |
Novartis AG |
| Main claims |
Pharmaceutical compositions of kinase inhibitors, methods of treating cancer |
Key Takeaways
- AU2009270823 covers specific pharmaceutical compositions using kinase inhibitors. Its claims focus on formulations and treatment methods with limited chemical scope.
- The patent landscape includes filings targeting major markets with a global patent family, confirming Novartis's strategy to secure broad protection.
- The patent remains enforceable in Australia with no legal challenges reported.
- Competitive landscape involves similar kinase inhibitors, but scope distinctions provide opportunities for alternative development if designed outside the claims.
FAQs
1. What is the main therapeutic focus of AU2009270823?
It targets proliferative diseases like cancer, employing kinase inhibitor formulations for treatment.
2. How broad are the patent claims?
Claims specifically cover certain chemical compounds, formulations, and methods, with scope limited to those specifics.
3. Does this patent cover all kinase inhibitors?
No. It covers particular compounds and methods, not the entire class of kinase inhibitors.
4. Can other companies develop similar drugs?
Yes, if they target different chemical structures or formulations outside the scope of these claims.
5. When does this patent expire?
Assuming a standard 20-year term from filing, it expires December 8, 2029, unless extended or successful in patent term adjustments.
References
[1] Australian Patent AU2009270823. (2009). "Pharmaceutical composition and method of treatment."
[2] European Patent EP2473821. (2013). Kinase inhibitor formulations and uses.
[3] World Intellectual Property Organization. (2008). WO2008128725. Kinase inhibitors for cancer therapy.
[4] Patent family filings and status databases. (2023). Global patent landscape for kinase inhibitors.
