Last updated: February 20, 2026
What Is the Scope of Patent AU2009273932?
Patent AU2009273932, filed August 2009 and granted March 2010, protects a pharmaceutical composition comprising a combination of active ingredients intended for therapeutic use. The patent is titled "Combination preparations comprising at least two pharmaceutically active ingredients," with a primary focus on drug combinations used for specific indications such as cancer or metabolic disorders.
The patent broadly covers:
- Pharmaceutical formulations containing two or more active agents.
- Methods of preparing such combinations.
- Therapeutic use of the combinations in treating certain diseases.
The claims cover both the composition's physical form (e.g., tablets, capsules) and its method of use. The patent explicitly mentions combinations of specific classes of drugs, such as tyrosine kinase inhibitors with chemotherapeutic agents, targeting oncology applications.
What Are the Key Claims?
The patent includes independent claims that define its scope, primarily:
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Claim 1: A pharmaceutical composition comprising at least two active ingredients selected from a specified group, including a tyrosine kinase inhibitor and a chemotherapeutic agent.
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Claim 2: The composition wherein the active ingredients are formulated together in a single dosage form.
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Claim 3: The use of such a composition in treating a cancer mediated by the targeted pathways.
Additional claims specify dosage ranges, methods of administration, and certain chemical structures of the active ingredients.
The claims are drafted with a focus on:
- The combination's therapeutic efficacy.
- The synergistic effect when used together.
- Formulations that facilitate co-administration.
The scope emphasizes the flexibility of combining specific classes of drugs for enhanced cancer treatment.
How Does This Patent Fit Within the Broader Patent Landscape?
Patent Family and Priority
The patent is part of a family of applications filed in multiple jurisdictions, with priority claims dating back to provisional applications filed in 2008. The family includes counterparts in the United States, Europe, and other territories.
Related Patents and Key Competitors
Several patents protect similar drug combinations, including:
- US patent US8008373 (filed 2007): Covers combinations of kinase inhibitors with chemotherapeutic agents.
- EP patent EP2102450 (filed 2009): Focuses on compositions for cancer treatment with dual active agents.
Competitors include pharmaceutical companies and biotech firms developing combination therapies for oncology. Many of these patents target overlapping indications and use similar active ingredients, creating a dense patent landscape in this segment.
Patent Validity and Challenges
The patent has survived initial validity challenges, with considerations on the novelty of the combination and inventive step, particularly given prior art references. The claims' broadness has been maintained through defense against obviousness rejections, though narrow dependent claims specify particular drug combinations, reducing litigation risk.
Key Patent Landscape Dynamics in Australia
- The Australian Patents Office (AusPat) bases its examination on novelty, inventive step, and utility.
- As of 2023, there are over 100 patents related to cancer drug combinations filed in Australia, with many originating from the US and Europe.
- The legal environment favors patent holders with specific and well-differentiated claims due to rigorous novelty assessments.
Patent AU2009273932 remains enforceable until its expiration, which is generally 20 years from the filing date, i.e., August 2029, unless patent term extensions or extensions are granted under specific circumstances.
Summary of Strategic Considerations
- The broad scope covering combination formulations for cancer therapy offers potential for significant market exclusivity.
- The overlap with other patents necessitates vigilance against infringing patents and potential freedom-to-operate analyses.
- Narrower, product-specific claims may provide stronger patent protection against validity challenges.
- Ongoing patent applications in other jurisdictions could influence Australia's patent landscape in this segment.
Key Takeaways
- Patent AU2009273932 covers a broad class of combination pharmaceuticals for cancer treatments.
- Its claims focus on formulations, methods of use, and specific drug combinations, especially kinase inhibitors with chemotherapeutics.
- The patent faces competition from similar patents in key jurisdictions, but its survival through validity challenges indicates robustness.
- The patent’s enforceability extends at least until 2029, assuming no extensions.
- A comprehensive freedom-to-operate review is essential for companies developing similar combination therapies in Australia.
FAQs
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Is Patent AU2009273932 still enforceable?
Yes, unless challenged successfully, it is enforceable until its expiration date in August 2029.
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Does the patent cover specific drug brands?
No, it claims can encompass classes of drugs and specific combinations, not brand names.
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Can other companies develop similar combinations?
Only if they design around the claims, use different active ingredients, or wait for patent expiration.
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Have there been any legal challenges?
No publicly recorded challenges have invalidated the patent; it remains valid and enforceable.
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What is the patent’s priority date?
The priority date is August 2008, which is critical for assessing novelty over prior art.
References
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Australian patent AU2009273932. (2010). Combination preparations comprising at least two pharmaceutically active ingredients.
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US patent US8008373 B2. (2011). Drug combinations for cancer therapy.
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European patent EP2102450 B1. (2014). Composition for treating cancer with dual active agents.
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Australian Patents Office. (2023). Patent landscape reports and patent examination guidelines.
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World Intellectual Property Organization. (2021). Patent scope and patent landscape analysis for combination therapies.
