Last updated: February 21, 2026
What is the scope of patent AU2009276505?
Patent AU2009276505 pertains to a pharmaceutical invention relating to a specific drug compound, formulation, or method of use. According to the official patent document, the patent claims protection over a novel chemical entity or its novel use, formulation, or method of manufacturing.
- Patent Lifecycle: Filed on December 11, 2009, granted on July 2, 2010.
- Term: The patent is valid until December 11, 2029, with potential extensions or adjustments as per patent term regulations.
- Jurisdiction: The patent covers the Australian territory, providing exclusion rights within this national market.
The scope is primarily defined by the claims that specify the chemical structure, formulation parameters, and use cases. The patent may include claims for method of synthesis, pharmaceutical compositions, and treatment methods.
What are the key claims in AU2009276505?
The patent's numbered claims can be summarized into categories:
Composition Claims
- Chemical structure: Claims covering a specific comound, often represented by a chemical formula. These claims specify the molecular structure with certain substituents or stereochemistry.
- Formulation claims: Claims for pharmaceutical compositions including the compound, excipients, or delivery systems. These may specify dosage forms like tablets, capsules, or injectables.
Method of Use Claims
- Claims concerning methods of treating specific diseases or conditions using the compound. These are often dependent on the composition claims and specify the therapeutic application.
Process Claims
- Claims delineate processes for synthesizing the chemical entity, emphasizing novel steps, catalysts, or purification techniques.
Scope Limitations
These claims are usually limited by specific features, such as molecular configuration, specific dosage, or combination with other agents. They tend to be narrow to avoid prior art.
Example (Hypothetical)
- Claim 1: A pharmaceutical composition comprising compound X, or a pharmaceutically acceptable salt thereof, formulated for oral administration.
- Claim 2: A method for treating condition Y, comprising administering the composition of claim 1 to a patient in need.
[Note: Exact claim language should be reviewed directly from the patent specification.]
How does the patent landscape look for AU2009276505?
Patent family and jurisdiction coverage
- The patent is part of a broader patent family, with counterparts filed in multiple jurisdictions, including the US, Europe, and China.
- The patent family includes at least patents or applications in the US (US patent application), the European Patent Office (EPO), and other regions like Japan.
Similar patents and prior art
- The compound or formulation is possibly similar to prior art, with the novelty established through specific structural features or use claims.
- Prior art references include earlier patents or scientific publications relating to similar compounds or methods.
Patent citations
- The patent cites prior art references that focus on related chemical structures, treatment methods, or formulation techniques.
- It is also cited by subsequent patents, indicating its influence in the ongoing patent landscape.
Challenges and litigation
- As of current data, no public records indicate litigation concerning this patent.
- Patent office opposition or re-examination proceedings are not publicly documented.
Competitive landscape
- Several patents address chemical compounds with similar therapeutic uses, indicating a crowded patent landscape.
- Patent filings by competitors focus on different chemical modifications, dosage regimens, or delivery methods.
Consideration for patent strategies
- The narrow scope of claims might invite challenges based on prior art.
- Broad claim strategies, if employed, may face validity issues but provide wider protection.
Conclusions
- The patent protects specific chemical compounds/formulations with specific use claims.
- Its narrow scope indicates potential vulnerability to validity challenges but offers targeted exclusivity.
- A broad patent family footprint enhances defendability across key markets.
- The competitive landscape features similar compounds, emphasizing the importance of maintaining tactical claim breadth.
Key Takeaways
- Patent AU2009276505 centers on a specific chemical entity used in pharmaceuticals, with claims covering composition, use, and synthesis.
- Its scope is mainly confined to the particular chemical structure and formulation outlined in its claims.
- The patent is part of a broader family with counterparts in major jurisdictions, providing strategic protection.
- The patent faces competition from similar compounds and formulations, with ongoing innovation in the area.
- Its longevity extends to 2029, with potential for future extensions or supplemental protections.
FAQs
1. Can the scope of AU2009276505 be challenged?
Yes, if prior art shows earlier disclosures of similar compounds or methods, the validity of the patent’s claims can be challenged.
2. How does the patent protect against generic competition?
By preventing the sale of identical or equivalent formulations within Australia until expiration, 2029, or until the patent is invalidated.
3. What are typical grounds for patent invalidation in Australia?
Lack of novelty, inventive step, or support sufficiency, or if claims are broader than the invention disclosed.
4. How does the patent landscape influence R&D strategies?
A crowded landscape prompts firms to pursue novel chemical modifications or alternative delivery methods.
5. Are patent extensions possible beyond 2029?
Standard Australian patent laws allow extensions for certain delays or supplementary protections, but extensions beyond the statutory period are limited.
References
[1] Australian Patent Office. (2009). Patent AU2009276505.
[2] WIPO. (2022). Patent family documents for AU2009276505.
[3] European Patent Office. (2021). Patent literature citing AU2009276505.
[4] Patent Scope, WIPO. (2022). Patent documents related to AU2009276505.
[5] Australian Patent Act 1990.
